Civil Associations Act

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050091

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Chapter 1 General Provisions

Article 1

The organization and activities of civil associations shall be implemented in accordance with the provisions of this Act; where there are special provisions in other laws, such provisions shall apply.

Article 2

(Deleted)

Article 3

Regulating authorities as called in this Act, at the central and provincial level, refer to the Ministry of the Interior; at the municipal level, refer to municipal governments; and at the county (city) level, refer to county (city) governments. However, the target businesses of civil associations shall be directed and supervised by the regulating authorities of specific businesses.

Article 4

Civil associations are divided into the following three categories:
1. Occupational association.
2. Social association.
3. Political association.

Article 5

The organizational area of a civil association shall refer to the corresponding administrative region and subordinate organizations may be established.
Establishment of a subordinate organization as referred to in the above paragraph shall be registered with the local regulating authority in accordance with the provisions of this Act.

Article 6

The site of a civil association shall be located where the regulating authority is located. However, with the approval of the regulating authority, it may be located in another place, and branches may be established.

Article 7

Two or more civil associations of the same level and the same category may be organized within the same organization area unless otherwise limited by law. However, their names shall be different from one another.

Chapter 2 Establishment

Article 8

To organize a civil association, the initiators shall submit an application form, a draft of the association’s constitution, and a list of the initiators to the regulating authority to apply for approval.
There must be no less than thirty (30) initiators, and a person who is over twenty (20) years old and, besides the situations prescribed below, may be an initiator as referred to in the above paragraph:
1. He is condemned to fixed-term imprisonment, and the imprisonment has not been executed or finished yet. However, this does not include probation.
2. He is under security punishment or disciplinary punishment that has not been executed or finished yet.
3. He is announced to be bankrupted, and the rights have not been recovered.
4. He has been placed under custodianship and such custodianship has not yet been withdrawn.
The format of the application form referred to in the first paragraph shall be prescribed by the central regulating authority.

Article 9

After the application for establishment of a civil association is approved, an initiators’ meeting shall be called to elect preparation committeemen to organize a Preparation Committee, and an establishment conference shall be held after the preparation is finished.
To call a meeting of the Preparation Committee and the establishment conference, a notice shall be given to the regulating authority, and the regulating authority may send personnel to attend the meetings as non-voting delegates.

Article 10

A civil association shall, within thirty (30) days after the establishment conference is held, report the constitution, a list of the members, and curriculum vitae of the personnel employed to the regulating authority for approval and accreditation, and the regulating authority shall grant an accreditation certificate and an official seal.

Article 11

After being approved and registered by the regulating authority, a civil association may register itself as a legal person at the governing local court, and shall submit a photocopy of the registration certificate to the regulating authority for reference within thirty (30) days after the registration is finished.

Article 12

The constitution of a civil association shall include the following contents:
1. Name
2. Tenet
3. Organizational area.
4. Site
5. Task.
6. Organizations.
7. Affiliation, disaffiliation, and dismissal of members.
8. Rights and obligations of members.
9. Quota, authority, tenure, appointment, and recall of member representatives, directors, and supervisors.
10. Meeting.
11. Funds and accounting.
12. Procedure for modifying the constitution.
13. Other matters that should be described according to law.

Chapter 3 Members

Article 13

A member representative of a civil association refers to a representative chosen by the member organization or elected by the subordinate associations or elected by way of geographical election according to the provision of Article 28; the rights of member representatives shall be executed in the same way as members.

Article 14

Where a member (member representative) of a civil association violates a law or the constitution of the association, or does not follow a resolution of the members’ (member representatives’) congress, thus causing serious damage to the association, he may be dismissed with the resolution of the members’ (member representatives’) congress.

Article 15

In any of the following occasions, a member of a civil association shall be disaffiliated:
1. Death.
2. Deprived of membership.
3. Dismissed by a resolution of the members’ (member representatives’) congress.

Article 16

All the members (member representatives) of a civil association have the right to vote, to elect, to be elected, and to recall. Each member (member representative) may take one vote.

