Enforcement rules concerning the implementation of industrial group act.

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050104

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Chapter Ⅰ General Principles

Article 1

These enforcement rules are enacted in accordance with Article 69 of industrial group act (hereinafter referred to as the act)

Article 2

The guidance and supervision of purpose enterprise competent authorities on industrial groups mentioned in Article 5 of the act should be carried out according to the supervisory scope together with the relevant competent authorities of industrial groups.

Article 3

The offices of industrial groups mentioned in Paragraph 2, Article 6 of the act should be established after decisions made at general meetings and final approvals of the relevant competent authorities.

Chapter Ⅱ Industrial board of trade

Section One: Establishment

Article 4

Regarding factories with both industrial and commercial business licenses, if they set up sales department or sales offices outside of factories, they should affiliate to both industrial board of trade and commercial trade council .

Article 5

Factories conforming to industrial group’s standards of multi-occupation should organize each relevant industrial boards of trade according to Article 7 of the act if they have not organized the relevant industrial boards of trade.

Article 6

In organizing the industrial board of trade in accordance with Article 11 of the act, the factories should submit requisition together with the scroll of initiators and copies of registered business licenses for check and approval of competent authorities; upon approval of competent authorities, initiators convene initiating meetings and elect staff of preparatory committee to organize preparatory meetings and go through procedures and matters concerned.
Initiators should elect one person as a convener.
The preparatory committee should be dissolved after the inaugural meeting and directors & supervisors have been elected.

Article 7

The tasks of preparatory committee are as follows:
A. Investigate the detailed situations of certain industry within its ruling area.
B. Enact enrollment procedures for applicants and publicly absorb members.
C. Draw out the draft of articles for industrial board of trade.
D. Censor the qualification of members and member representatives and compile scroll of members or member representatives..
E. Draw out annual work plan and decide annual budget for industrial board of trade.
F. Draw out overtures for discussion in inaugural meeting.
G. Raise and prepay money for establishing industrial board of trade, and report the money in inaugural meeting for retroactive admission.
H. Decide the date and locale of inaugural meeting.
I. Elect and appoint the chairman or members of the presidium of inaugural meeting.
The content and example prescriptions of Subparagraph C in Article 7 is as stipulated in supplementary provisions.
The execution of the tasks mentioned in Subparagraph from C to F of Article 7 should be submitted to competent authorities before the inaugural meeting.
The preparatory committee should finish all the preparatory work within 3 months since the day of its existence, and one more month may be allowed with application to and approval from competent authorities under special circumstances.

Article 8

Within 15 days after establishment, industrial board of trade should submit its articles along with the scroll of its members and member representatives, resumes of its staff in two folds to competent authorities for files, one copy to purpose enterprise competent authorities and another copy to upper organizing group respectively for future reference and check, the competent authorities should then submit one copy to upper competent authorities for future reference.
The competent authorities should issue registration certificate and seal to the approved industrial board of trade established in accordance with the above-mentioned procedures.

Article 9

After the establishment of industrial board of trade, it should be dissolved immediately if its factory members decrease to less than five.

Section Two: Members

Article 10

The multi-occupation factory mentioned in Article 13 of the act refers to factory that produces more than two kinds of products that belong to different trades or industries.

Article 11

In joining the industrial board of trade, a factory should first fill in an application form and submit it along with its registration license in two folds to the relevant industrial board of trade, then the council shall check the submitted materials; after approval of the council, the industrial board of trade should make a scroll of member and member representatives and submit it along with the copies of application form and registration license to competent authorities for check and reference.

Article 12

After issuing the registered business licenses to factories, the purpose enterprise competent authorities should monthly submit the scroll of registered factories to National league of Industries, general of R.O.C so that it may inform the relevant groups to promote the registered factories to join in the relevant industrial boards of trade.

Article 13

Industrial board of trade should issue membership certificates to its member factories, containing the names of member factories and principals, enrollment date, addresses of factories and issuing date of membership certificates; issue representative certificates to member representatives, containing the member representative’s name, date of birth, native place, gender, enrollment date, place of work, title, household’s address, corresponding address, I.D number with a mug shot of two inches sticking on the certificate.

Article 14

Industrial board of trade should inform its member factories of the calling of general meeting one month beforehand, so that member factories may declare whether they will continue to appoint the former representatives or appoint new representatives twenty days before the general meeting, those who don’t declare in time automatically abandon the right of appointing former and new representatives. Both the information and declaration should be made in written form.

