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Title: Land Administration Agent Act CH
Amended Date: 2021-01-27
Category: Ministry of the Interior(內政部)
Chapter 1 General Provisions
Article 1
This act is enacted to ensure the safety of real estate transactions and to protect the rights of people’s properties.
Article 2
Land Administration Agent shall have expertise of related laws and practices, and shall undertake business with good faith in accordance with laws.
Article 3
The term ‘competent authority’ referred to in this Act shall mean the Ministry of the Interior in the central government; the Municipal Governments in Municipalities, the County (City) governments in the Counties (Cities) level.
Article 4
A civilian of the Republic of China, who has passed the examination for Land Administration Agent and is issued with the certificate of Land Administration Agent, could act as a Land Administration Agent.
A person who was issued with the certificate of Professional Land Registration Agent before this Act coming into effect could also act as a Land Administration Agent.
Article 5
A person who has passed the examination for Land Administration Agent could apply for the Certificate of Land Administration Agent to the competent central authority with application and supporting documents.
Article 6
A person who is found to be in one of the following conditions can not act as a Land Administration Agent. The competent central authority shall withdraw or cancel the certificate of Land Administration Agent already issued to the above person.
1.Committed crimes such as deceit, breach of trust, embezzlement, forgery of documents and etc. in the practice and was sentenced to prison to serve for a period of more than a year.
2.Deprived of rights to acting as a Land Administration Agent in accordance with this Act.
3.Deprived of qualification in accordance with the Law of Examination for Professional Occupational and Technical Personnel.
The competent central authority shall make a public notice and notify the corresponding competent authorities in a municipality, or a county (city) and the Land Administration Agent Guild in the matter of withdrawal or cancellation of a personal status stated in this Article.
Chapter 2 Practice
Article 7
A Land Administration Agent shall apply for registration with application and supporting documentations to the competent authority in a Municipality or a County (City). A Land Administration Agent can practice only after being certified with a Land Administration Agent Practicing License (hereinafter short as practicing license).
Article 8
The duration of a practicing license is four years. A Land Administration Agent shall submit documentation of at least 30 hours’ professional training within the last four years or documentation equivalent to the above professional training for renewal of practicing license. The above professional training shall be received from the organizations, associations, schools and institutes that are approved by the competent central authority. A Land Administration Agent shall submit an application with documentation of at least 30 hours’ professional training within the last four years or documentation equivalent to the above professional training for reissue of practicing license in accordance with the provision of Article 7 if his / her practicing license has expired. Renewal of practicing license can be fulfilled by making a note of extending the expiry date on the original practicing license.
The standards, approval procedures, course contents and related matters for administration to an organization (an association), a school and an institute to conduct professional training shall be instituted by the competent central authority.
Article 9
The competent authority in a Municipality or a County (City) shall set up a Register of Land Administration Agents that specifies the following matters:
1.Name, Gender, Date of Birth, Number of Identification Card and Address.
2.Number of Certificate of Land Administration Agent
3.Education Background and Working Experience
4.Name and Address of Office or Joint Office.
5.Name, Education qualifications, Working Experience, Date of Birth, Number of Identification Card and Address of assistants.
6.Date of Registration and Practicing License Number.
7.Date of Registration with a Land Administration Guild.
8.Type, Date and Cause of Award and Punishment.
In the event of any change to Items I to V in the pervious provision, a Land Administration Agent shall report the change for future reference to the competent authority in a Municipality or a County (City) within 30 days.
Article 10
The competent authority in a Municipality or a County (City) shall make a public display and notify related authorities and corresponding Land Administration Agent Guild, and report the details to the competent central authority for future reference after registration of Land Administration Agent as well as its cancellation.
Article 11
A practicing license shall not be issued to;and an issued practicing license shall be withdrawn from or nullified for a person with the circumstances stated as follows.
1.A person who has been withdrawn or nullified of his / her Certificate of Land Administration Agent.
2.A person who has become subject to the order of the commencement of guardianship or assistantship and has not been rescinded.
3.A person who has been declared bankruptcy and not been resumed the rights.
In the event of withdrawal or nullification, the competent authority in a Municipality or a County (City) shall notice and inform other competent authorities in Municipalities or Counties (Cities) and Land Administration Agent Guilds, and report the details to the competent central authority for future reference.
