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Chapter 3 Penalty Provisions
Article 37
If any institutional long-term care juridical entities violates Paragraph 1 of Article 18 and acts as a guarantor, the competent authority may impose a fine of not less than NT$100,000 and not more than NT$500,000 and require the organization to undertake remedies within a specified period. Consecutive punishments may be imposed if no remedies are undertaken within the deadline. Moreover, the offender shall assume sole responsibility for the guarantee.
If any institutional long-term care juridical entities violates Paragraph 2 of Article 18, the competent authority may impose a fine of not less than NT$100,000 and not more than NT$500,000 on the chairman of the board. Should the institutional long-term care juridical entities suffer any harm therefor, the offender shall be liable for compensation.
Article 38
If any director or Board Auditor of aInstitutional long-term care juridical entities violates Paragraph 3 of Article 32 and fails to file a report with the competent authority for recordation purposes, the competent authority may impose a fine of not less than NT$50,000 and not more than NT$250,000 on the director or Board Auditor.
Article 39
If any of the following circumstances occurs, the competent authority may impose a fine of not less than NT$20,000 and not more than NT$100,000 and require the violating organization to undertake remedies within a specified period. Consecutive punishments may be imposed if no remedies are undertaken within the deadline.
1. Ainstitutional long-term care juridical entities violates Paragraph 2 or 4 of Article 14, Article 15, or Article 17.
2. Ainstitutional long-term care juridical entities violates Paragraph 1 or Paragraphs 3 to 5 of Article 16.
3. A long-term care foundation fails to set aside the percentage specified in Paragraph 1 of Article 28.
4. A long-term care corporation fails to set aside the percentage specified in Paragraph 1 of Article 36.
Article 40
In case of violation of the provisions of Article 21 regarding naming of institutional long-term care juridical entities, the competent authority may impose a fine of not less than NT$20,000 and not more than NT$100,000 and require the violating organization to undertake remedies within a specified period. Consecutive punishments may be imposed if no remedies are undertaken within the deadline.
Article 41
If any long-term care foundation violates Article 29 and fails to disclose required information, the competent authority shall require the foundation to undertake remedies within a specified period. A fine of not less than NT$20,000 and not more than NT$100,000 may be imposed if no remedies are undertaken within the deadline.
Article 42
If any of the following circumstances occurs, the competent authority may impose a fine of not less than NT$10,000 and not more than NT$50,000 and require the violating organization to undertake remedies within a specified period. Consecutive punishments may be imposed if no remedies are undertaken within the deadline.
1. The remaining, newly established, or eliminated institutional long-term care juridical entities fails to apply for registration of change, establishment, or dissolution in accordance with Paragraph 5 of Article 20 upon a merger of institutional long-term care juridical entities.
2. A long-term care foundation fails to file a report with the competent authority for recordation purposes in accordance with Paragraph 2 of Article 23.
3. The eleemosynary founder of a long-term care foundation or the executor of a will fails to file a report with the competent authority for recordation purposes in accordance with Paragraph 3 of Article 23.
4. A long-term care foundation fails to obtain approval from the competent authority in accordance with Paragraph 1 of Article 26, or fails to apply for registration of change or dissolution in accordance with Paragraph 2 of Article 26.
5. A long-term care corporation fails to file a report with the competent authority for recordation purposes in accordance with Subparagraph 1 of Article 30.
6. A long-term care corporation fails to obtain approval from the competent authority in accordance with Paragraph 1 of Article 34, or fails to apply for registration of change or dissolution in accordance with Paragraph 2 of Article 34.
Article 43
If any of the following circumstances occurs, the competent authority shall require the violating organization to undertake remedies within a specified period. A fine of not less than NT$10,000 and not more than NT$50,000 may be imposed if no remedies are undertaken within the deadline. Consecutive punishments may be imposed in case of failure to undertake remedies within a specified period after being required again to do so within the specified period.
1. The board of directors or any Board Auditor of ainstitutional long-term care juridical entities violates Paragraphs 1 to 4 of Article 10.
2. A long-term care foundation violates Paragraphs 1 to 3, Paragraph 5, or Paragraph 6 of Article 25.
3. A long-term care corporation violates Article 33.