Article 15

When appointing former and/or new member representatives, factories should inform industrial board of trade in written form.

Article 16

In addition to registration under circumstances of particular changes, industrial board of trade should make a member factory registration book and a member representative registration book respectively, and it should check the registration books one month before the calling of general meeting every year so that it may revise the registration books accordingly; industrial board of trade should make a scroll of member factories and a scroll of member representative respectively and send them to competent authorities for check and reference 15 days before the calling of general meeting.

Section Three: Staff

Article 17

In accordance with the prescriptions in Article 20 of the act, industrial board of trade stipulates the number of directors in articles, following the principle that the number of directors does not exceed half of that of member representatives.

Article 18

The number of directors of industrial board of trade should be multiple of three and odd number, moreover, the number of directors should not be less than nine.

Article 19

When the number of standing supervisors of industrial board of trade is more than 3, a convener of board of supervisors should be elected from among the standing supervisors.

Article 20

The reappointment of directors and supervisors mentioned in Article 23 of the act means that the number of reappointed directors and supervisors should not exceed half of the total number of directors and supervisors minus one stipulated in rules of industrial board of trade, and the reappointments are to be decided by means of votes.

Article 21

The serving term of directors and supervisors is calculated from the day of the first meeting of council. The meeting of council should be convened within 15 days after the closing of general meeting, no extension of date is allowed without approval from competent authorities.

Article 22

Within ten days after assuming office of directors and supervisors, industrial board of trade should submit resumes of its directors, supervisors, standing directors, standing supervisors, head of directors and secretary- general, containing names, age, genders, places of work, positions, household’s addresses, corresponding addresses in two folds to competent authorities for check and reference, one copy to purpose enterprise competent authorities and another copy to upper organizing group for future reference, the competent authorities then should submit one copy to upper competent authorities for future reference.

Article 23

The vacancy or absence of directors and supervisors are to be filled by backup directors and supervisors within one month. When no backup directors and supervisors are available and the number of directors and supervisors exceed two thirds of the stipulated number in articles, no by-election is necessary.

Article 24

In employing and dismissing working staff, industrial board of trade should report those approved in accordance with Article 26 of the act to competent authorities for check and final approval within 10 days.
The number, positions, treatment and service rules of the above-mentioned working staff should be stipulated and approved by council of industrial board of trade and reported to competent authorities for check and final approval before implementation.

Article 25

Directors and supervisors of industrial board of trade should not act as meeting staff of industrial board of trade.

Section Four: Meeting

Article 26

When convening meetings in accordance with the act, industrial board of trade should report meetings to competent authorities and purpose enterprise competent authorities and ask for personnel to guide their work.

Article 27

The council decides the division of districts and number of member representatives to be elected in each district in case of preliminary meeting in accordance with Article 30 of the act, it should report its decision to competent authorities for approval before implementation.

Article 28

When the head of directors or convener of board of supervisors, without reasons, more than two times don’t convene meetings of council or meetings of board of supervisors in accordance with Article 31 of the act, they are to be dismissed, and new head of directors or convener of board of supervisors are to be appointed or elected.

Article 29

Directors and supervisors of industrial board of trade should attend meetings of council and board of supervisors in person, no substitute by others is allowed, two consecutive leaves are considered to be one absence (except for leave of absence to attend to public affairs), those absent from two consecutive meetings are considered to have resigned, and the vacancies are to be filled by backup directors and supervisors.

Article 30

Industrial board of trade should issue notification of general meeting, meeting of council and meeting of board of supervisors and report the calling of meeting along with the agenda to competent authorities and purpose enterprise competent authorities for guidance and ask for personnel to supervise election; industrial board of trade should send the minutes of meetings to each member and submit the minutes of meetings to competent authorities and purpose enterprise competent authorities within seven days.
Decisions in minutes of meeting are to be checked and approved by competent authorities and purpose enterprise competent authorities. The result or opinions of decisions that should be dealt with as special case should be announced at next meeting.

Article 31

The head of directors and the convener of board of supervisors should convene meetings of standing directors and standing supervisors respectively and they are the chairmen respectively, the decisions made in meetings of standing directors or standing supervisors are not valid before being adopted at meetings of council or board of supervisors.
In case the head of directors or the convener of board of supervisors cannot attend the meetings mentioned in Article 31 for some reasons, a standing director or a standing supervisor attending the meeting should be appointed or elected as the chairman.