A person, whose practicing license has been withdrawn, nullified, or not issued to in accordance with Clauses II、III of Item I, could re-apply for a practicing license in accordance with the provisions of this Act after the causes disappear.
Article 12
A Land Administration Agent shall set up an office for his / her practice, or join a joint office run by two or more Land Administration Agents who practice jointly.
The office stated in the pervious Item shall be restricted to one location only. No branch office is allowed.
Article 13
The name of Land Administration Agent Office shall include the term ‘Land Administration Agent’.
Article 14
A Land Administration Agent shall apply for registration in the new jurisdiction when the office has moved out of the jurisdiction of the competent authority in a Municipality or a County (City) where the office was originally registered.
Article 15
A Land Administration Agent or interested parties shall apply for cancellation of registration to the competent authority in a Municipality or a County (City) if the following circumstances occur:
1.Cease practicing by himself / herself.
2.Death.
In the case that the competent authority in a Municipality or a County (City) is acquainted with the matters stated in the pervious Item, cancellation of the Agent’s registration shall be undertaken based upon the authority vested in the competent authority. In the case that a Land Administration Guild is acquainted with the matters stated in the pervious Item, the Guild shall report the matters to the competent authority in a Municipality or a County (City).
Chapter 3 Business and Obligation
Article 16
A Land Administration Agent could undertake the following business:
1.Applying for the matters of land registration on behalf of clients.
2.Applying for the matters of land survey on behalf of clients.
3.Applying for the matters of taxation related to land registration on behalf of clients.
4.Applying for the matters of notarization or authentication related to Land Registration on behalf of clients.
5.Applying for the matters of deposit in accordance with land laws and regulations on behalf of clients.
6.Drafting contracts or agreements in respect of real estate on behalf of clients
7.Attesting contracts or agreements in respect of real estate.
8.Dealing with other matters in relation to land administration on behalf of clients.
Article 17
A Land Administration Agent shall deal with the entrusted matters by himself / herself. A Land Administration Agent could request other Land administration Agents to deal with the above matters provided with the consent of clients, other customs prevail or other perforce reasons.
Article 18
A Land Administration Agent shall ensure that the clients are the obligees against the registered property or are interested parties, and check up the clients’ identification before taking up the business.
Article 19
Under the following circumstances, a Land Administration Agent could register with the competent authority in a Municipality or a County (City) to act as an attesting witness for signatories to attest contracts or agreements.
1.Recommended by the national association of Land Administration Agent Guilds.
2.The total verified operating income of any two years within the last five years exceeds a certain amount.
The amount stated in Clause II of the previous Item is to be instituted by the competent central authority.
Article 20
A Land Administration Agent who is found to be in one of the following conditions can not apply for registration of an attesting witness. The competent central authority shall revoke his / her registration should any of the following conditions be found.
1.Recommendation in withdrawn by the national association of Land Administration Agent Guilds.
2.Recorded false or mal attestation in relation to Item II of Article 22 of this Act, which has resulted damage to the clients.
3.Given reprimand or more severe punishment in accordance with the provision of Article 44.
Article 21
A Land Administration Agent can not conduct attestation with regards to the land registration matters specified as follows:
1.Registration of succession which occurred before June 4th, 1985.
2.Registration of deed reissue.
3.Registration concerning the disposal of ownership, or changes of, or setting encumbrance over jointly owned land in accordance with the provision of Item I of Article 34 of Land Law.
4.Registration concerning the disposal of or inposing encumbrance over land used for temples, or worshipping ancestors, or worshipping gods.
5.Registration that requires consent of a third party.
6.Registration of a right whose value exceeds NT$ 10 Million.
7.Other registrations that are announced by the competent central authority.
Article 22
While undertaking attestation of real estate contracts or agreements, a Land Administration Agent shall verify the identifies of the signatories. Once real estate contracts or agreements are verified by a Land Administration Agent, land offices need not re-check identifies of the signatories.
Before undertaking attestation of real estate contracts or agreements, a Land Administration Agent is required to pay NT$ 200,000 to the National Association of Land Administration Guilds as Attestation Guarantee Fund. A Land Administration Agent is liable for compensation for damage to the clients which resulted from false or mal practice during attestation. In the case that the Land Administration Agent can not pay the full compensation, the National Association of Land Administration Guilds shall defray outstanding amount from the Attestation Guarantee Fund and later claim the amount back from the Land Administration Agent. The amount defrayed by National Association of Land Administration Guilds shall not exceed NT$ 4 million for each Land Administration Agent.