Chapter 4 Personnel

Article 17

Each civil association shall set directors and supervisors, and they shall be elected from the members (member representatives). And the quota shall meet the following provisions:
1. In a civil association of the county (city) level or below, there may not be more than fifteen (15) directors.
2. In a civil association of the province (city) level, there may not be more than twenty-five (25) directors.
3. In a civil association directly under the jurisdiction of the central government, there may not be more than thirty-five (35) directors.
4. The quota of supervisors of a civil association of any level may not exceed one-third (1/3) of that of the directors of the association.
5. Alternate directors and alternate supervisors may be set in a civil association of any level, and the quota may not exceed one-third (1/3) of that of the directors and supervisors of the association.
Where the quota of directors and supervisors is not less than three (3) respectively, standing directors and standing supervisors may be elected by and from the directors and supervisors, and the quota may not exceed one-third (1/3) of the total number of directors and supervisors respectively; furthermore, a chairperson of the board of directors shall be elected by the directors from the standing directors, or elected by and from the directors if there is no standing director. Where there are three (3) or more standing supervisors, one shall be elected by and from them to act as the convener of the board of supervisors.

Article 18

The board of directors and the board of supervisors of a civil association shall perform their duties separately according to the resolution of the members’ (member representatives’) congress and the provision of the constitution.

Article 19

The elected directors and supervisors of an upper level civil association are not limited to the representatives designated by lower level civil associations.
A person other than the directors and supervisors of a civil association may be designated by the association as a representative to attend an upper level civil association.

Article 20

The tenure of the directors and supervisors of a civil association may not exceed four (4) years, and they may be reappointed only if they are elected again upon expiration of the tenure unless otherwise prescribed by law or otherwise limited in the constitution. The chairperson of the board of directors may be reappointed only once.

Article 21

The directors and supervisors of civil associations all are positions of no pay.

Article 22

Where a director or supervisor of a civil association violates a law, the constitution, or a resolution of the members’ (member representatives’) congress, the case shall be handled in accordance with the related laws and the constitution; furthermore, the director may be recalled by the members’ (member representatives’) congress.

Article 23

A director or supervisor of a civil association who meets any of the following conditions shall be relieved from the position immediately, and the vacancy shall be filled by the alternate directors or alternate supervisors in order:
1. Deprived of membership (qualification of member representative).
2. Resigned due to certain reasons and approved by the board of directors or the board of supervisors.
3. Dismissed or removed.
4. Suspended from the rights for a term of longer than a half of the tenure.

Article 24

A civil association may, according to the provision of its constitution, employ staff to handle the affairs and business of the association.

Chapter 5 Meeting

Article 25

The members’ (member representatives’) congress of a civil association is divided into two types: periodical meetings and temporary meetings, and both shall be convened by the chairperson of the board of directors.

Article 26

To call a meeting of the members’ (member representatives’) congress, a civil association shall give notice to the members (member representatives) fifteen (15) days in advance. However, this is not applicable where a temporary meeting is called due to emergency and with the notice received only one day before the meeting is called.
The meeting referred to in the above paragraph shall be reported to the regulating authority, and the regulating authority may send personnel to attend the meeting as a non-voting delegate.

Article 27

A resolution of the members’ (member representatives’) congress of a civil association requires the attendance of more than one half of the members (member representatives) and the consent of more than one half or a bigger proportion of the attendees. However, the following matters may be resolved only with the consent of not less than two-thirds of the attendees:
1. Formulation and amendment of the constitution.
2. Dismissal of a member (member representative).
3. Recall of a director or supervisor.
4. Disposal of properties.
5. Disincorporation of the association.
6. Other important matters related to the rights and obligations of the members.

Article 28

Where a civil association has three hundred (300) or more members (member representatives), the organizational area may be subdivided to elect representatives according to the percentage of members (member representatives) and to call a representative’s congress to perform the duty of the member’s congress.

Article 29

The board of directors and the board of supervisors of a civil association shall hold a meeting every three (3) months, and may notify the alternate directors and alternate supervisors to attend the meeting as non-voting delegates.
A resolution of the meeting referred to in the above paragraph needs the attendance of more than one half of the directors or the supervisors and the consent of more than one half of the attendees.

Article 30

Where the convener of the board of directors or the board of supervisors of a civil association has not called the meeting of the board of supervisors or the board of supervisors without due reason for two times, the regulating authority shall relieve him from the position and elect or appoint a new convener.

Article 31

The directors or supervisors of a civil association shall personally attend the meetings of the board of directors or the board of supervisors, and may not entrust others to represent them. Absence without due reason for two (2) consecutive times will be regarded as resigning, and the vacancy will be filled by the alternate directors or alternate supervisors in sequence.

Article 32

Where a meeting of the members’ (member representatives’) congress or the board of directors of a civil association can not be called according to law, the regulating authority may designate one of the directors to convene the meeting; where a meeting of the board of supervisors cannot be called according to law, the regulating authority may designate one of the supervisors to convene the meeting.

