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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:56
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Chapter Law Content

Chapter 9 Competition and cooperation on pecuniary liability enforcement procedure and the process of mortgagees to participate in distribution
Article 33
After Branch Offices have attached the private factories and relevant buildings in the parks in accordance with Article 20 of the Act, if they receive letters together with the archives of pecuniary liability enforcement cases from enforcement courts or branch offices requesting for consolidation of cases, they shall suspend the enforcements and maintain the present status of attachment, and transfer the documents relating to the attachment together with the above said archives to such courts or branch offices for the process thereof according to the pecuniary liability enforcement procedures, and send copies thereof to the Park Bureaus.
If under the circumstances as specified in the preceding paragraph, the enforcement courts or branch offices have auctioned off the private factories and relevant buildings in the parks and have issued the certificates of right transfers, they shall notify the Branch Offices conducting attachment first of the results; if the enforcements are suspended, the present status of attachment shall be maintained, and the attachment document shall be transfer to the Branch Offices conducting the attachment first for the process thereof in accordance with Article 20 of the Act.
Article 34
When Branch Offices are requested to enforce the compulsory auction procedure of private factories and relevant buildings under Article 20 of the Act, if they find such factories and relevant buildings are attached due to the pecuniary liability enforcement by enforcement courts or branch offices, they shall suspend the compulsory auction procedures and shall notify the Park Bureaus thereof; however, if the first attachments are provisional attachment or provisional dispositions, the Branch Offices may ask for archives of pecuniary liability enforcement and continue the compulsory auction procedures, without suspension.
Under the circumstance specified in the preceding paragraph, the Branch Offices shall notify the enforcement courts or branch offices conducting the pecuniary liability enforcement.
When the enforcement courts or branch offices conducting the pecuniary liability enforcement issue the certificates of right transfers of the factories and relevant buildings that have been auctioned off, they shall notify the Branch Offices conducting the compulsory auction matters of the results; if the enforcements are suspended, the present status of attachment shall be maintained, and the attachment document shall be transfer to the Branch Offices conducting the compulsory auction for the process thereof in accordance with Article 20 of the Act.
Under the circumstance specified in the preceding paragraph, if the Branch Offices do not continue the compulsory auction procedures, they shall return the archives relating to the enforcements.
Article 35
When Branch Offices are requested for the enforcement of compulsory auction procedures for factories and relevant buildings under Article 20 of the Act, they shall notify the mortgagees of the factories and relevant buildings, and if necessary, may notify other interested parties.
The creditors, who have security interests or indemnity priorities in the enforcement subjects by law, shall, regardless whether their credits have become due, submit their certificate of rights to the Branch Offices for the application for participation in distributions.
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