Regulations on Election and Dismissal in Cooperatives
1.Enacted and promulgated by the Ministry of the Interior on August 10, 1994
2.Amended by the Ministry of the Interior on October 8, 2003
3.Amended by the Ministry of the Interior on December 1, 2016
These Regulations are stipulated pursuant to Article 75-1 of the Cooperatives Act.
Election or dismissal in cooperatives as referred to in these Regulations means the election or dismissal of member representatives, directors, supervisors, chairperson of the board of directors, and chairperson of the board of supervisors.
Election or dismissal in cooperatives shall be implemented in meeting and by way of voting.
The attendees of the meeting referred to in the above paragraph shall be more than a half of the total number of the persons who should be present, and the aforementioned total number means the total number of those who have the qualification to attend the meeting.
If an election meeting fails because there are not enough attendees, it shall be called again within 15 days. If there are still not enough attendees in the second time, the election meeting may be opened by the actual number of attendees according to the provisions of the constitution; but the actual number of attendees shall be not less than 1/3 of those who should be present.
Where a cooperative has more than two hundred members, it may, according to the provisions of its constitution, hold an election meeting divided in several groups to elect member representatives to attend the member representative's congress. If it is not prescribed in the constitution, the meeting may also be held dividedly in several groups with the approval of the regulating authority.
In principle, the quota of the representatives referred to in the above paragraph shall be 10% of the total number of the members. However, it shall be not less than 51 and not more than 199.
The directors and the supervisors of a cooperative shall be elected by the member's congress or the member representative's congress, and the quota shall meet the following provisions:
1. There shall be at least 3 directors, and the number may not be more than 15 in a cooperative of the county (city) level or below, 25 in a cooperative of the province (municipality) level, and 35 in a national cooperatives.
2. There shall be at least 3 supervisors. If there are more than three supervisors, the quota may not exceed 1/3 of that of directors.
3. Alternate directors and alternate supervisors may be set, but the quota may not exceed 1/3 of that of directors and supervisors.
The chairpersons of the board of directors and the board of supervisors shall be elected by and from the directors and supervisors, and the one who get the votes of more than a half of the attendees shall be appointed. If nobody gets more than a half of the votes, a voting shall be made again between the two who have got the most and the second most votes, and the one who gets more votes shall be appointed; in case both of them get a same number of votes, lottery shall be used to determine who shall be appointed.
The meeting of the board of directors and the board of supervisors as referred to in the above paragraph shall be convened by the original chairperson of the board of directors and the board of supervisors within 15 days after the directors and the supervisors have been elected; for a cooperative being established, the meeting shall be convened by the chief committeeman of the preparation committee. If the meeting is not called within the time limit, it may be convened by the director or the supervisor who has got the most votes.
Vacancy of directors or supervisors shall be filled by the alternate directors or alternate supervisors in order. If the number of directors or supervisors doesn't reach a half of the quota set forth in the constitution after the vacancy has been filled, a meeting of the member's congress or the member representative's congress shall be held for supplementary election.
In vacancy of the chairperson of the board of directors or the board of supervisors, a meeting of directors or supervisors shall be held for supplementary election.
The tenure of those who are elected under the above two paragraphs shall be within the same tenure of the position.
If an alternate director or an alternate supervisor declares in writing to waive the right to fill the vacancy, he will lose the qualification as an alternative director or alternate supervisor.
To resign the position of chairperson of the board of directors or the board of supervisors, director, supervisor, or member representative, a written application shall be submitted to the board of directors or the board of supervisors.
After the resign referred to in the above paragraph has been approved by the board of directors or the board of supervisors, the person who resigns may not be elected to take the original position again in the same tenure.
Where the quota of the persons to be elected is not more than 3, secret single vote shall be used; more than 3, secret limited vote shall be used, and the quota of limited vote may not exceed 1/2 of the quota that should be elected. However, secret single vote may be adopted for election of member representatives in accordance with the provisions set forth in the constitution.
To elect directors or supervisors of a cooperative, a reference list of candidates may be resolved in the cooperative affairs meeting, and the number of candidates shall be not les than the quota to be selected, unless otherwise prescribed in the constitution or resolved in the member's congress or the member representative's congress. However, candidates shall not be limited to those listed in the reference list.
Only the members or member representatives affiliated in the cooperative may be listed as the candidates referred to in the above paragraph.
To elect a board of founders, the reference list of candidates shall be resolved in a meeting of the preparation committee.
The board of directors of a cooperative shall, 3 months before expiration of the tenure of the member representatives, directors and supervisors, select several directors to establish a membership examination group, and one of them shall be elected convener to examine the member's membership according to the following provisions:
1. To check and revise the roll list of members.
2. To notify the members who don't meet the qualifications as prescribed in the constitution to withdraw the capital stocks and handle other procedures such as disaffiliation within 30 days.
