Regulations for Guidance on Civil Associations Affairs
2023-08-30
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Article 1
These Regulations are enacted pursuant to Article 66 of the Civil Associations Act (hereinafter referred to as these Regulations).
Article 2
The civil associations as called in these Regulations are referred to the occupational association and the social association established according to the laws.
Article 3
After a civil association being approved and registered by the regulating authority, the regulating authority shall grant it an accreditation certificate and include the following contents,
1. Name of the association
2. Date of establishment
3. Site of the association
4. Certificate number
The issuing of the accreditation certificate prescribed in the previous Paragraph or other association affairs certificate (verification) may be made of the form of electronic certificate (verification) by the regulating authority, and provided it for the civil association to download.
All kinds of paper documents of certificates (verifications) of a civil association, in the case of being lost, damaged, etc., the principals may submit an application form with written statements of reasons to the regulating authority for re-issuance (replacement).
1. Name of the association
2. Date of establishment
3. Site of the association
4. Certificate number
The issuing of the accreditation certificate prescribed in the previous Paragraph or other association affairs certificate (verification) may be made of the form of electronic certificate (verification) by the regulating authority, and provided it for the civil association to download.
All kinds of paper documents of certificates (verifications) of a civil association, in the case of being lost, damaged, etc., the principals may submit an application form with written statements of reasons to the regulating authority for re-issuance (replacement).
Article 4
A civil association may prescribe in its constitution to establish its subordinate organizations in the same administrative region. In the event of the above-mentioned establishing of subordinate organizations, the superior organization shall issue letter of consent, and the subordinate organization shall apply the registration with the local regulating authority.
Article 5
The civil association which establishes subordinate organizations, the superior organization shall include the following contents in its constitution:
1. Name of the subordinate organizations
2. Quota of representative designated by the subordinate organizations
3. Rights and obligations relationship between the superior and subordinate organization
4. Other relevant matters
1. Name of the subordinate organizations
2. Quota of representative designated by the subordinate organizations
3. Rights and obligations relationship between the superior and subordinate organization
4. Other relevant matters
Article 6
A civil association may establish branches according to the laws, and shall prepare articles of association pursuant to the provisions of its constitution, and propose them to the members’ (member representatives’) congress for approval, and will be implemented after being approved by the regulating authority.
Article 7
Upon the incorporation or division of a civil association, the regulations shall be agreed upon on the undertaking or transfer of relevant personnel, property and other rights and obligations matters and approved by the members’ (member representatives’) congress, and such regulations shall be implemented after approved by the regulating authority.
Article 8
The selection and change of the site of a civil association shall be approved by the board of directors, and reported to the regulating authority for reference.
Article 9
The number of directors and supervisors of a civil association shall be a quota of an odd number.
The number of directors shall be at least nine, and the number of supervisors shall be at least three. However, this is not applicable where the number of members of a professional group is less than twelve.
The resigning of a director or a supervisor shall be approved by the board of directors or the board of supervisors, respectively, and shall relieve him or her from the position, and the vacancy shall be filled by the alternate directors or alternate supervisors in order. This shall apply to who is regarded as resigning according to the laws.
The number of directors shall be at least nine, and the number of supervisors shall be at least three. However, this is not applicable where the number of members of a professional group is less than twelve.
The resigning of a director or a supervisor shall be approved by the board of directors or the board of supervisors, respectively, and shall relieve him or her from the position, and the vacancy shall be filled by the alternate directors or alternate supervisors in order. This shall apply to who is regarded as resigning according to the laws.
Article 10
The civil association shall collect the data of the members (member representatives) and keep their membership updating.
Before convening congress, the board of directors shall approve membership 15 days ago for those who qualified to attend congress, and make a list which including name, telephone number, address, the rights and obligations of the members (member representatives), then provide for all members viewing.
The chairperson of the board of directors shall hold the congress of civil association, and give notice 15 days in advance to those who on the list which was approved by the board meeting. This notice indicates the information of congress type, time, location and agenda.
Only those who was approved by the board meeting before and on the list have the right to attend congress.
In the case of the majorities of the board of director disaffiliated and cannot run the meeting to approve the latest list of the members (member representatives), the civil association shall apply the last list of the members (member representatives) which was approved before for attending congress to approve the latest membership.
Before convening congress, the board of directors shall approve membership 15 days ago for those who qualified to attend congress, and make a list which including name, telephone number, address, the rights and obligations of the members (member representatives), then provide for all members viewing.
The chairperson of the board of directors shall hold the congress of civil association, and give notice 15 days in advance to those who on the list which was approved by the board meeting. This notice indicates the information of congress type, time, location and agenda.
Only those who was approved by the board meeting before and on the list have the right to attend congress.
