Print Time:2022/01/29 04:29
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Chapter Law Content

Title: Foundations Act CH
Category: Ministry of Justice(法務部)
Chapter 4 Miscellaneous
Article 63
If a public-endowed foundation with any of the following circumstances and thus required enhanced supervisor, upon the competent authority’s designation, subparagraphs (1) and (2) of the first paragraph of Article 51, Article 54, the first and third paragraphs of Article 56 and subparagraphs (1), (3) and (4) of the first paragraph and the second to fifth paragraphs of Article 57 shall apply mutatis mutandis to such foundation:
(1) The property endowed by government agencies, public legal persons, government-owned enterprises or government-endowed foundations reaches 20 percent or more of the foundation’s total endowment property before this Act becomes operative;
(2) The property endowed or donated by government agencies, public legal persons, government-owned enterprises or government-endowed foundations reaches 20 percent or more of the foundation’s total fund before this Act becomes operative;
(3) The foundation’s personnel, financial and operation affairs is directly or indirectly controlled by the government; or
(4) Other foundations established in accordance with the Civil Code and laws or regulations other than this Act with specific mission and specific financial resources to fund its operation.
Any person who avoids, impede or refuse the inspection or provision of materials and thus violates the preceding paragraph relating to the mutatis mutandis application of the first paragraph of Article 56 shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000, and may be fined at each violation thereafter.
In order to supervise and ensure the normal operation and sound development of a foundation under the first paragraph, the competent authority may stipulate supervisory regulations in relation to the management and use of properties, items and procedures for investments, performance evaluations, part-time pay of directors and supervisors, salary and bonus of the chairperson and other personnel, exercise of director and supervisor duties and other relevant matters.
A public-endowed foundation which meets any of the following conditions shall be presumed to be directly or indirectly controlled by the government of its personnel, financial or operation affairs under subparagraph (3) of the first paragraph:
(1) The foundation has one half or more directors selected, designated, recommended by the government or concurrently served by the public servants in accordance with its charter of endowment;
(2) The government agency has the power and authority to decide or recommend the foundation’s chairperson or other executive officers who are in charge of executing management policy;
(3) The foundation’s budgets and final accounts are required to be submitted to the competent authority for approval in accordance with laws, regulations or the charter of endowment; or
(4) The foundation’ s management policy, operation plan or operation rules are required to be submitted to the competent authority for approval in accordance with laws, regulations or the charter of endowment.
In accordance with the first paragraph which provides for mutatis mutandis application of subparagraphs (1) and (3) of the first paragraph of Article 57, a person shall be ordered to make a correction within a specified time period and shall be removed from office only after such person fails to make a correction with the specified time period.
Article 64
For a foundation under subparagraphs (1) and (2) of the first paragraph of the preceding Article, the percentage of the directors and supervisors selected, designated or agreed by government agencies shall be equivalent to the ratio of the property endowed or donated by government agencies, public legal persons, government-owned enterprises and government-endowed foundations to the foundation’s total fund (rounded to the nearest whole number) provided that the number shall not be less than one for each. Where there are managing directors, this provision applies too.
The competent authority shall check the asset status of the foundations under the preceding paragraph within 3 months after this Act becomes operative.
Article 65
If a foundation meets any of the following criteria and is converted to a public-endowed foundation as a result of its receipt of private donations before this Act becomes operative, the third paragraph of Article 59 shall apply mutatis mutandis:
(1) The foundation is established with property endowed by government agencies, public legal persons, government-owned enterprises or government-endowed foundations before this Act becomes operative, and their total endowed property exceeds 50 percent of the total property registered with the court at the time of its establishment; or
(2) The total property endowed or donated by government agencies, public legal persons, government-owned enterprises or government endowed-foundations before this Act becomes operative once exceeds 50 percent of the total property registered with the court.
For a foundation under the preceding paragraph, if the number of directors or supervisors selected, designated or agreed by the government agencies is inconsistent with the preceding paragraph, such inconsistency shall be rectified within 1 year after this Act becomes operative. If it is not rectified at the end of the specified time period, the competent authority may rescind its establishment approval or remove all directors from office and handle this matter in accordance with Article 47.