3. To notify the heritors of the dead members to withdraw the capital stocks or apply for affiliation within 30 days.
4. To give public announcement if the notice referred to in the above paragraph can not be sent to the objects. And write off the membership after the notice or public announcement is issued.
5. For the members of consumption cooperatives who have worked in government departments, schools, and associations and now retire or quit from the original organization, and have their membership reserved according to the provisions set forth in the constitution, to stop their rights of election, being elected, and recall.
After the examination of membership is finished, the cooperatives shall separately list the qualified members, disaffiliated members, and members with their membership reserved, announce the lists together with the date and the method of candidate registration for 15 days after they have been approved by the board of directors, and report to the regulating authority for reference.
The announcement referred to in the above paragraph shall be made 60 days before the election voting, and a member who doesn't agree the examination result may, within the period of announcement, submit a written application to the resulting authority to request correction.
A member who is affiliated or has the membership reserved after the announcement referred to in the above paragraph expires shall handle the registration of alteration according to law, and may not execute the rights of election, being elected, and recall.
When an election meeting divided in several groups is held to elect member representatives, the members who have changed their addresses after the roll list of members is announced shall return to the original place to attend the meting and take a vote.
If registration of candidates is adopted for election, the qualified members or member representatives may apply for being registered as candidates in accordance with the provisions of the constitution.
The members or member representatives who meet the qualifications for candidates shall, within 15 days commencing from the day when applications for are accepted, apply to the cooperatives for registration as candidates.
To apply for registration under the above paragraph, a reference in writing jointly signed by not less than three members or member representatives shall be submitted, and each member or member representative may recommend only one candidate. A same member or member representative may not be recommended as the candidate for director and supervisor at the same time.
The cooperative affairs meeting shall appoint not less than three members or member representatives to establish a Candidate Qualification Examination Group, but those who apply for registration as candidates may not assume the members of the Qualification Examination Group.
The Candidate Qualification Examination Group shall finish the examination within 7 days commencing from the deadline of the registration of candidates, and shall give a written notice explaining the reasons to those who are not qualified in examination. Any candidate who doesn't agree the result of examination may, within 3 days commencing from receipt of the notice, submit a written application enclosed with he related certificates to apply for re-examination for one time. Applications submitted after the time limit expires will not be accepted.
Upon receipt of an application for re-examination, the Candidate Qualification Examination Group shall finish the re-examination within 3 days, and shall notify the applicant himself. No opposition may be filed against the result of re-examination.
After the examination of candidate qualifications has been determined, the Candidate Qualification Examination Group shall determine the sequence of the candidates by drawing lots, compile a list, and notify in writing the candidates.
Cooperatives shall, 7 days before an election meeting is held, publicly announce the type, agenda, time and address of the meeting, quota to be elected, quota of alternates, list of candidates, and method of election, separately send a written notice to the persons who should attend the meeting, and report to the regulating authority for reference.
A cooperative shall, according to the prescribed format, print election votes by itself to record the name of the cooperative, the session of election, name of the positions to be elected, and the date of election, for the board of directors or the preparation committee to use in any of the following ways:
1. Provide blanks according to the quota to be elected or the quota of limited vote for the voter to fill in.
2. Print the names of the candidates or those to be elected in the vote for the voter to choose.
3. Print the reference list of candidates in the vote for the voter to choose, and preserve some blanks equivalent to the quota to be elected or the quota of limited vote for the voter to fill in.
An election vote shall become effective only after it is stamped with a seal of the cooperative and the seal of the supervisor appointed by the board of supervisors. When a foundation meeting is held, the votes shall be stamped with the seal of the preparation committee or the seal of the convener. However, it is allowable the seal is not stamped in special occasions and with the approval of the regulating authority.
When a cooperative elects the member representatives, the board of directors shall appoint several members to deal with the affairs related to the election. When electing directors or supervisors, the election personnel shall be selected by and from the members or member representatives who attend the meeting of the member's congress or the member representative's congress; if it is impossible to do so, the personnel may be designated by the chairman of the meeting to handle the affairs related to voting and counting of votes.
The election personnel referred to in the above paragraph includes vote distributor, vote reader, vote counter, voting supervisor, and scrivener.
The candidates announced according to the provision of Article 18 may not concurrently hold a position of election personnel.
Before to distribute the votes, the chairman of the meeting or the person designated by him shall declare to stop sign-in, and shall explain on the spot the session of election, the names of positions, the number of attendees, the quota to be elected, the method of election, determination of invalid votes, the deadline of voting, and the responsibilities of the election personnel, and other affairs related to the election.
When the election begins, the chairman of the meeting may require the persons who have nothing to do with the election to leave the meeting place.
To execute the right to vote, a member or member representative shall show his membership certificate or ID certificate, and sign or seal in his own name to receive an election vote after it is confirmed that the certificate is in conformity with the roll list of members.