In the case of the majorities of the board of director disaffiliated and cannot run the meeting to approve the latest list of the members (member representatives), the civil association shall apply the last list of the members (member representatives) which was approved before for attending congress to approve the latest membership.
Article 11
Seven days before convening a meeting of the board of directors or a meeting of the board of supervisors, the civil association shall inform the person who shall attend the meeting on the type, time, location and agenda of the meeting. Except for convening the interim meeting due to an emergency incident, the notice shall be served to the person who shall attend the meeting one day before the meeting.
The chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) of a civil association shall convene the meeting of the board of directors or the meeting of the board of supervisors.
The joint meeting of the board of directors and the board of supervisors shall be convened with the approval of the chairperson of the board of directors or the convener of the board of supervisors (standing supervisors), respectively, and the provisions of the first Paragraph shall be applied.
Unless otherwise prescribed by the constitution or the resolution of the meeting, the meeting prescribed in the preceding Paragraph shall be presided over jointly by the chairperson of the board of directors or the convener of the board of supervisors (standing supervisors). The meeting 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 a majority of the attending directors or supervisors.
The chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) of a civil association shall convene the meeting of the board of directors or the meeting of the board of supervisors.
The joint meeting of the board of directors and the board of supervisors shall be convened with the approval of the chairperson of the board of directors or the convener of the board of supervisors (standing supervisors), respectively, and the provisions of the first Paragraph shall be applied.
Unless otherwise prescribed by the constitution or the resolution of the meeting, the meeting prescribed in the preceding Paragraph shall be presided over jointly by the chairperson of the board of directors or the convener of the board of supervisors (standing supervisors). The meeting 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 a majority of the attending directors or supervisors.
Article 12
The minutes of the members’ (member representatives’) congress, meeting of the board of directors, meeting of the board of supervisors, and joint meeting of the board of directors and board of supervisors shall include the contents of the date of congress/meeting, status of attending and absenting, resolution of the congress/meeting, etc., and be kept by themselves after the adjournment of the congress/meeting to provide the members (member representatives) for review.
Except that the minutes of the members’ (member representatives’) congress shall be submitted to the regulating authority within thirty days from the adjournment of the member’s (member representative’s) congress to review, the other resolutions of meetings prescribed in the preceding Paragraph, if the matter is required by the laws that shall be reported to the regulating authority or the regulating authority of a target business for check and approval, shall be handled with relevant documents attached according to the laws.
Except that the minutes of the members’ (member representatives’) congress shall be submitted to the regulating authority within thirty days from the adjournment of the member’s (member representative’s) congress to review, the other resolutions of meetings prescribed in the preceding Paragraph, if the matter is required by the laws that shall be reported to the regulating authority or the regulating authority of a target business for check and approval, shall be handled with relevant documents attached according to the laws.
Article 13
The chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) of a civil association shall convene periodical meetings of the board of directors or meetings of the board of supervisors according to the provisions prescribed in the constitution.
The chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) shall convene the temporary meeting of the board of directors or meeting of the board of supervisors upon the request signed in writing by more than a half of all the directors or the supervisors.
The chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) shall convene and finish the temporary meeting within fifteen days after the request signed in writing in the preceding Paragraph is received. In case the convener of the meeting cannot convene the meeting in person, the meeting shall be convened by the substitute who is entrusted to represent according to the procedure prescribed in the constitution, and shall be convened and finished within the prescribed period.
The request signed in writing in the second Paragraph shall be posted by double registered delivery to the chairperson of the board of directors or the convener of the board of supervisors (standing supervisors), and then reported to the regulating authority for reference after receiving the advice of delivery.
The chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) shall convene the temporary meeting of the board of directors or meeting of the board of supervisors upon the request signed in writing by more than a half of all the directors or the supervisors.
The chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) shall convene and finish the temporary meeting within fifteen days after the request signed in writing in the preceding Paragraph is received. In case the convener of the meeting cannot convene the meeting in person, the meeting shall be convened by the substitute who is entrusted to represent according to the procedure prescribed in the constitution, and shall be convened and finished within the prescribed period.
The request signed in writing in the second Paragraph shall be posted by double registered delivery to the chairperson of the board of directors or the convener of the board of supervisors (standing supervisors), and then reported to the regulating authority for reference after receiving the advice of delivery.
Article 14
The regulating authority may appoint a director or supervisor to convene the meeting according to Article 32 of these Regulations, if the chairperson of the board of directors or the convener of the board of supervisors (standing supervisors) falls under any of the following circumstances:
1. The meetings failed after being convened more than three times consecutively.
2. The temporary meeting of the board of directors or temporary meeting of the board of supervisors is not convened and finished within the prescribed period in Paragraph 3 of the preceding Article.