The matters concerning duty of attestation and management of Attestation Guarantee Fund shall be instituted by the competent central authority.
Article 23
A Land Administration Agent shall display a list of charge in an appropriate place of the office and shall provide with invoice for the fee charged.
Article 24
A Land Administration Agent shall provide with an inventory of documents entrusted by the clients.
A Land Administration Agent can not terminate contract without justifiable reasons after being entrusted. In the event of termination of a contract, the Land Administration Agent shall notify the clients at least ten days prior to the termination and shall obtain the consent of the clients before termination.
Article 25
A Land Administration Agent shall keep a record which states the process of entrusted cases.
The record stated in the provision of the previous Item shall be kept for at least 15 years.
Article 26
A Land Administration Agent shall not commit misconduct or violate the professional obligation in practice.
A Land Administration Agent shall be liable for paying compensation if he / she violates the provision in the previous Item resulting in damage to the clients or other interested parties.
Article 26-1
The registered real estate transaction price information shall become a basis for taxation only until complementary laws are enacted.
Article 27
A Land Administration Agent shall not commit the behaviors listed as follows:
1.Violating laws and regulations in practice.
2.Permitting other persons to use his / her name to practice.
3.Using unjust or illicit measures to obtain business.
4.Making promotional advertisements not for opening of the business, or moving office, or for other matters irrelevant to the business.
5.Requesting, or promising, or accepting any rewards or fees not in accordance with the provisions of laws.
6.Knowingly using false land deeds, or certification of seal, or other documentations to apply for registration to land offices.
Article 28
Regarding the registration cases filed by a Land Administration Agent, the competent authority or land office in the jurisdiction, if considered necessary, could request for or examine the related documents from the Land Administration Agent. A Land Administration Agent shall not avoid, or obstruct, or refuse the above request.
Article 29
A Land Administration Agent could send registration assistants employed by him / her to file applications and collect documents undertaking land registration. The land office can require the Land Administration Agent to call in person if that is considered necessary.
The registration assistants stated in the provisions of the previous Item should have one of the qualifications listed as follows:
1.A Certificate of Land Administration Agent
2.A degree from a college or above with a major in land economics, or land administration, or related subjects.
3.Graduation from a high school or a vocational school or above with working experience of more than two years in a Land Administration Agent office.
A Land Administration Agent can employ no more than two registration assistants, and shall notify the competent authority in a Municipality or a County (City) and the local Land Administration Agent Guild for future reference before commencement of the employment contract and after termination of the employment contract.
Chapter 4 Guild
Article 30
The jurisdiction of Land Administration Agent Guild should correspond to the current administration jurisdiction. Land Administration Agent Guilds include Municipality Guilds, County (City) Guilds, and the National Association of Land Administration Guilds.
Only one Land Administration Agent Guild of the same level is allowed to be established in the same jurisdiction. However, the names of two or more guilds of the same level shall not be the same.
Article 31
A Land Administration Agent Guild shall be established in a Municipality or a County (City) once the number of registered Land Administration Agents exceeds 15. If the number of registered Land Administration Agents is less than 15, they could join a Guild in the neighboring jurisdiction or jointly organize a Guild with agents in the neighboring jurisdiction.
Article 32
The National Association of Land Administration Agent Guilds can be established only when Land Administration Agent Guilds in over a half of the Municipalities and Counties (Cities) have been established, unless the permission to establish the National Association of Land Administration Agent Guilds is granted from the competent central authority.
Article 33
A Land Administration Agent who has completed registration can not practice without joining the Land administration Agent Guild in a Municipality or a County (City).
A Land Administration Agent Guild can not refuse a Land Administration Agent’s application to join the guild.
For a Land Administration Agent whose application to join the local Land Administration Agent Guild is refused, is deemed to have become a member of the Guild once the qualification of membership has been approved by the competent authority for civilian organizations.
The provision of Item I in this Article does not apply to Land Administration Agents between the period from this Act coming into effect until the establishment of Land Administration Agent Guild in a Municipality or a County (City).