If a member of a cooperative or a member representative of a cooperatives union cannot attend the meeting to exercise the right to vote, he may produce a power of attorney to entrust another member or another representative of the same cooperative to act on behalf of him. But a consignee may not be entrusted by two or more consignors.
The consignee referred to in the above paragraph shall hand in the power of attorney, and shall register his name upon receiving the election vote.
A consignor who attends the meeting before the votes are distributed shall terminate the power of attorney in writing, and execute the right to vote by himself after sign-in.
After having received an election vote, a voter shall fill in the vote by himself and select a candidate on the spot. If the voter cannot fill in the vote because he is illiterate or due to physical or mental disability, he may request an election officer appointed or designated to fill in the vote according to the will of the voter.
A vote box shall be set for election, and shall be sealed by the voting supervisor after it is examined publicly; where necessary, a voting area may be established. Except the personnel referred to in the above article, any other person may not enter the voting area.
If a voter commits any of the following misconducts during election, the voting supervisor shall warn the voter, if the voter doesn't obey, it shall be reported to the chairman of the meeting, and the chairman shall stop the misconduct or order the voter to leave, and record the fact in the proceedings:
1. To encumber the order of the meeting place or the proceeding of the meeting.
2. To carry weapons or hazardous goods.
3. To watch, induce, or interfere other voters' voting.
4. To check the votes collectively or show a checked vote to others.
5. Not to fill in the vote according to the provision of Article 24.
After the deadline of voting expires, the vote distributor shall immediately count the votes distributed together with the voting supervisor, report to the chairman of the meeting, separately pack and seal the list of members and the left votes, and together with the chairman of the meeting sign or seal on the seal of the packs.
After the deadline of voting expires, the votes shall be counted immediately on the spot. Upon counting the votes, all the votes shall be put together to count the total number at first; if there are too many votes, they may be counted separately, and then the votes shall be summarized.
Where the quota of member representatives is distributed into each group, the votes shall be counted separately for each group.
After the counting of votes is finished, the chairman of the meeting shall declare the result of election on the spot, and shall separately pack and seal the valid votes and invalid ones together with the voting supervisor, and together sign their names or stamp their seals on the seal; and the packs together with the list of members and the left election votes shall be stored by the cooperative until expiration of the tenure. The proceeding of the election meeting shall be reported to the regulating authority for reference.
If violation of law or cheat occurs during election, the chairman of the meeting may, together with the voting supervisor, declare to seal the vote box, the roll list of members, checked votes, left votes, and the related documents, and report to the regulating authority for disposal.
An election vote shall be invalid in any of the following occasions:
1. Unconformity with the provision of Article 19.
2. The checked candidate is beyond the quota to be elected or the quota of limited vote.
3. The name of the checked candidate is not in conformity with the name recorded in the roll list of members.
4. The check is in an unclear position so that it is impossible to judge which candidate is selected.
5. The check is altered.
6. The writing is unclear and unreadable.
7. The writing can't be distinguished due to pollution.
8. Other texts or symbols are mixed in. This is not applicable where there are two or more persons to be elected of a same name and the differences are remarked on the bottom.
9. Secret signals are attached.
10. The vote is signed, stamped, or fingerprinted.
11. The check is written by pencil.
12. The vote is torn incomplete.
13. The vote is completely blank.
Where a proportion of the vote meets any of the provisions of Subparagraphs 3~6, this proportion shall be invalid.
If it is difficult to determine whether a vote is invalid according to the provisions of the above two paragraphs, the chairman of the meeting shall consult with the voting supervisor to make a decision.
Where limited vote is used for election and a same candidate is checked twice or more on a same election vote and the number of continuously checked candidates is not more than the quota, it shall be regarded as one vote.
The candidates who get more votes shall be elected within the quota, and those who get relatively fewer votes shall be alternates. If two or more persons get the same votes, it shall be decided by drawing lots. If one of them is not on the spot, or is on the spot but doesn't draw the lot after having been called for three times, the lot shall be drawn by the chairman of the meeting in stead. However, election of the chairperson of the board of directors or the board of supervisors shall be implemented according to the provision of Article 6 all the same.
The list of the elected and the alternates, in a sequence determined by the number of the votes one gets, shall be announced and publicized by the chairman of the meeting on the spot.
The elected and the alternates are not limited to the attendees of the election meeting.
Election shall be made in accordance with the method set forth in Article 15; besides, if a same member or member representative is elected both director and supervisor or both alternate director and alternate supervisor, the elected shall choose one to assume on the spot; if the elected is not on the spot or is on the spot but doesn't make the choice, the position of more votes shall be assumed; in case the two positions are of the same votes, it shall be decided by the chairman of the meeting by drawing lots; if a member or member representative is elected both director and alternate supervisor or both supervisor and alternate director, the formal position shall be assumed.
