Laws Information

法規資訊
Title: Regulations Governing The Recognition Of An Impartial Third Party And Its Public Auction Procedure
Am Date: 2016-04-21
Legislative History: Article 1、6、24 amended on April 21, 2016

Transaction

Amended

Article 1
Regulations Governing the Recognition of an Impartial Third Party and its Public Auction Procedure (hereinafter called "the Regulations") have been made in accordance with Article 11, Paragraph 3 of the Financial Institutions Merger Act (hereinafter called "the Act").

Article 6
A recognized impartial third party should only conduct those businesses listed below:
1. Pursuant to Article 11, Paragraph2 of the Act, it will be entrusted by financial institutions or transferees of financial institution’s non-performing loan to handle the public auction of real estate which serve as collateral to financial institutions;
2. Pursuant to Article 11, Paragraph 4 of the Act, it will be entrusted and supervised by the court to handle compulsory execution cases as applied by financial institutions or transferees of financial institution’s non-performing loan;
3. The appraisal of monetary assets of financial institutions;
4. Other businesses as may be approved by the governing body.

Article 24
An impartial third party should advise the mortgagor, debtor, andcreditor the result of the bidding by indicating the following:
1. The winning price;
2. The land appreciation tax to be paid;
3. The auction expenses and the expenses in obtaining the executive title (calculated based on the lawsuit expense certificate issued by the court) to be paid;
4. The amount of money to be paid as calculated based on the principal, interest, and default charge shown in the executive title;
5. The amount to be paid to the mortgagee. The mortgagor, debtor, or creditor may express his (or her) opinion regarding Paragraph 1, Subparagraphs 4 and 5 mentioned above within seven days after being advised thereof. In case a disagreement is expressed, the impartial third party should make recalculations based on the views and proof received. If these views and proof are considered valid, the amount should be recalculated accordingly. However, if they are considered invalid, the amounts would be final. The one who had expressed the disagreement would be duly advised.
If there is no disagreement, the impartial third party should distribute the money in accordance with the order set out in Paragraph 1, Subparagraphs 2 to 4 mentioned above, so as to clear the mortgage of the creditor. Any residual should be returned to the mortgagor.