Implementation Regulations for Supervising Civil Organizations at All Levels

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050092

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Article 1


This Regulations is formulated in order to supervise civil organizations at all levels to perfect organization and exert function.


Article 2


For the purpose of this Regulations, the civil organization means the professional group and social group established pursuant to law.


Article 3


The number of director and supervisor in civil organization shall be of quota in odd number.


Article 4


The civil organization shall establish member (member representative) membership information and carry out change registration at any time, and Board of Directors shall examine and approve member (member representative) qualification fifteen days before convening member (member representative) meeting, and prepare a list to report to the competent authority for future reference.


Article 5


Fifteen days before convening member (member representative) meeting, or seven days before convening meeting of Board of Directors, meeting of Board of Supervisors or joint meeting of Board of Directors and Board of Supervisors, civil organization shall inform the present members on the type, time, location and agenda of the meeting and report to the competent authority and industry competent authority for future reference. Except for convening interim meeting due to emergency incident, notice shall be served to present members one day before the meeting.
Meeting minutes of member (member representative) meeting shall specify the number of person presented, absent and asked for leave, and report to the competent authority and industry competent authority for future reference within thirty days after the meeting.
Where the resolution of member (member representative) meeting, meeting of Board of Directors, meeting of Board of Supervisors or joint meeting of Board of Directors and Board of Supervisors shall be reported to the competent authority or industry competent authority for approval, the meeting minutes thereof shall be attached for special handling respectively, and the handling situation shall be put forward in the next meeting.
When civil organization is convening member (member representative) meeting, meeting of Board of Directors, meeting of Board of Supervisors or joint meeting of Board of Directors and Board of Supervisors, competent authority and industry competent authority may assign personnel to attend such meeting.


Article 6


If the director or supervisor of civil organization thinks it is necessary and with joint signature of more than half of the directors or supervisors, director or supervisor may ask Director General or convenor (Managing Supervisor) of Board of Supervisors to convene interim meeting of Board of Directors or meeting of Board of Supervisors through sending letter. If Director General or convenor (Managing Supervisor) of Board of Supervisors fails to convene the meeting for no reason, the cosigner may ask the competent authority to designate one director or supervisor to convene the meeting.


Article 7


Meeting of Board of Directors and meeting of Board of Supervisors of civil organization shall be convened respectively, when necessary, joint meeting of Board of Directors and Board of Supervisors may be convened.
The joint meeting mentioned above shall be attended by more than half of the directors and supervisors respectively before convening the meeting. The resolution thereof shall be approved by more than half or majority of the attending directors and supervisors.


Article 8


The calculation of number of persons attending all kinds of meetings of civil organization shall be subject to the number of persons signed in or reported. However, when the attendee proposes to check the number of presenting persons, the number of presenting persons shall be checked, and the checking result thereof shall prevail.
The preceding proposal does not require supporting proposal. But the original proposer may withdraw the proposal before the announcement of checking result.


Article 9


When civil organization is convening meeting of Board of Directors, convenor (Managing Supervisor) of Board of Supervisors shall attend, when convening meeting of Board of Supervisors, Director General shall attend.


Article 10


The revenue and expenditure and work execution situation of civil organization shall be proposed for deliberation in every meeting of Board of Directors, and Board of Directors shall submit it to Board of Supervisors for supervision, if any inappropriate circumstance is found in supervision, Board of Supervisors shall propose correction opinion and submit it to Board of Directors for handling, if Board of Directors fails to do so, Board of Supervisors may propose it to member (member representative) meeting for deliberation.


Article 11


Before reelection of director and supervisor for every session, civil organization shall prepare a detailed list of information, in triplicate, including registration certificate, seal, unfinished case, archives, financial affairs and personnel etc., after the selection of new Director General, civil organization shall hand over a copy of such list together with registration certificate and seal to the new Director General and supervisor thereon, and the new Director General shall complete the takeover together with supervisor within fifteen days. If the hand over fails to be completed in due time, apart from handling pursuant to law, civil organization may report to the competent authority to cancel or revoke the seal and registration certificate issued originally for reissue.
The preceding supervisor shall be assigned by the new convenor (Managing Supervisor) of Board of Supervisors or the new supervisor.


Article 12


When establishing branch pursuant to law, civil organization shall prepare articles of association specifying establishment basis, composition, task, source of funds etc. pursuant to provisions of regulation, and propose it to Board of Directors to approval, and such articles of association will be implemented after approved by competent authority.


Article 13


In order to understand the situation of handling business or activity of civil organization, competent authority and industry competent authority may inform such organization to propose the implementation plan, execution situation and financial statement of such business or activity.


Article 14


Where the business or activity handled by civil organization involves in charging or open enrollment, teaching, ticketing, donation, charity sale or other similar circumstances, civil organization shall propose it to the concerned industry competent authority for registration or approval pursuant to relevant laws and decrees before handling. The financial revenue and expenditure thereof shall be disclosed for credit report.