Chapter 6 Funds

Article 33

The financial sources of civil associations are as follows:
1. Admission fee.
2. Perennial membership dues.
3. Funds for public undertakings.
4. Donations from the members.
5. Entrusted incomes.
6. Fund and its interests.
7. Other incomes.
The amount and payment method of the fees listed in Subparagraphs 1~4 of the above paragraph shall be approved by the member’s (member representative’s) congress, and shall be reported to the regulating authority for examination and approval prior to implementation.

Article 34

A civil association shall compile reports on budgeting and final accounting each year, submit it to the members’ (member representatives’) congress for approval, and report it to the regulating authority for examination and reference. However, a final accounting report shall be sent to the board of supervisors for auditing first, and then submitted along with the result of the auditing to the members’ (member representatives’) congress.

Chapter 7 Occupational Associations

Article 35

An occupational association refers to an association organized by the institutions and associations in the same trade or the jobholders of the same occupation with a view to associate the relationship between colleagues, enhance common benefits, and promote social economic construction.

Article 36

(Deleted)

Article 37

The members of a vocational association shall be those who are engaged in the corresponding occupation within the organizational area of the association.
An occupational association of a lower level shall be affiliated in the vocational association of the upper level as a member.

Article 38

Where a member (member representative) of an occupational association cannot attend a meeting of the members’ (member representatives’) congress, he may entrust in writing another member (member representative) to represent him. However, the number of the entrusted attendees may not exceed one-third of the attendees who attend the meeting by themselves.
Each member (member representative) may represent only one other.

Chapter 8 Social Associations

Article 39

A social association refers to an association composed of individuals and (or) associations for the purpose of promoting culture, academic research, medicine, health, religion, charity, sports, fellowship, social service, or other public welfare.

Article 40

(Deleted)

Article 41

The position title, election, and recall of the personnel of a social association may be otherwise prescribed in its constitution, but shall be approved by the regulating authority.

Article 42

Where a member (member representative) of a social association cannot attend a meeting of the members’ (member representatives’) congress, he may entrust in writing another member (member representative) to represent him; each member (member representative) may represent only one other.

Article 43

The board of directors and the board of supervisors of a social association shall hold a meeting at least every six (6) months.

Chapter 9 Political Associations

Article 44

A political association refers to an association organized by the citizens of the Republic of China with a view to help form political volition and to promote political participation for the citizens based on common ideas of democratic politics.

Article 45

A political association that meets any of the following is a party:
1. A national political association intending to recommend candidates to participate in the election of public officials establishes a party in accordance with the provision s of this Act and reports to the central regulating authority for approval and registration.
2. A national political association already registered with the purpose of recommending candidates to participate in the election of public officials.

Article 46

Where a party is established in accordance with the provision of Subparagraph 1 of the above article, the constitution of the party and a roll list of the principals shall be submitted within thirty (30) days after the establishment conference is called to the central regulating authority for registration and to receive a certificate and official seal.
The party referred to in Subparagraph 2 of the above article shall, before the day when a public announcement for election is issued, submit its constitution and a roll list of the principals to the central regulating authority to apply for registration.

Article 46-1

Where a party recorded in accordance with the provision of the above article meets any of the following provisions, it may be registered as a legal person at the court according to law after it is approved by the central regulating authority:
1. The party has been recorded for over one year.
2. The party has five (5) or more public officials elected by the public in central, municipal, and county (city) governments.
3. The party possesses not less than NT$10,000,000 of properties.
The registration of a party as a legal person and other matters referred to in the above paragraph shall be applied to the provisions set forth in the Civil Code on public welfare associations unless otherwise prescribed in this Act.

Article 47

The national administrative region shall be the organizational area of a party, and no regional party may be founded. However, branches may be established.

Article 48

A party established under Article 46 may recommend candidates to participate in election of public officials according to law.

Article 49

A political association shall be organized and operated according to the principle of democracy, and prescribe the positions, quota, tenure, election, and recall of personnel as well as meetings, funds, and other matters in its constitution.

Article 50

A party has the right to equally use public places and public-operated medias according to law.

Article 50-1

A party may not set up organizations in universities, the court, or the army.

Article 51

A political association may not accept donations from foreign associations, legal persons, individuals, or the associations or legal persons of which the majority of members are foreigners.

