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

Print Time:2024/05/21 21:08
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Chapter Law Content

Title: Medical Care Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter III Medical Juridical Persons in Medical Care
Section II Medical Care Corporate
Article 42
Medical care corporate shall submit endowment charter, establishment plan, and related documents for approval by the central competent authority for establishment. After approval for the medical care corporate referred to in the preceding Paragraph, the founder or executor of will shall appoint directors and establish a board of directors within 30 days.
The founder or executor of the will shall submit the list of directors for authorization from the central competent authority within 30 days of establishment of the board of directors, which shall be submitted to the respective court for registration of juridical person within 30 days of authorization.
The founder or executor of the will shall transfer the endowment to the juridical person within three months of the date of registration completion for the medical care corporate, and shall notify the competent authority.
The founder or executor of the will shall be given a time limit within which to transfer the endowment to the juridical person; those who fail to comply shall be subject to revocation of license by the central competent authority.
Article 43
There shall be nine to fifteen directors for a medical foundation.
The requirements for the composition of directors are as follows:
1. No less than one-third of the directors shall be qualified medical personnel, and there shall be at least one physician.
2. No more than one-third of the directors shall be foreigners.
3. No more than one-third of the directors shall be spouses or relatives within the third degree of kinship of other directors.
The term of office for a director shall not exceed four years, but may be renewed through re-election. However, no more than two-thirds of the directors shall have their term of office renewed for each re-election.
In the event where a medical foundation stipulated in the articles of association a term of office of directors more than the period of time specified in the preceding paragraph prior to the enforcement of the provisions amended on November 26, 2013, its directors may continue to hold office till expiration of the current term of office. This rule also applies to succeeding directors who are elected to fill a vacancy.
Directors shall personally attend board of directors meetings, and shall not authorize an agent to represent him/her.
Article 44
Changes to the endowment charter of medical care corporate shall be made with the approval of the central competent authority.
In the case that there are any changes made in chairman, directors, assets, or any other registered particulars, the medical care corporate shall apply for approval in accordance with provisions by the central competent authority.
The changes referred to in the preceding two Paragraphs shall be registered at court within 30 days of approval by the central competent authority.
Article 45
In the case that a medical care corporate director is not elected or replaced after the previous one has fulfilled his/her term, which results in clear damage to the organization of the board of directors, the central competent authority shall appoint a replacement director according to the petition of other directors or interested parties.
The regulations regarding appointment shall be determined by the central competent authority.
In the case that a medical care corporate director is in violation of the law or bylaws, resulting in harm done to the juridical person, is harmful to the interests of the established institution, and causes an inability to operate normally, the central competent authority may order said director to temporarily cease from his/her duties or dismiss him/her according to the petition of other directors or interested parties.
The temporary cessation from duties referred to in the preceding Paragraph shall not exceed six months. In the case that the cessation from duties results in clear damage to the organization of the board of directors, the central competent authority shall appoint a temporary director in replacement. The appointment of the temporary director shall be exempt from registration, and shall be appointed in accordance with provisions provided for in the first Paragraph.
Article 45-1
Any person with any of the following conditions must not serve as a director or supervisor:
1. The person has violated Articles 121 to 123 and Article 131 of the Criminal Code or Articles 4 to 6-1 or Article 11 of the Anti-Corruption Act and has been convicted of the offense or issued a wanted circular for an unclosed case. However, this rule does not apply to the cases where probation is pronounced or the punishment has been commuted to a fine and the fine has been paid in full.
2. The person has been charged with misappropriation, fraud, or breach of trust and has been convicted of the aforesaid offenses or issued a wanted circular for an unclosed case. However, this rule does not apply to the cases where probation is pronounced or the punishment has been commuted to a fine and the fine has been paid in full.
3. The person is faced with the pronouncement of custodial protection or aid that has not been revoked yet.
4. The person has been appraised by physicians to be suffering from mental illness or any other physical or mental impairment that prevents him/her from engaging in professional practice.
5. The person had assumed the post of chairman of the board, director or supervisor and was dismissed pursuant to Paragraph 2 of the preceding article or Subparagraph 3, Paragraph 1 of Article 45-2.
6. The person has been adjudicated bankrupt or subject to the commencement of the liquidation process as ruled, and has not been reinstated to his/her rights and privileges.
Article 45-2
The chairman of the board, a director or a supervisor shall be dismissed if any of the following circumstances occurs during his/her term of office:
1. Having a letter of resignation presented to a board of directors meeting and included in the meeting’s minutes.
2. Meeting one of the conditions as set forth in the preceding article.
3. Having abused the power gained from his/her position or status to commit crimes and been convicted.
4. The chairman of the board convening no board of directors meetings within one year without reason.
In the event where the chairman of the board, a director or a supervisor abused the power gained from his/her position or status to commit crimes and a prosecutor files a public prosecution, his/her duties shall be suspended.
The chairman of the board, a director or a supervisor who represents a government agency or was recommended by other corporations or organizations shall hold or be removed from office when his/her original position changes. Recommended successors shall be elected and engaged by the board of directors, and their term of office expires on the day when the original term of office expires.
Article 46
Medical care corporate shall allot at least ten percent of the annual medical care income to conduct related research and development, professional training, and health education. Medical care corporate shall allot at least ten percent of the annual medical care income to conduct medical relief, community medical care services, and other community services. Those without standing achievements shall be rewarded by the central competent authority.
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