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Chapter Law Content

Chapter III Organization
Article 9
An EPPI shall establish a board of directors with 13 directors. A full complement of
directors, to be selected(assigned)by the FTC for the next term, is as follows:
1. 3 representatives from MLM enterprises, as on file with the FTC;
2. 3 representatives from the participants;
3. 5 experts or scholars;
4. 2 representatives from the FTC.
Each director shall serve a 3-year term and may be re-selected/ re-appointed for a second term. The number of directors to serve a second term may not exceed 2/3 of the total number of directors.
The chairperson of the board of directors shall be elected from among the directors, exclusive of the FTC’s representative(s), with a majority vote at a meeting attended by a quorum of over 2/3 of the directors. The result shall become effective upon approval of the FTC.
Article 10
The responsibilities of the board of directors are as follows:
1. Fund raising, administration and management;
2. Election and dismissal of chairperson of the board;
3. Selection of members of the mediation committee;
4. Stipulation and revision of operating regulations;
5. Establishment and administration of internal organization;
6. Development and promotion of work plans;
7. Review of annual budget and final accounting accounts
8. Proposal of amendments to the charter for endowment;
9. Proposal of property purchases and disposal or creation of encumbrance;
10.Proposal for the amount of advance payments for major cases, and the maximum amount of payments on behalf of participants for litigation costs and attorney's fees;
11. Resolutions on advance payments for each major case;
12.Other matters, as required, by relevant charters and business regulations to be proposed, or resolved, by the board of directors
Article 11
The board of directors meetings shall be convened and chaired by the Chairperson of the Board. In the event that the Chairperson of the Board of directors is unable to convene andpreside over a meeting for any reason, the Chairperson shall designate a Director to act on his or her behalf. If the Chairperson does not designate, or is unable to designate a proxy, the Directors shall elect one of their own to convene and preside over that meeting.
The board meeting shall be held at least once every three months, and interim board meetings may be convened, as necessary.
Directors shall attend board meetings in person or, if they are unable to attend, they may delegate their attendance to other directors by proxy, with the scope of such authority specified in writing. However, the number of proxy directors shall be limited to one per director, and that number shall not exceed one-third of the total number of directors.
The board meetings may be held via video conference, with the directors who participate in such video meetings considered as being present in a in-person meeting.
If the Chairperson of the Board fails to convene a meeting as required by the regulation, and then, if at least one-third of the total current directors submit in writing a request for the convening of a board meeting, including the purpose of the meeting and the reason for the convening of such a meeting, the Chairperson of the Board shall then convene a meeting within ten days of the date that such a request is made. If within the said time limit no convening notice is given, the requesting directors may, with the approval of the FTC, convene a meeting themselves.
Article 12
Decisions of board meetings shall require the attendance of a quorum of over 1/2 of the directors as well as a majority vote at a meeting.
Article 13
Proposals made by the EPPI on the following matters require the attendance of a
quorum of two-thirds of the directors, and the consent of at least two-thirds of the
attending directors::
1. The revision of charter of endowment.;
2. Stipulation and revision of organizational regulations;
3. Dissolution or revision of objectives of the EPPI;
4. Property purchases and disposal or creation of encumbrance;
5. Application for loans;
6. Revision of fund custody and management.
If the revision made to the charter as specified in subparagraph 1 of the preceding paragraph involves any of the circumstances described in Article 62 or 63 of the Civil Code, the FTC may apply to the court for necessary disposition.
Matters as stipulated in every subparagraph of the first paragraph shall be submitted to the FTC for approval, before they are implemented.
The agenda for discussion regarding the matters stated in paragraph 1 shall be provided to all the directors as well as filed with the FTC for future reference ten days before the meeting takes place and the FTC may also send staff members to attend the meeting as observers.
Article 14
The EPPI shall have 1 to 3 supervisors to be selected by the FTC from scholars, specialists and impartial persons.
Each supervisor shall serve a 3-year term and may be reselected. The number of reselected supervisors serving for a new term may not exceed 2/3 of the total number of supervisors.
The supervisors may, at any time, investigate the business operations and financial status of the EPPI; audit the financial books, documents and asset information; and may request a report from the board of directors
The supervisor may exercise his or her supervision power individually. Once discovering that the board of directors is acting in violation of the laws, charter for endowment, or operating regulations during execution of its duties, the supervisor shall immediately notify the board to cease its conduct while at the same time inform the FTC, and provide the FTC with a written statement of the finding facts within three days.
Article 15
In order to resolve disputes, the EPPI establishes the MLM Rights Protection and Dispute Mediation Committee(hereinafter referred to as the Mediation Committee). There are 13 to 21 members on the Committee, one of whom shall be the Chairperson. All members are selected by the board of directors from available scholars, experts, impartial persons, representatives of MLM organizations, or consumer protection groups, with relevant professional qualifications and/or practical experience, who are then appointed after being ratified by the FTC.
Each mediation committee member shall serve a 3-year term and may be reselected upon expiration of each term.
Decisions made by the mediation committee shall require the attendance of a quorum of over 1/2 the members as well as a majority vote of the attending members.
The members of the mediation committee shall exercise their duties independently in an impartial manner.
Article 16
The person falls within any of the following categories shall not serve as EPPI’s director, supervisor or mediation committee member. He or she already serving in any of these capacities shall be ipso facto discharged:
1. The representative of an MLM enterprise who have been placed on the FTC watch list;
2. Any person who has engaged in inappropriate MLM activities and indicted by a prosecuting agency or transferred to a prosecuting agency by the FTC;
3. Any person who has committed and has been convicted of a crime, as stipulated in the Organized Crime Prevention Act;
4. Any person who has committed and has been convicted of fraud, breach of trust, embezzlement or corruption;
5.Any person who has been dishonored for unlawful use of credit instruments, and the term of such sanction has not expired yet;
6.Any person who has been declared bankrupt or adjudicated of the commencement of liquidation process in accordance with the Statute for Consumer Debt Clearance, and having not been reinstated to his rights and privileges;
7. Any person who has been pronounced by the court of an assistantship, and such declaration has not been withdrawn;
8. Any MLM enterprise representative or participant who has not paid endowment for the protection fund or annual fee.
Article 17
The directors, supervisors, mediation committee members and staff members of the EPPI shall recuse themselves when conflict of interests occurs in the execution of duties, but election of the chairperson of board directors is excluded.
The conflict of interests stated in the preceding paragraph refers to situations when directors, supervisors, mediation committee members or staff members of the EPPI gain profits or reduce loss either directly or indirectly through any act or omission in execution of their duties.(經檢視不用英譯修正)
Article 18
The directors, supervisors, mediation committee members and staff members of the EPPI shall not engage in the following conduct:
1. Making inquiries that transgress the laws or disclosing confidential information accessed through work;
2. Taken advantage of the power, opportunity, or means of one's position in order to benefit oneself, or one's related parties.
The "related parties", as described in Subparagraph 2 of the preceding paragraph and Paragraph 2 of the preceding Article, refers to spouses, or relatives within the second degree of kinship.
Article 19
The directors, supervisors and mediators of the EPPI are unpaid, but may receive part-time remuneration, or attendance fees and travel expenses. However, the Chairperson of the Board is a full-time position, who may be paid upon the board of directors’ resolution.
The criteria for the payment of the fees and compensation to the Chairperson of the Board, as mentioned in the preceding paragraph, shall be determined by the EPPI and then implemented upon approval of the FTC
The staff members of the EPPI may receive salaries. The standards for payment shall be established by the EPPI and implemented after reported to the FTC for approval.