Article 52

The Ministry of the Interior shall set a Party Review Commission to review the punishment made on parties.
The Party Review Commission shall be composed of just persons, and the number of commissioners who come from the same party may not exceed one half of the total number; the organization of the Commission shall be prescribed by the Ministry of the Interior.

Chapter 10 Supervision and Punishment

Article 53

(Deleted)

Article 54

After a civil association is approved and registered, the alteration of its constitution, curriculum vitae of the employed personnel or list of the principals shall be reported to the regulating authority for examination and reference within 30 days.

Article 55

Where a civil association has not been established within six (6) months after the establishment is permitted, the permit shall be abolished. However, the term may be prolonged by up to three (3) months with the approval of the regulating authority.

Article 56

Where it is necessary to incorporate or divide civil associations due to adjustment of organizational area or other reasons, an application may be submitted to the regulating authority for approval of incorporation or division.
Where it is necessary to modify the administrative organization area or name of a civil association, a meeting record letter may be submitted to the regulating authority for inspection. The modified name of civil association should not be similar to that of a civil association already registered.
Tenure of office for a civil association resolved in the forgoing paragraph will obtain the resolution of member meeting or member representative meeting.

Article 57

The regulating authority may encourage civil associations of excellent performance, and the regulations on such encouragement shall be prescribed by the central regulating authority.

Article 58

Where a civil association violates a law or its constitution or encumbers public welfare, the regulating authority may warn it, cancel its resolution, or stop whole or a part of its business, and order it to improve within a specified time limit; in case improvement is not made within the time limit or in serious circumstances, the following punishments may be executed:
1. Recall of the personnel.
2. Setting a time limit for correction.
3. Abolishment of the permit.
4. Disincorporation.
The punishment of warning, cancellation of resolution, and stoppage of business referred to in the above paragraph also may be executed by the regulating authority of a target business. However, the punishment of cancellation of resolution or stoppage of business shall be executed based on negotiation with the regulating authority.
Punishment of parties shall be limited to warning, setting time limit for correction, and disincorporation. To get a party disincorporated, the regulating authority shall transfer the case along with related evidence to the Constitutional Courtroom composed of Grand Justices of the Judicial Yuan for judgment.
The transfer referred to in the above paragraph may be performed only provided that not less than two-thirds of the present commissioners of the Party Review Commission think that the party has breached the Constitution.

Article 59

A civil association shall be disincorporated in any of the following occasions:
1. The permit is abolished by the regulating authority.
2. Bankrupted.
3. Incorporated or divided.
4. Corrections are not finished within the specified time limit.
5. A resolution of disincorporation is approved in the members’ (member representatives’) congress.
The provision of Subparagraph 4 of the above paragraph is not applicable to disincorporation of parties.

Article 60

Where a civil association is established without applying for a permit or registration according to law, and it is not disincorporated within the time limit set forth by the regulating authority, a fine of not more than NT$60,000 shall be levied.
Where the permit of a civil association is abolished by the regulating authority and a time limit is set for disincorporation but it is not disincorporated before the time limit expires, the provision of the above paragraph shall apply.

Article 61

Where a civil association is established without applying for a permit or registration according to law and a time limit for disincorporation has been set by the regulating authority, but it is not disincorporated within the time limit and activities are still held in the name of the association despite the order of stoppage issued by the regulating authority, the principal plotter will be condemned to fixed-term imprisonment or penal servitude of up to two (2) years.
Where the permit of a civil association is abolished by the regulating authority and a time limit is set for disincorporation, but it is not disincorporated before the time limit expires and activities are still held in the name of the association, the principal plotter will be punished according to the provision of the above paragraph.

Article 62

Where donations are accepted that infringe on the provision of Article 51, perpetrators will be condemned to fixed-term imprisonment or penal servitude of up to two (2) years, or a sum of NT$60,000 will be fined.
The donation accepted by a person who commits the crime prescribed in the above paragraph shall be expropriated. In case the whole or a part of the donation cannot be expropriated, a sum equal to the price shall be replevied.

Article 63

Where a sum fined under this Act is not paid within the time limit after a notice has been given, the case will be transferred to the court for coercive execution.

Chapter 11 Supplementary Provisions

Article 64

(Deleted)

Article 65

(Deleted)

Article 66

Regulations on election and recall of elected personnel, personnel management, and disposal of financial affairs of civil associations shall be prescribed by the central regulating authority.

Article 67

This Act shall become effective as of the date of promulgation.
The articles of this law amended on 12th May of 2009 of the Republic of China take effect on 23rd November of 2009.