Article 15


If the number of members of civil organization within the same administrative region is qualified for establishing hierarchical organization pursuant to law, civil organization may stipulate the establishment of hierarchical organization in the regulation.
For the establishment of preceding hierarchical organization, each civil organization shall issue letter of consent.


Article 16


Where civil organization sets hierarchical organization, the superior organization shall specify the name of hierarchical organization, quota of representative designated by inferior organization, rights and obligations relationship between the superior and inferior organization and other relevant matters in the regulation.


Article 17


Upon the merger or division of civil organization, regulations shall be agreed on the undertaking or transfer of relevant personnel, property and other rights and obligations matters and approved by member (member representative) meeting, and such regulations shall be implemented after approved by competent authority.


Article 18


Provided civil organization has any one of the following circumstances, competent authority may inform it for reelection, by-election or change recommendation within a time limit:
1. Expiration of the term of office of director or supervisor but without reelection.
2. The number of persons of director or supervisor is less than two third of the quota stipulated in the regulation, but by-election has not be conducted to meet the quota.
3. After the Director General or convenor (Managing Supervisor) of Board of Supervisors has been relieved from the post by competent authority pursuant to law, reelection or change recommendation has not been conducted otherwise.


Article 19


Provided civil organization has any one of the following circumstances, competent authority may set time limit for correction:
1. Fails to convene member (member representative) meeting, meeting of Board of Directors, meeting of Board of Supervisors pursuant to the regulation within the year, or such meeting has been convened but fails finally.
2. Fails to complete reelection, by-election or change recommendation in due time after informed by competent authority.
3. The competent authority designates personnel to convene the meeting pursuant to law but still fails finally.


Article 20


When competent authority has set time limit for correction, civil organization shall immediately form a correction group together with all directors and supervisors, and mutually recommend one person as the convenor to complete correction work within the time limit.
When the members of the preceding correction group are less than five persons, the correction group shall select appropriate personnel from the member (member representative) for supplement. Provided the total members of correction group shall not exceed the sum of director and supervisor quota stipulated in the regulation.
After having form the correction group pursuant to preceding Paragraph 2, civil organization shall report to competent authority for future reference within thirty days.


Article 20-1


If correction group really has difficulty in handling correction work, before the expiration of time limit for correction, it may explain the reason and apply to competent authority for extension of time limit for no more than three months, and such extension is limited to one time only.


Article 20-2


The correction group shall handle correction work through convening a meeting, and the meeting resolution shall be approved by more than two third of the attending members in the meeting attended by more than two third of the members of correction group.
The preceding meeting shall be convened by the convenor of correction group.
Members of correction group shall personally attend the meeting of correction group and shall not appoint other person as the agent.


Article 20-3


Member of correction group shall be dismissed provided having any one of the following circumstances, and personnel shall be selected for replacement pursuant to Paragraph 2 of Article 20.
1. Vacancy.
2. Absent for two consecutive times for no reason.
3. Cannot perform duty.
The above circumstances shall be reported to competent authority for future reference within thirty days after dismissal or replacement.


Article 20-4


The member of correction group is a position without remuneration. However, when member of correction group is attending the meeting, civil organization may discretionarily issue attendance fee according to its financial condition and referring to the standards stipulated by government agency, or issue traveling expenses according to the transportation ticket provided.


Article 21


Tasks of correction group are as follows:
1. Take over registration certificate, seal, personnel, archives and financial books, prepare detailed list and hand over to the next Board of Directors.
2. Check the membership of existing member (member representative).
3. Convene member (member representative) meeting and elect director and supervisor.
4. Handle the following matters:
Service matters entrusted by the government.
Service matters due to be provided to member (member representative).
During the time limit for correction, in order to execute the preceding tasks, the convenor of correction group shall be the representative of civil organization.
Within ten days after the new Director General has been elected, the correction group shall be dismissed after the convenor of correction group has completed the hand over and take over.
When the correction group cannot take over registration certificate and seal pursuant to the provision of Subparagraph 1, Paragraph 1, the provision of Article 11 shall apply, and civil organization may report to the competent authority to cancel or revoke the seal and registration certificate issued originally for reissue.


Article 21-1


The session of director and supervisor elected by civil organization through the procedure of setting time limit for correction shall be deemed as the new session.


Article 22


For the liquidation procedure in dissolution of civil organization, if legal person registration has been conducted, unless otherwise prescribed by law, it shall be handled pursuant to the provision of Civil Act; if legal person registration has not been conducted, it shall be handled pursuant to the regulation of resolution of member (member representative) meeting; if the regulation has not prescribed or the member (member representative) meeting cannot be convened, competent authority may elect and assign liquidator for handling pursuant to liquidation provisions in Civil Act.


Article 23


The appraisal and assessment of civil organization shall be handled by competent authority; if industry is involved, it shall be handled together with the industry competent authority.


Article 24


This Regulations shall take effect from the date of promulgation.