Article 34
A Land Administration Agent shall pay a membership fee when joining a Land Administration Agent Guild. The Guild shall appropriate no less than 10 percent of the membership fee to the National Association of Land Administration Agent Guilds as a research and development fund of land administration. The National Association of Land Administration Agent Guilds shall set up a Management Committee responsible for management of the fund. Interest of the fund and other income derived from the fund shall be used for research and development in relation to the matters of land administration.
Regulations for the organization of Management Committee and disposal of the fund shall be instituted by the National Association of Land Administration Agent Guilds and reported to the competent central authority for future reference.
Article 35
All levels of Land Administration Agent Guilds shall apply for registration, with the charter of a Guild, a List of Agent Members and a List of Staff, to the competent authority for civilian associations and report the registration to the local competent authority for future reference.
The National Association of Land Administration Agent Guilds shall institute an ethical code of practice for Land administration Agents, which shall be sent to the convention of representative members for approval and then submitted to the competent central authority for future reference.
Article 36
A Land Administration Agent Guild should comprise the Board of Directors and the Board of Supervisors. The Directors and Supervisors in Boards shall be elected by members’ convention (convention of representative members). The number of Directors and Supervisors is based upon rules as follows:.
1.Board of Directors of the Land Administration Agent Guild in a County (City) level shall not consist of more than 15 persons.
2.Board of Directors of the Land Administration Agent Guild in a Municipal level shall not consist of more than 25 persons.
3.Board of Directors of the National Association of Land Administration Agent Guilds shall not consist of more than 35 persons.
4.Number of Board of Supervisors in all levels of Land Administration Agent Guilds shall not exceed one thirds of the number of Board of Directors in that respective Guild.
5.All levels of Land Administration Agent Guilds shall set up a list of alternate Directors and Supervisors. The number of alternate Directors and Supervisors shall not exceed one thirds of the total number of the respective number of Directors and Supervisors in that Guild.
In the case that the number of Directors and Supervisors, as stated in the Clauses I to V of the previous Item, exceeds three, no more than one thirds of Directors and Supervisor could, through election among them, become Managing Directors and Managing Supervisors. One of the Managing Directors can, through election among them, serve as the Chairman of the Board of Directors. In the case that Managing Director is not set up, the Chairman of the Board of Directors could be produced from election among Directors. One of Managing Supervisors shall act as the Convener of Supervisors when the total number of Managing Supervisors exceeds three.
Directors and Supervisors shall serve a term of three years for the posts, and could be re-elected subject to the number of re-elected members does not exceed a half of the total number in the Boards of Directors and Supervisors. The Chairman of the Board of Directors can only serve no more than two consecutive terms.
Article 37
The chart of Land Administration Agent Guild shall specify the following matters:
1.Name and address of the Guild and its servicing area.
2.Objective, organization and task for the Guild.
3.Registration and withdrawal of memberships.
4.Rights and obligations of members.
5.The number, authority, office term, re-election and resignation in respective of Directors, Supervisors, Alternate Directors, and Alternate Supervisors.
6.Regulations concerning members’ convention (convention of representative members), Board of Director’s meeting, Board of Supervisors’ meeting.
7.Covenant of members.
8.Rules of conduct.
9.Expenditure and accounting.
10.Procedures for amendment of articles.
11.Other matters related to operation of a Land Administration Agent Guild.
Article 38
All levels of Land Administration Agent Guilds shall hold members’ convention (convention of representative members) once a year, and shall hold a provisional meeting if necessary.
In the case that total number of members in a Guild exceeds 300, representative members can be elected and conventions of representative members held in accordance with the chart of the Guild. In such a case, the Land Administration Agent Guild shall divide its jurisdiction into smaller districts and the number of representative members should be in proportion to the number of members in individual districts.
Article 39
All levels of Land Administration Agent Guilds shall notify the competent authority and the competent authority for civilian associations in the local jurisdiction in regards date, time, venue and agenda for conventions held for members and representative members, and (joint) meetings for the Board of Directors, the Board of Supervisors, and the Board of Directors and Supervisors.
The competent authority and the competent authority for civilian associations in the residence could send officials to sit in on the meeting.
Article 40
All levels of Land Administration Agent Guilds shall submit the following matters to the respective competent authorities and the competent authority for civilian associations:
1.Register of members, and registration and withdrawal of memberships.