The cooperatives shall notify the elected within 7 days after the list of the elected is announced. If an elected person doesn't accept the election, he shall reply in writing within 7 days commencing from receipt of the notice; otherwise, it will be deemed as acceptance.
Where an elected person doesn't accept the election, the vacancy shall be filled by the alternates in order.
If a voter or candidates who attends the election meeting doesn't agree the result of election declared by the chairman of the meeting, he shall declare the opposition to the chairman on the spot; if a voter or candidate who has not attended the election meeting doesn't agree the result of election, he shall submit his opposition in writing to the regulating authority within 3 days after the meeting; if the opposition is sent by post, the date in the postal mark shall be regarded as the date of submission.
If a voter or candidate files an opposition against the result of election after the meeting or after the specified time limit expires, such opposition will be rejected.
A member representative, director or supervisor, or the chairperson of the board of directors or the board of supervisors may not be dismissed before he has worked in the position for six months.
To bring forward a proposal of dismissal to the cooperative, an application for dismissal explaining the reasons shall be prepared, and shall be jointly signed by not less than 1/3 of the original voters, and the regulating authority shall be informed.
If it is proved that a signer in an application for dismissal is false, or a signer applies for cancellation of the signature within 3 days commencing from submission of the application to the cooperative, this signer shall be eliminated immediately. If the number of signers doesn't the legal limit because some of them are eliminated, the cooperative shall return the application within 5 days commencing from receipt of it, and shall inform the regulating authority about this.
A cooperative shall, within 15 days commencing from receipt of an application for dismissal, send a duplicated copy of the application to the person for whom the application is submitted if there are enough signatures and the signatures are proved true, and notify the person to submit a statement of defense to the cooperative within 15 days commencing from receipt of the duplicated copy. If the statement of defense is not submitted within the time limit, it will be deemed that the person waives the right of defense.
The person for whom the application for dismissal is submitted shall send a duplicated copy of the statement of defense to the regulating authority.
The chairperson of the board of directors or the board of supervisors shall call a meeting after a statement of defense is submitted or within 15 days commencing from the deadline of defense; and with the consent of more than a half of all the attendees, the application for dismissal shall be approved; otherwise, the application shall be denied.
If the chairperson of the board of directors or the board of supervisors doesn't call the meeting according to the provision of the above paragraph, or the chairperson is just the person for whom the application for dismissal is submitted, the board of directors or the board of supervisors shall elect one of themselves to call the meeting. Where necessary, the regulating authority may appoint someone to act as the convener.
A cooperative shall, 7 days before a dismissal meeting is opened, distribute the application for dismissal and the statement of defense together with the advice note and agenda of the meeting to the attendees, and report them to the regulating authority for reference.
The person for whom the application for dismissal is submitted may attend the dismissal meeting and supplement the defense in the meeting, but may not act as the chairman of the meeting.
If a dismissal meeting fails because the number of attendees doesn't reach the legal limit, it shall be deemed that the dismissal is denied.
After being dismissed, a member representative, director, supervisor, or the chairperson of the board of directors or the board of supervisors may not be elected to take the original position again in the same tenure. Once a disposal of dismissal has been denied, dismissal may not be proposed against the same person in the same tenure for the same reason.
Cooperatives shall print dismissal votes according to the specified format by themselves, and the votes shall become effective after they are stamped with the seal of the cooperatives or the seal of the supervisor appointed by the board of supervisors. However, in special occasions approved by the regulating authority, it is allowable that the seal is not stamped.
Where a cooperative deals with the dismissal affairs, the provisions set forth in these Regulations on election shall also be applicable.
In any of the following occasions, a vote of dismissal shall be invalid:
1. Not in conformity with the provision of Article 47.
2. Both the "Agree" option and the "Do not agree" option are checked.
3. The check is in an unclear position so that it is impossible to judge whether the voter agrees the dismissal or not.
4. Occasion as prescribed in Paragraph 1, Article 31.
Where there are two or more persons to be dismissed and a proportion of the dismissal meets any of the above subparagraphs, the proportion shall be invalid.
Before a proposal of dismissal is raised in the meeting, it may be cancelled with the consent of all the signers; after it is brought forward to the meeting, it may be cancelled with the consent of the all the signers and the consent of not less than 2/3 of the attendees.
The notices set forth in these Regulations shall be delivered to the address registered in the list of members.
Postal acknowledgement of receipt shall be reserved to prove the delivery of notices, and the related provisions on delivery of notices set forth in the Civil Procedure Code shall apply.
The provisions of these Regulations except Articles 4 and 14 shall be applicable to cooperatives unions.
The formats of the letters and forms set forth in these Regulations shall be prescribed by the regulating authorities.
These Regulations shall become effective as of the date of promulgation.
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