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

Print Time:2024/04/20 14:30
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Chapter Law Content

Title: Political Parties Act CH
Category: Ministry of the Interior(內政部)
Chapter 5. Disciplinary Actions, Dissolutions and Mergers of Political Parties
Article 25
When a competent authority deliberates whether to file an official record of concerns regarding the disciplinary actions, name, abbreviated name, the registered official emblem of a political party, or other related matters, the competent authority shall engage a committee of impartial members of society to reach a consensus on the course of action to be adopted.
For the aforementioned committee, no more than one-third (1/3) of the members shall belong to the same political party, and no less than one third (1/3) of the members shall belong to the same gender.
Article 26
Pursuant to Paragraph 5, Article 5 of the Additional Articles of the Constitution of the Republic of China, if there is cause for a political party to be dissolved, the competent authority shall collect pertinent evidence and petition the Taiwan Constitutional Court for a hearing.
Article 27
A political party shall have its official registration revoked if it meets any of the following conditions:
1. Four consecutive years of failure to convene a representative assembly or party congress, even after a reminder with a prescribed compliance date is issued by the competent authority
2. Four consecutive years of failure to comply with relevant laws and regulations governing the nomination of candidates for election to public office
3. Failure to register as a legal person within one year after filing the official registration application of the political party
Article 28
A political party may be dissolved or may be merged with another political party by resolution of its representative assembly or party congress.
An official registration of the dissolution of a political party shall be filed with the competent authority within thirty (30) days.
Political parties that merge to form a new political party shall do so in accordance with Paragraph 1, Article 7, and the rights and obligations of the original political parties shall be borne by the new political party. In accordance with Article 10, when a political party is dissolved due to a merger, its rights and obligations shall be borne by the surviving political party.
Article 29
Filings of official registrations of the dissolution or removal of a political party shall be announced by the competent authority. Political parties that have registered as a legal person shall request the court to register the dissolution.
Article 30
When a political party is dissolved by the Taiwan Constitutional Court, all operations shall terminate on the date of the judgement. Such political parties shall not establish replacement organizations featuring identical aims and goals.
Political parties dissolved in the manner described in the preceding paragraph shall not use the name of the dissolved political party, or an abbreviated version thereof, to re-establish the political party or to campaign..
On the effective date of the judgement by the Taiwan Constitutional Court or the announcement of dissolution by the competent authority, legislators-at-large and legislators residing overseas who were selected according to party-list proportional representation in national legislative elections by political parties that have been dissolved shall lose eligibility. This provision shall not apply to political parties that are dissolved due to a merger.
Article 31
Eligibility shall remain unchanged for legislators-at-large and legislators residing overseas who were selected according to party-list proportional representation in national legislative elections by political parties that have undergone a merger. Vacant offices shall be filled according to the prepared list of the political party to which the office holder belonged prior to the merger and according to the order in which said list was prepared.
If an individual party that is involved in a party merger fails to attain the proportion of the total vote stipulated in Paragraph 1, Article 22, that party shall not be eligible for a subsidy, regardless of whether the combined total votes of the merged parties satisfy said stipulated proportion.
Article 32
A political party that is dissolved due to failure to register as a legal person or that has its official registration revoked shall liquidate party property in accordance with the party charter or with resolutions of the representative assembly or congress of the party. If there are no such provisions in the party charter and the representative assembly or congress of the party cannot be convened, the competent authority shall appoint a liquidator to handle the matter pursuant to the provisions governing liquidation in the Civil Code.
After the property of the political party is liquidated, any remaining surplus shall belong to the national treasury.
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