2.The details in respect of elections of Directors, Supervisors, Alternate Directors, Alternate Supervisors, and the lists of the electeds.
3.The minutes of members’ convention (convention of representative members), of meetings for the Board of Directors, of meetings for the Board of Supervisors, and joint meetings for the Boards of Directors and Supervisors.
Article 41
In the case that any Land Administration Agent Guild violates laws or chart, or acts against the public interest, or neglect the operation of the Guild, the competent authority for civilian associations could take the following actions as punishments:
1.Issue a warning.
2.Canceling the resolutions.
3.Cease part or all of business.
4.Replace the Directors, Supervisors or staff.
5.Order to re-organize the Guild within a certain period.
6.Dissolve the Guild.
The provisions of Clauses I to III of the previous Item can also be executed by the competent authority in the local jurisdiction.
A Land administration Agent Guild which is dissolved in accordance with the provisions of Clauses VI of Item I shall be re-established shortly.
Chapter 5 Awards and Punishments
Article 42
The competent authority in a Municipality or a County (City) shall award a Land Administration Agent or report the details to the competent central authority for a special award under any of the following circumstances:
1.The agent continuously practices land administration business for more than two years and with excellent performance.
2.The agent has undertaken research or published articles that make significant contribution in renovating practice of land registrations or other land administration business.
3.The agent reports false land registrations so as to prevent crime and protect individuals’ property rights.
4.The agent assists governments with implementation of land administration business and with excellent performance.
Article 43
Punishments for misconducts of a Land Administration Agents is listed as follows:
1.Warning
2.Reprimand
3.Cease the right to practice for a period of between two months to two years.
4.Disqualification
A Land Administration Agent, who is given warning for three times, is regarded as given a reprimand. A Land Administration Agent, who is given reprimand for three times, shall be disciplined to cease the right to practice. A Land Administration Agent, who is disciplined to cease the right to practice for an accumulated period of over three years, shall be disqualified.
Article 44
A Land Administration Agent who violates this Act shall be disciplined in accordance with the following punishments:
1.Those who violate the provisions of Item II of Article 9, Item I of Article 12, Article 13, Article 14, Item I of Article15, Article 17, Article23 to 25 or Item III of Article29, shall be given warning or reprimand and wrongdoings be amended within in a certain time period. For those who did not have wrongdoings amended within the period specified, the competent authority can continue its request for amendment and give consecutive warnings or reprimands until the violation has been rectified.
2.Those who violate the provisions of Item II of Article 12, Article 18, Items III and IV of Article 27, Article 28, the Ethical Codes of Practice for Land Administration Agents, or Articles of Land Administration Agent Guild, shall be given reprimand or asked to cease the right to practice.
3.Those who violate the provisions of Item III of Article 22, Item I of Article 26, Items I, II, V and VI of Article 27 or Item II of Article 29, shall be asked to cease the right to practice or disqualified.
Article 45
The competent authority in a Municipality or a County (City) shall set up a Disciplinary Committee for Land Administration Agents (hereinafter called the Disciplinary Committee) to deal with disciplinary matters in relation to Land Administration Agents. The organization of the Disciplinary Committee shall be instituted by the competent authority in a Municipality or a County (City).
The Disciplinary Committee should consist of nine committee members. The Director of Department of Land Administration in a Municipality or a County (City) should act as the Chairman of the Committee. The other Committee members should be appointed by the competent authority in a Municipality or a County (City) and consist of:
1.Two representatives of the Guild.
2.One official from the competent authority of civilian associations.
3.Three officials from the competent authority of land administration.
4.Two respectable people in the jurisdiction.
Article 46
In the case that a Land Administration Agent breaches the provisions of Article 44 in this Act, the clients, interested parties, the responsible competent authority, the local land office or the local Land Administration Agent Guild should submit the facts and supporting evidence to the Disciplinary Committee of the competent authority in a Municipality or a County (City) where the Land administration Agent registered to practice.
Article 47
The Disciplinary Committee should notify the accused Land Administration Agent of the disciplinary matters and request the Agent to provide with a written statement of defense or defend himself in person within twenty days of receiving the notification. The Disciplinary Committee can adjudicate on the disciplinary matters in the case that the Land Administration Agent fails to provide with a written statement of defense or defend himself in person within twenty days of receiving the notification.
