Civil Associations Act

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Civil Associations Act (Republic of China)  (2002) 
Government of the Republic of China, translator not mentioned
Source: http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=1261&msgType=en (November 2002 version)

Chapter 1  General Provisions[edit]

Article 1 (Application of this Act)

 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 (Limitation of organization and activities)

 Organization and activities of civil associations may not advocate communist or claim abruption of the country.

Article 3 (Regulating authority)

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

Article 4 (Category)

 Civil associations are divided into the following three categories:

  1. Occupational association.
  2. Social association.
  3. Political association.
Article 5 (Organizational area and subordinate organization)

 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 at the local regulating authority in accordance with the provisions of this Act.

Article 6 (Site and branch)

 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 associations in a same area)

 Two or more civil associations of the same level and the same category may be organized in a same organization area unless otherwise limited by law. But their names shall be different from other.

Chapter 2  Establishment[edit]

Article 8 (Procedure of application for establishment and Qualification of initiators)

 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 not less than thirty (30) initiators, and a person who is over twenty (20) years old and other than 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 doesn't 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 is prohibited from operating properties, and the prohibition has not been abolished yet.

The format of the application form referred to in the first paragraph shall be prescribed by the central regulating authority.

Article 9 (Preparation Committee and Establishment Conference)

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 nonvoting delegates.

Article 10 (Report for approval and accreditation)

 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 (Registration as legal person)

 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 (Contents of Constitution)

 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 the members.
  8. Rights and obligations of the members.
  9. Quota, authority, tenure, appointment, and recall of member representatives, directors, and supervisors.
  10. Meeting.
  11. Funds and accounting.
  12. Procedure of modifying the constitution.
  13. Other matters that should be described according to law.

Chapter 3  Members[edit]

Article 13 (Member representative)

 A member representative of a civil association refers to a representative chosen by the member organizations 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 (Dismissal of member)

 Where a member (member representative) of a civil association who violates law or the constitution of the association, or doesn't follow a resolution of the member's (member representative's) congress, thus causing serious damage to the association, he may be dismissed with the resolution of the member's (member representative's) congress.

Article 15 (Disaffiliation of member)

 In any of the following occasions, a member of a civil association shall be disaffiliated:

  1. Death.
  2. Deprived of the membership.
  3. Dismissed by a resolution of the member's (member representative's) congress.
Article 16 (Rights of members)

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

Chapter 4  Personnel[edit]

Article 17 (Election and quota of directors and supervisors)

 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 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 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; and 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 (Duty of the board of directors and the board of supervisors)

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

Article 19 (Designation of directors and supervisors)

 The elected directors and supervisors of a civil association of upper level are not limited to the representatives designated by the civil associations of lower level.

 A person other than the directors and supervisors of a civil association may be designated by the association as a representative to attend a civil association of upper level.

Article 20 (Tenure of directors and supervisors)

 The tenure of the directors and supervisors of a civil association may not exceed four (4) years, and they may be reappointed 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 (Directors and supervisors are no-pay positions)

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

Article 22 (Recall of directors and supervisors)

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

Article 23 (Relief of directors and supervisors)

 A director or supervisor of a civil association who meets any of the following 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. Resign due to certain reason and approved by the board of directors or the board of supervisors.
  3. Suspended from the rights for a term of longer than a half of the tenure.
Article 24 (Staffing)

 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[edit]

Article 25 (Type and meeting of the member's congress)

 The member's (member representative's) congress of a civil association is divided into two types: periodical meeting and temporary meeting, and both shall be convened by the chairperson of the board of directors.

 Periodical meeting shall be held once every year; a temporary meeting shall be called where it is deemed as necessary by the board of directors, or at the request of not less than one-fifth of the members (member representatives), or required by the board of supervisors.

Article 26 (Notice of the member's congress)

 To call a meeting of the member's (member representative's) congress, a civil association shall give a notice to the members (member representatives) fifteen (15) days before. 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 the above paragraph shall be reported to the regulating authority, and the regulating authority may send personnel to attend the meeting as nonvoting delegate.

Article 27 (Resolution of the member's congress)

 A resolution of the member's (member representative's) 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 (To subdivide the organizational area for calling the member's congress)

 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.

 The subdivision of organizational area and the distribution of the quota of representatives referred to in the above paragraph shall be reported to the regulating authority for examination and reference.