1. The meetings failed after being convened more than three times consecutively.
2. The temporary meeting of the board of directors or temporary meeting of the board of supervisors is not convened and finished within the prescribed period in Paragraph 3 of the preceding Article.
Article 15
The chairperson of the board of directors of a civil association shall convene a temporary members’ (member representatives’) congress upon the request signed in writing by more than half of the directors or one fifth of the members (member representatives), or the notification issued by the board of supervisors.
The persons who attend the temporary members’ (member representatives’) congress in the preceding Paragraph are limited to those who are on the list of members (member representatives) examined and approved by the board of directors.
The regulating authority may appoint a director to convene the meeting according to Article 32 of these Regulations, if the chairperson of the board of directors does not convene and finish the temporary members’ (member representatives’) congress within thirty days from the day the request signed in writing or the notification issued in the first Paragraph is served.
The request signed in writing or the notification issued in the first Paragraph shall be posted by double registered delivery to the chairperson of the board of directors, and then reported to the regulating authority for reference after receiving the advice of delivery.
The persons who attend the temporary members’ (member representatives’) congress in the preceding Paragraph are limited to those who are on the list of members (member representatives) examined and approved by the board of directors.
The regulating authority may appoint a director to convene the meeting according to Article 32 of these Regulations, if the chairperson of the board of directors does not convene and finish the temporary members’ (member representatives’) congress within thirty days from the day the request signed in writing or the notification issued in the first Paragraph is served.
The request signed in writing or the notification issued in the first Paragraph shall be posted by double registered delivery to the chairperson of the board of directors, and then reported to the regulating authority for reference after receiving the advice of delivery.
Article 16
All kinds of congress/meetings of a civil association require the attendance of more than one half of the attendees, and the calculation of the number of persons attending all kinds of congress/meetings shall be subject to the number of persons signed in or reported.
If the attendees propose a motion to check the number of persons present, the chairperson shall put the vote for the motion on-site, and check the number of persons present with the consent of the greater number of votes for the motion. The checked result of the number of persons present shall meet the requirement for convening the congress/meeting, if there are not enough attendees, the chairperson shall declare the congress/meeting closed immediately.
The number of persons entrusted to represent the members’ (member representatives’) congress of an occupational association shall be subject to the order the entrusted persons signed in or reported.
If the attendees propose a motion to check the number of persons present, the chairperson shall put the vote for the motion on-site, and check the number of persons present with the consent of the greater number of votes for the motion. The checked result of the number of persons present shall meet the requirement for convening the congress/meeting, if there are not enough attendees, the chairperson shall declare the congress/meeting closed immediately.
The number of persons entrusted to represent the members’ (member representatives’) congress of an occupational association shall be subject to the order the entrusted persons signed in or reported.
Article 17
The revenue and expenditure and work execution situation of civil associations shall be proposed for deliberation in every meeting of the board of directors, and the board of directors shall submit it to the board of supervisors for supervision. If any inappropriate circumstances are found in supervision, the board of supervisors shall propose a correction opinion and submit it to the board of directors for handling.
If the board of directors fails to do what is prescribed in the preceding Paragraph, the board of supervisors may propose it to members’ (member representatives’) congress for deliberation.
If the board of directors fails to do what is prescribed in the preceding Paragraph, the board of supervisors may propose it to members’ (member representatives’) congress for deliberation.
Article 18
Before the reelection of the director and supervisor for every session, the civil association shall prepare a detailed list of information, including registration certificate, seal, unfinished cases, archives, financial affairs, personnel, etc. After the selection of the new chairperson of the board of directors, the civil association shall hand over a copy of such list, together with the registration certificate and seal, to the new chairperson of the board of directors and supervisor thereon, and the new chairperson of the board of directors shall complete the takeover together with the supervisor within fifteen days. If the handover fails to be completed in due time, apart from handling pursuant to law, the civil association may report to the regulating authority to cancel or revoke the seal and registration certificate issued originally for reissue, and the original seal for reference shall be invalid.
The supervisor in the preceding Paragraph shall be assigned by the new convener of the board of supervisors (standing supervisors) or selected from among the new supervisors themselves.
The supervisor in the preceding Paragraph shall be assigned by the new convener of the board of supervisors (standing supervisors) or selected from among the new supervisors themselves.
Article 19
In order to understand the situation of handling business or activity of a civil association, the regulating authority or the regulating authority of a target business may inform such association to propose the implementation plan, execution situation and financial statement of such business or activity within the due time.
Article 20
The business or activity handled by a civil association shall be guided or supervised by the regulating authority of the target business. If such business or activity involves charging or open enrollment, teaching, ticketing, donation, charity sale or other similar circumstances, the civil association shall propose it to the regulating authority of a target business for registration or approval before handling, and shall comply with relevant laws and decrees regulated by the regulating authority of the target business. In the event of violating any provisions of the relevant laws or decrees, the punishment shall be ruled and imposed by each functional authority of the relevant laws or decrees.
