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

Print Time:2024/05/05 12:55
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Chapter Law Content

Title: Multi-Level Marketing Supervision Act CH
Category: Fair Trade Commission(公平交易委員會)
CHAPTER SEVEN SUPPLEMENTARY PROVISIONS
Article 36
For the enterprises not meeting the definition of multi-levels sale enterprise prescribed in Article 8 of the Fair Trade Act, but actually conducted multi-levels sale business prior to the implementation of this Act shall apply for record by the competent authority according to Article 6 within three months after this Act takes effect. Any enterprises that fail to apply shall be subject to punishment under Article 6.1.
The multi-levels sale enterprises as referred in preceding paragraph shall enter into written contract with the participants having participated prior to the implementation of this Act according to Article 13.1 within six months after this Act takes effect. Any enterprises that fail to enter into written contract shall be subject to punishment under Article 13.1.
Participants participating multi-levels sale enterprises prior to the implementation of this Act may rescind or terminate contract according to Articles 20, 22, and 24 since the day this Act takes effect through 30 days expires after the contract referred in preceding paragraph is entered. Even after such period, participants may still terminate contract according to Articles21, 22, and 24.
For the participants terminating contracts after this Act takes effect, the period prescribed in the exception clause of Article 21.1 shall start from the day this Act takes effect.
Article 37
If any multi-levels sale enterprises have applied for record prior to the implementation of this Act, they still shall revise the filing documents according to Article 6.1, and provide competent authority within two months after this Act takes effect supplemental amendments. If any multi-levels sale enterprises do not provide supplemental amendments, the competent authority will make decision as the enterprises in violation Article 7.1.
If any multi-levels sale enterprises have applied for record prior to the implementation of this Act, they still shall revise the written contract entered into with participants, notify participants the revision content in written, and make announcements in business places. If any multi-levels sale enterprises do not notify participants the revision content in written, the competent authority will make decision as the enterprises in violation Article 13.1.
After receiving the notification referred in preceding paragraph, if participants do not object within specific period, it will be deemed as they accept the revision.
Article 38
The competent authority shall designate the multi-levels sale enterprises having applied for record to donate certain property in order to establish a protection institution in charge of protecting the rights and interests of multi-levels sale enterprises having applied for record, and participants, and dispute resolution. The donation amount may be deducted from the protection fund and annual fee as prescribed in Paragraph 2.
The protection institution may collect protection fund and annual fee from the multi-levels sale enterprises having applied for record. The collection methods and specific amount shall be determined by the competent authority.
If the multi-levels sale enterprises having applied for record fail to pay according the preceding two paragraphs, it will be deemed as in violation of Article 32.1, and sanctioned accordingly.
The enterprises may request the protection offered by the protection institution only after paying fund and annual fee according to the rules issued by the competent authority.
The organizations, duties, fee appropriation, operation procedures, and its monitoring and management shall be determined by the competent authority.
Article 39
After this Act takes effect, the provisions in the Fair Trade Act relevant to multi-levels sale shall not apply.
Article 40
The enforcement rules of this Act shall be made and promulgated by the competent authority.
Article 41
This Act shall take effect upon promulgation.
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