Article 66
If a foundation ceases operation for 2 years without justifiable causes, the competent authority may order it to make a correction within a specified time period. If no correction is made at the end of the specified time period, the competent authority may rescind its establishment approval.
Article 67
If a foundation established before this Act becomes operative does not meet the requirements set out in this Act, the foundation shall make a correction within 1 year after this Act becomes operative unless this Act provides otherwise or the inconsistency is related to the foundation’s name, the total endowed property and the procedures for appointment of a public-endowed foundation’s directors. If no correction is made by the end of the specified time period, the competent authority may rescind its establishment approval or remove all directors from office. However, if the failure to make timely correction is due to special circumstances and an application for extension is approved by the competent authority, this provision shall not apply.
The extension set out in the proviso of the preceding paragraph shall be no more than one year.
If the competent authority removes all directors from office in accordance with the first paragraph, the following shall apply:
(1) Article 47 shall be followed if it is to remove all directors of a public-endowed foundation from office.
(2) The second, fourth and fifth paragraphs of Article 57 shall be followed if it is to remove all directors of a government-endowed foundation from office.
Article 68
If a foundation under the first paragraph of Article 65 is converted to a public-endowed foundation as a result of receiving private donations before this Act becomes operative, within 3 years after this Act becomes operative, the competent authority may donate property to make up the difference calculated from the current total fund and reinstate this foundation to a government-endowed foundation in the event that, after the competent authority’s review, the policy purpose remains in existence, but the foundation fails to attain the society’s public benefit or the purpose of exercising public authority, or avoids the government’s supervision.
Article 69
A foreign foundation which meets the specific type, purpose and conditions may apply to the central competent authority for recognition along with the following documents:
(1) Application form. The foreign foundation’s name shall be translated into Chinese and its nationality shall be specified;
(2) Certificate of establishment issued by the competent authority in the home country that evidences its qualification as a foundation;
(3) Charter of endowment;
(4) Identification document of directors or the representative in the R.O.C.;
(5) The principal office address in R.O.C.;
(6) Anti-money laundering and combating financing of terrorism plan if its principal office is located in high-risk countries or areas of money laundering and financing of terrorism; and
(7) Other documents designated by the central competent authority.
All documentations set out in the preceding paragraph shall be translated into Chinese if they are made in foreign language; the documents in foreign language and their Chinse translations set out in subparagraphs (2) to (4) shall be authenticated by the R.O.C.’s consulate.
The specific type, purpose and conditions set out in the first paragraph shall be stipulated by the central competent authority according to actual needs.
Article 70
A foreign foundation the establishment purpose or operation of which contravenes the R.O.C. law shall not be recognized.
Article 71
Subject to the limits set out by law and regulation, a foreign foundation which has been recognized has the same legal capacity as the R.O.C. foundation of the same kind.
The duty of a foreign foundation under the preceding paragraph to comply with R.O.C. law shall be the same as the duty of a R.O.C foundation.
Article 72
Unless the law provides otherwise, a foreign foundation which has been recognized shall enjoy the rights in R.O.C. to the extent that a R.O.C. foundation is accorded the same treatment in the foreign foundation’s home country in accordance with treaties, agreements, or the law or customs of that country.
Article 73
A foreign foundation which has been recognized shall apply to the court for registration of its establishment of principal office within 15 days after its receipt of the recognition document.
Article 74
Each competent authority may classify the foundations according to their scales and implement evaluation accordingly in order to give guidance, inspection and incentives to foundations.
Article 75
The establishment, organization, operation and supervision of religious foundations shall be stipulated by separate law. The Civil Code and other relevant law shall apply before a separate law is enacted.
The scope of religious foundations under the preceding paragraph shall be determined by the central regulatory authority of the respective business.
Article 76
This Act shall come into force at the end of 6-month period after the date of promulgation.
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