Article 21
A civil association that has been set time for correction by the regulating authority shall survey the intent of all the directors and supervisors in writing, select those intended to group the task force for correction, and then select one as the convener among themselves, and finish the correction within three months.
The number of members of the task force for correction shall not be more than the total number of directors and supers prescribed in the constitution. In the event that the number of members is less than five, the number shall be made up by selecting the proper persons from the members (member representatives).
The member of the task force for correction in the preceding Paragraph is in a position of no pay.
After the civil association has grouped the task force for correction according to Paragraph 1 and 2 as prescribed, it shall report it to the regulating authority within thirty days for future reference.
The number of members of the task force for correction shall not be more than the total number of directors and supers prescribed in the constitution. In the event that the number of members is less than five, the number shall be made up by selecting the proper persons from the members (member representatives).
The member of the task force for correction in the preceding Paragraph is in a position of no pay.
After the civil association has grouped the task force for correction according to Paragraph 1 and 2 as prescribed, it shall report it to the regulating authority within thirty days for future reference.
Article 22
The tasks of the task force for correction are as follows:
1.To take over the registration certificate, seal, unfinished projects, archives, financial books, the data of personnel, etc.
2.To review the membership which is qualified at the moment.
3. Convene the members’ (member representatives’) congress and elect directors and supervisors.
4. Handle the original matters of the civil association as follows:
(1) Service matters entrusted by the government.
(2) Service matters due to be provided to members (member representatives).
When the task force for correction cannot take over the registration certificate and seal, it may report to the regulating authority to cancel or revoke the registration certificate issued originally for reissue, and the original seal for reference shall be invalid.
Within ten days after the new chairperson of the board of directors has been elected, the task force for correction shall be dismissed after the convener of the task force for correction has completed the handover and takeover.
1.To take over the registration certificate, seal, unfinished projects, archives, financial books, the data of personnel, etc.
2.To review the membership which is qualified at the moment.
3. Convene the members’ (member representatives’) congress and elect directors and supervisors.
4. Handle the original matters of the civil association as follows:
(1) Service matters entrusted by the government.
(2) Service matters due to be provided to members (member representatives).
When the task force for correction cannot take over the registration certificate and seal, it may report to the regulating authority to cancel or revoke the registration certificate issued originally for reissue, and the original seal for reference shall be invalid.
Within ten days after the new chairperson of the board of directors has been elected, the task force for correction shall be dismissed after the convener of the task force for correction has completed the handover and takeover.
Article 23
The task force for correction shall handle correction work by convening a meeting.
The meeting in the preceding Paragraph shall be convened by the convener of the task force for correction, and shall be attended by more than half of the number of members, and the resolution thereof shall be approved by more than half or a majority of the attending members.
Members of the task force for correction shall personally attend the meetings of the task force for correction, and may not entrust others to represent them.
The meeting in the preceding Paragraph shall be convened by the convener of the task force for correction, and shall be attended by more than half of the number of members, and the resolution thereof shall be approved by more than half or a majority of the attending members.
Members of the task force for correction shall personally attend the meetings of the task force for correction, and may not entrust others to represent them.
Article 24
A member of the task force for correction shall be dismissed provided he or she has any one of the following circumstances, and a person shall be selected for replacement pursuant to Article 21:
1. Vacancy.
2. Absent for two consecutive times.
The above circumstances shall be reported to the regulating authority for future reference within thirty days after the replacement.
1. Vacancy.
2. Absent for two consecutive times.
The above circumstances shall be reported to the regulating authority for future reference within thirty days after the replacement.
Article 25
If the task force for correction really has difficulty handling correction work, within the time limit set for correction, it may explain the reason and apply to the regulating authority for an extension of the time limit for no more than three months, and such extension is limited to once only.
Article 26
The tenure of directors and supervisors elected by a civil association through the procedure of setting time limits for correction shall be deemed to be new tenure.
Article 27
For the liquidation procedure in the dissolution of a civil association, if juridical association registration has been conducted, unless otherwise prescribed by law, it shall be handled pursuant to the provisions of the Civil Code. If juridical association registration has not been conducted, it shall be handled pursuant to the regulation of resolution of members’ (member representatives’) congress. If the regulation has not been prescribed in the constitution or the members’ (member representatives’) congress cannot be convened, the chairperson of the board of directors or the substitute prescribed by the constitution shall act as the liquidator. If the liquidator cannot be selected, the regulating authority may elect and assign a liquidator for handling pursuant to liquidation provisions in the Civil Code.
Article 28
These Regulations shall become effective as of the date of promulgation.