Article 29 (Meeting and resolution of the board of directors or supervisors)

 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 nonvoting 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 or a bigger proportion of the attendees.

Article 30 (Relief the convener of the board of directors or the board of supervisors)

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 reasons for two times, the regulating authority shall relieve him from the position and elect or appoint a new convener.

Article 31 (The obligation of directors and supervisors to attend meetings)

 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 reasons for two (2) consecutive times will be regarded as resign, and the vacancy will be filled by the alternate directors or alternate supervisors in sequence.

Article 32 (To call meeting by the regulating authority)

 Where a meeting of the member's (member representative's) 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[edit]

Article 33 (Financial sources)

 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 (To make report on budget and final accounts)

 A civil association shall compile reports on budgeting and final accounting each year, submit it to the member's (member representative's) congress for approval, and report it to the regulating authority for examination and reference. But a final accounting report shall be send to the board of supervisors for auditing at first, and then submit it along with the result of auditing to the member's (member representative's) congress.

Chapter 7  Occupational Associations[edit]

Article 35 (Definition)

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

Article 36 (To initiate an association of upper level)

 The organization of an occupational association of an upper level may be initiated only after more than one half of the associations of the lower level have been organized, unless it is approved by the central regulating authority.

Article 37 (Membership)

 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.

An occupational association may not refuse a person who meets the qualification to be affiliated.

Article 38 (To entrust representative to attend meeting)

 Where a member (member representative) of an occupational association cannot attend a meeting of the member's (member representative's) congress, he may entrust in writing another member (member representative) to represent him. But 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 one other only.

Chapter 8  Social Associations[edit]

Article 39 (Definition)

 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

 Where a social association has organizations of different levels, an association of a lower level shall be affiliated in the association of the upper level as a member.

Article 41 (Election and recall of the personnel)

 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 (To entrust representative to attend meeting)

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

Article 43 (Meeting of the board of directors and the board of supervisors)

 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[edit]

Article 44 (Definition)

 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 (Qualification of parties)

 A political association that meets any of the following is a party:

  1. A national political association intended for recommending candidates to participate in the election of public officials establishes a party in accordance with the provisions 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 (Establishment of parties)

 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 as 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 (Registration of the parties as legal persons)

 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 the 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 legal person and other matters as 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 (Administrative region of party)

 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 (To recommend candidates of public officials)

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

Article 49 (Contents of the constitution of political association)

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

Article 50 (Rights of party)

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

Article 50-1 (Organization of party and league)

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

Article 51 (Limitation on acceptance of donations)

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

Article 52 (Party Review Commission)

 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 the commissioners who come from a 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[edit]

Article 53 (Illegal establishment)

 An application for establishment of a civil association that violates the provision of Article 2 or other laws shall be rejected; if the establishment is permitted, such permit shall be abolished.

Article 54 (To report alteration for examination)

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

Article 50 (Abolishment of permit)

 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 (Incorporation and division)

 Where it is necessary to incorporate or divide civil associations due to adjustment of organizational area or other reasons, application may be submitted to the regulating authority for approval of incorporation or division.

Article 57 (Encouragement)

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

Article 58 (Punishment)

 Where a civil association violates law or its constitution or encumbers public welfare, the regulating authority may warn it, cancel its resolution, or stop the 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 circumstance, the following punishment 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 as referred to in the above paragraph also may be executed by the regulating authority of target business. But 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 the related evidences 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 breaches the Constitution.

Article 59 (Cause for disincorporation)

 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. Correction is not finished within the specified time limit.
  5. A resolution of disincorporation is approved in the member's (member representative's) congress.

 The provision of Subparagraph 4 of the above paragraph is not applicable to disincorporation of parties.

Article 60 (Penal provision 1)

 Where a civil association is established without applying for 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 fined.

 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 after the time limit expires, the provision of the above paragraph shall apply.

Article 61 (Penal provision 2)

 Where a civil association is established without applying for 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 after 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 (Penal Provision 3)

 Where donation is accepted with infringing the provision of Article 51, fixed-term imprisonment or penal servitude of up to two (2) years will be condemned, 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 (Coercive execution by the court)

 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[edit]

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 (Date of enforcement)

This Act shall become effective as of the date of promulgation.

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