Laws Information

法規資訊
Title: Commercial Group Act
Am Date: 2015-02-04
Legislative History: Articles 7, 9, 10, 12, 14, 20, 28, 33, 35, 42, 45, 53, 61, and 63 were amended and promulgated on February 4, 2015 by President Order Hua-Tsung(1)-Yi-Tzu No. 10400014241.

Transaction

Amended

Article 64
Commercial groups punish their members that don’t pay membership dues in accordance with the articles as per the following procedures:
1. Persuasion for those that suspend to pay membership dues for three months.
2. Warning for those that suspend to pay membership dues for six months and pay no response after persuasion.
3. Membership suspension for those that suspend to pay membership dues for nine months and pay no response after persuasion and warning; these members cannot attend all meetings of commercial group and cannot enjoy all rights of members of commercial groups, the member representatives of these members who have be elected directors or supervisors are to be dismissed immediately.

Article 63
Commercial groups should inform (in written form) the corporations and firms that don’t join in the groups in accordance with the act and demand them to join in the relevant commercial groups within a time limit; they report those that still don’t join in the relevant commercial groups within the time limit to competent authorities and request them to join in the relevant groups within three months, those that still don’t join in the relevant commercial groups within the three months are to be fined NT$1,500 to NT$10,000
Commercial groups report groups that don’t join in the relevant commercial groups to competent authorities and the competent authorities inform the groups to join in the relevant commercial groups within a time limit, those that still don’t join in the relevant groups three months after the time limit are to be punished according to prescriptions of Article 67.

Article 61
The directors and supervisors of commercial associations of all levels are to be elected from among the attending representatives in general meetings, councils and boards of supervisors are to be organized, the number of directors and supervisors is stipulated as follows:
1. A county (city) commercial association should have no more than 27 directors.
2. A provincial (municipal) commercial association should have no more than 33 directors.
3. The General Chamber of Commerce of the R.O.C. should have no more than 51 directors.
4. The number of directors should not exceed half of the number of the whole representatives.
5. The number of supervisors should not exceed one third of the number of the directors.
6. Backup directors and supervisors should not exceed one third of the number of directors and supervisors respectively.
Standing directors and supervisors are to be elected when there are more than three directors or supervisors respectively in commercial group, the number of standing directors or standing supervisors should not exceed one third of the number of directors or supervisors respectively; a head of directors is to be elected from among the standing directors(the head of directors is to be elected from among the directors if no standing directors are available), a convener of the board of supervisors is to be elected from the standing supervisors when standing supervisors exceed three persons.

Article 53
The directors and supervisors of trade councils of export trade in special zones and national leagues of trade councils of export trade are elected from among the member representatives in general meetings; councils and board of supervisors are to be established, the number of directors and supervisors is as follows:
1. A trade council of export trade in a special zone should have no more than 33 directors.
2. A national league of trade councils of export trade should have no more than 39 directors.
3. The number of directors should not exceed half of the number of the member representatives.
4. The number of supervisors should not exceed one third of the number of directors.
5. Backup directors and supervisors should not exceed one third of the number of directors and supervisors respectively.
Standing directors and supervisors are to be elected when there are more than three directors or supervisors respectively in commercial group, the number of standing directors or standing supervisors should not exceed one third of the number of directors or supervisors respectively; a head of directors is to be elected from among the standing directors(the head of directors is to be elected from among the directors if no standing directors are available), a convener of the board of supervisors is to be elected from the standing supervisors when standing supervisors exceed three persons.

Article 45
The directors and supervisors of commercial trade councils of all levels are to be elected from the attending representatives in general meeting ; a council and a board of supervisors are to be established, the regulations of number of directors and supervisors are as follows:
1. A provincial league of commercial trade councils should have no more than twenty-seven directors.
2. A national league of commercial trade councils should have no more than 33 directors.
3. The number of directors should not exceed half of the number of the whole member representatives.
4. The number of supervisors should not exceed one third that of the directors.
5. The number of backup directors and backup supervisors should not exceed one third of that of the directors and supervisors respectively.
When there are more than three directors and supervisors respectively, standing directors and standing supervisors should be elected from among them; the number of standing directors and supervisors should not exceed one third of the number of the directors and supervisors respectively; a head of director is to be elected from among the standing directors (the head of directors is to be elected from among directors if no standing directors are available), a standing supervisor is to be elected the convener of the board of supervisors when there are more than three standing supervisors.