The Disciplinary Committee should refer a case to the judicial authority for further investigation in the case that the Land Administration Agent is considered to be involved in a criminal offence.
Article 48
Once a Land Administration Agent is disciplined, the competent authority in a Municipality or a County (City) should make a public notice concerning the disciplinary matters and notify the local Land Office and the Land Administration Agent Guild in the local jurisdiction.
In the case that a Land Administration Agent is disciplined to cease the right to practice or is disqualified, the competent authority in a Municipality or a County (City) should report this disciplinary case to the competent central authority for future reference and notify the competent authorities in other Municipalities or Counties (Cities), and publish this disciplinary case in a bulletin.
Article 49
A person, who practices as a Land Administration Agent but without the certificate of Land Administration Agent in accordance with the laws or whose Certificate of Land Administration Agent has been withdrawn or nullified, will be fined of between NT$50,000 to NT$250,000.
Article 50
A person, who practices as a Land Administration Agent under any of the following circumstances, will be fined by the competent authority in a Municipality or a County (City) NT$30,000 to NT$150,000 and ordered to rectify or terminate his / her wrongdoings within a certain time period. For those who do not rectify or terminate the wrongdoings within the time period specified, the competent authority can continue to request for rectification or termination of the above wrongdoings within a certain time period and impose consecutive fines until the wrongdoings have been rectified or terminated.
1.Without a Practicing License in accordance with the laws.
2.With a Practicing License but without the membership of a Land Administration Agent Guild.
3.With a Practicing License but failing to renew the license in accordance with this Act when the practicing license expires.
4.Practicing License has been withdrawn or nullified.
5.Having been disciplined to cease the right to practice.
Article 51
In the case that a Land Administration Agent Guild breaches Item II of Article 33, the competent authority in a Municipality or a County (City) shall impose a NT$30,000 to NT$150,000 fine on the Guild for the violation.
Article 51-1
Cancelled.
Article 52
Cancelled.
Chapter 6 Additional Provisions
Article 53
For those who were issued with a Certificate of Professional Land Registration Agent in accordance with the laws before this Act came into effect, a practicing license can be applied for in accordance with the provision of Article 7 after this Act comes into effect. A practicing Professional Land Registration Agent can continue practicing for another four years from the date when this Act comes into effect. After the 4 years, a Professional Land Registration Agent can continue practicing provided that the agent applies for renewal of practicing license in accordance with the provision of Article 8.
A person who was issued with a certificate of passing the examination of Professional Land Registration Agent or a certificate of an equivalent qualification to Professional Land Registration Agent before the Act comes into effect, can apply for a Certificate of Land Administration Agent in accordance with the provisions of this Act.
A person who fails to apply for renewal of practicing license in accordance with Item I of this Article and continues practicing should be disciplined according to Item III of Article 50.
Article 54
A person, who was issued by a Municipality or a County (City) with a certificate of Land Agent or with a card for professional agent for land registration but has not applied for a Certificate of Professional Land Registration Agent, should apply for a Certificate of Land Administration Agent within a year after this Act comes into effect. The application will be denied after one year.
Article 55
A Guild for Professional Land Registration Agents established before this Act comes into effect and its organization complies with the provision of Article 30, shall be deemed as a Land Administration Agent Guild by law.
A guild, that was already in existence before this Act comes into effect but its organization does not comply with the provisions of this Act, shall after this Act comes into effect be disassembled within three months. Those guilds that are not disassembled three months after this Act comes into effect shall be withdrawn their permission by the competent authority.
Article 56
A competent authority shall in accordance with this Act charge fees for issues of certificate and practicing licenses. The standard of government fees shall be instituted by the competent central authority.
Article 57
The format of documents and application forms shall be specified by the competent central authority.
Article 58
The Rules for the Enforcement of this Act shall be instituted by the competent central authority.
Article 59
The Act shall come into effect from six months after the date of its promulgation.
The amended articles announced on May 27, 2009 shall take into force since November 23, 2009.
The enforcement date for Article 26-1, 51-1 and 52 amended on December 30, 2011, of this Act is enacted by Executive Yuan.
The enforcement date for Article amended on December 30, 2020, of this Act is enacted by Executive Yuan.
Amended Article 11 announced on February 5, 2014 shall be implemented on the date of promulgation.