Article 32

When the meeting affairs and operation of industrial board of trade concern the authorities of directors and supervisors, it should be conferred in meeting attended by both more than half of the directors and supervisors respectively, the decisions shall take effect only when approved by more than half of the directors and more than half of supervisors attending the meeting.

Article 33

The head of directors assumes the position of the chairman of general meeting of Industrial board of trade or three to five of standing directors and supervisors are to be elected to form a presidium and assume the position of chairman in turn.

Article 34

The number of member representatives of general meeting of industrial board of trade is to be calculated according to the number of member representatives exclusive of those in punishment of authorities suspension.

Section Five: Fund

Article 35

The fund and accumulated interest of industrial board of trade should be put in bank in a separate account and the fund can not be spent without approval of the council and approval from competent authorities.

Article 36

The fund mentioned in Article 34 and Article 35 of the act means perennial membership dues.

Article 37

Factory joining in more than two industrial boards of trades should calculate by itself and pay its perennial membership dues after reporting it to the relevant industrial boards of trade and being approved by the council in accordance with Article 34 and Article 35 and the criteria of relevant industrial board of trade.

Article 38

The personnel in charge of the liquidation mentioned in Article 40 and Article 41 of the act are subject to relevant civil acts in executing the work of liquidation.

Section Six: National leagues of industrial boards of trade

Article 39

The national league of industrial boards of trade should be approved and organized in accordance with Article 42 of the act after the initiators submit requisition, scroll of initiators and the copy of registration certificate to competent authorities for final approval.

Article 40

The perennial membership dues paid to the national leagues of industrial boards of trade stipulated in Article 43 of the act should be incorporated into annual budget by its affiliated group members and calculated according to the amount of annual budget.
Each group member of the national leagues of industrial boards of trade should report its annual budget to competent authorities for check and approval and then report the annual budget to national leagues of industrial boards of trade for file and future reference.

Article 41

National leagues of industrial boards of trade should report the amount, purpose, income and expenses status to competent authorities for future reference when collecting operating expenses according to Article 44 of the act.

Article 42

In addition to articles in this section, relevant prescriptions in other sections of this chapter also apply to national leagues of industrial boards of trade.

Chapter Ⅲ Industrial Association

Article 43

Industrial associations established in accordance with Article 50 of the act in municipality directly under central government should comprise of at lease five industrial boards of trade or licensed factories that cannot join in a industrial board of trade.

Article 44

Provincial or city industrial associations or National Federation of Industries are to be organized and established in accordance with Article 50, Article 51 and Article 54 after the initiators submit requisition along with scroll of initiators, copies of group registration certificate or business licenses of factories to competent authorities for approval.

Article 45

The perennial membership dues paid by group members mentioned in the first paragraph, first subparagraph of Article 55 of the act are subject to Article 40 of those enforcement rules.

Article 46

In addition to articles in this chapter, the relevant prescriptions in articles of chapter two also apply to industrial associations.

Chapter Ⅳ Supervision

Article 47

Punishment in accordance with Article 60 of the act should be informed in written form by return receipt mail.

Article 48

According to Article 60 of the act, if the member representatives of group members that are in punishment of membership suspension have been elected directors or supervisors, they are to be dismmissed immediately since the day of membership suspension, and the vacancies are to be filled by backup directors or supervisors.

Article 49

If the competent authorities decides punishment concerning affairs of purpose enterprise in accordance with Article 63, it should first get agreement from the relevant purpose enterprise competent authorities; and the purpose enterprise competent authorities should carry out punishment subject to relevant articles of the purpose enterprise in accordance with subparagraph D of article 63 with approval from competent authorities.

Chapter Ⅴ Supplementary Provisions

Article 50

Prescriptions of those enforcement rules apply to mining groups.

Article 51

The by-election of insufficient directors and supervisors mentioned in Article 66 of the act are subject to rules by Ministry of the Interior.

Article 52

The recall of election, financial treatment and the supervision of meeting affair staff of industrial groups are subject to the rules of recall of mass group selection, financial treatment act and the act of meeting affair staff supervision of industrial and commercial groups in addition to the act and these enforcement rules.

Article 53

Councils of industrial groups established before the implementation of the rules should revise the rules in accordance with the prescription of the act and those enforcement rules, should revise the rules of the industrial groups at general meetings report revised rules to competent authorities for check and reference.

Article 54

The office term of directors and supervisors of industrial groups established before the implementation of the rules should be recalculated when reshuffling in accordance with Article 68, the office term before reshuffle should not be calculated

Article 55

These enforcement rules take effect as of the date of promulgation.