Article 42
A national commercial trade council shall be established with approval from Central competent authorities when there are more than three provincial commercial trade councils and commercial trade councils of municipality directly under central government.
A national league of the commercial trade councils should be established with approval from central competent authorities altogether with central purpose enterprise competent authorities when there are only less than seven provincial commercial trade councils and commercial trade councils of municipality directly under central government.
County (city) commercial trade councils whose provincial league of commercial trade councils has dissolved or who do not belong to a provincial league of commercial trade councils may join the national commercial trade council and become a member.

Article 35
The total operating cost, the amount of each share, and the number of shares to be borne by each member shall be determined in accordance with decisions made in the general meeting; the same applies in the event of adjustments to these amounts.

Article 33
The income of fund of commercial trade council includes the following:
1. Admission fee paid by members when joining the commercial trade council, which is stipulated in the articles.
2. Perennial membership dues in proportion to the members’ level of principal amount with reference to their turnover; the criteria of levels and membership dues are stipulated in articles of commercial trade council. When members purchase chambers, acquire equipment or hold exhibitions, they should accordingly pay extra membership dues upon resolution of the general members’ meeting.
3. Operating fee raised in accordance with decisions made in general meeting.
4. Entrusted income.
5. The fund and the interest thereof.

Article 28
General meeting should be announced 15 days ahead of time (temporary meetings are not subject to this limit when they can be conveyed punctually).
The competent authorities should send personnel to attend the aforementioned meetings as non-voting delegates.

Article 20
Commercial trade council should have directors and supervisors who are to be elected in general meetings from among member representatives and a council and a board of supervisors are to be established; the number of directors and supervisors are subject to the following rules:
1. The directors of a county or city commercial trade council should not exceed 21 persons.
2. The directors of a commercial trade council in a municipality directly under the central government should not exceed 33 persons.
3. The directors of a national commercial trade council should not exceed 39 persons.
4. The number of directors should not exceed half of the number of member representatives.
5. The number of supervisors should not exceed one third of the number of directors.
6. The number of backup directors and supervisors should exceed one third of the number of the directors and supervisors respectively.
If the number of directors or supervisors of each commercial trade council is more than three, standing directors and standing supervisors are to be elected from them, but the number should not exceed one third of the number of directors and supervisors respectively, a head of directors is to be elected from the standing directors (when there is no standing director, the head of directors is to be elected from the directors); when standing supervisors exceed three persons, a convener of the board of supervisors is to be elected from the standing supervisors.

Article 14
Commercial corporations or firms should withdraw from commercial trade councils when they stopped business, move out of the ruling area of the commercial trade councils, or subject to the penalty of permanent suspension.

Article 12
All licensed publicly owned or nongovernmental corporations or firms established in accordance with the Company Act or Business Registration Act should join the local commercial trade councils and become members within one month following the establishment; multi-occupation corporations or firms should join at least one of the commercial trade councils and become members, unless otherwise stipulated by law.
The above-mentioned members should send member representatives to attend the meetings of commercial trade councils.

Article 10
The establishment and organization of commercial trade council should be reported to competent authorities for approval. The competent authorities shall send personnel to attend the preparatory and establishment meetings as non-voting delegates; and a commercial trade council should submit the articles, scroll of its members and resumes of working staff to the competent authorities for future reference. The competent authorities shall inform the competent authority in charge of the relevant business.

Article 9
A district can have only one commercial trade council of the same trade. Exception is given to those that have been established before the adjustment of administrative districts.

Article 7
The locale of meeting of commercial group should be in the locale of the competent authorities, exceptions approved by the competent authorities are allowed; commercial group should establish offices upon resolution of the general members’ meeting.