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英譯法規內容

法規名稱(Title) Regulations on Permission and Supervision of Interior Business Public Welfare Trusts Ch
公發布日(Date) 2003.08.22
法規沿革(Legislative) 1.The whole text of 31 enacted articles promulgated by Order (89)-Tai-Nei-Fa-Tzu No.8974249 of the Ministry of the Interior on December 30, 2000
2.Articles 2, 4, and 30 amended and promulgated by Order Tai-Nei-Fa-Tzu No.0920070698 of the Ministry of the Interior on August 22, 2003
法規內文(Content) Article 1   These Regulations are enacted pursuant to Article 85 of the Trust Act (hereinafter referred to as “the Act”).
Article 2   The competent authority as referred to in these Regulations means the Ministry of the Interior.
Article 3   The public-welfare trusts as referred to in these Regulations mean the pubic-welfare trusts aimed to be engaged in the business
related to civil administration, household administration, service administration, social administration, land administration,
sexual assault prevention, domestic violence prevention, planning and construction, police administration, fire safety, or other
relevant interior business, the establishment and the consignee of which are approved by the competent authority.
Article 4   The permission and supervision of public-welfare trusts shall be performed by the competent authority. However, the
competent authority may entrust a municipal or county (city) government to permit and supervise the public-welfare trusts
whose trust estates are under a certain amount and the main benefit range of which is in a single municipality or county (city),
and deal with the matters that should be handled by the competent authority as prescribed in the Act and these Regulations.
The “certain amount” as referred to in the above paragraph shall be prescribed by the competent authority.
Where a public-welfare trust doesn’t know the main benefit scope definitely or can not determine the department in charge of
permission and supervision, it may apply to the competent authority for designation.
Article 5   To apply for permission on establishment of a public-welfare trust and on the consignee, the consignee shall submit the
following documents in quadruplicate:
1.Letter of application for permission on establishment and consignee;
2.Trust contract or testament;
3.Certificates on the trust estates;
4.Identity certificate of the consignor;
5.Curriculum vita and identity certificate of the consignee;
6.Curriculum vitae, letter of consent on commission, and identity certificate of the trust supervisor;
7.Where a consultation committee is established, a statement on the authority, responsibility, and number ofmembers of the
committee, as well as curriculum vitae, letter of consent on commission, and identity certificate of the members shall be
submitted;
8.A plan on trust business and a budget of incomes &d expenditures of the very year and the next year;
9.Other documents designated by the competent authority.
Where a legal person establishes a trust by means of pronouncement in accordance with the provision of Paragraph 1, Article
71 of the Act, the documents as referred to in Subparagraph 2 of the above paragraph shall be the resolution of the legal person,
the contents of the pronouncement, and the trust contract as referred to in Paragraph 3 of Article 8.
The curriculum vita as referred to in Subparagraphs 5~7 of the first paragraph shall contain such information as name, address,
education background, and working experience; for a legal person, the curriculum vita shall include the name, directors, main
office, and constitution of the legal person.
Article 6   The trust contract or testament as referred to in Subparagraph 2, Paragraph 1 of Article 5 shall include the following contents:
1.Name of the public-welfare trust;
2.Purpose of the trust;
3.Category, name, quantity, and value of the trust estates;
4.Regulations on management or disposal of the trust estates;
5.Attribution of the trust estates upon elimination of the trust relation;
6.Other matters prescribed by the competent authority.
Article 7   Upon receipt of an application as referred to in the first paragraph of Article 5, the competent authority shall perform
examination over the following matters:
1.Whether the trust is really established for the purpose of public welfare;
2.Whether the contents of the trust behavior can ensure the realization of the purpose;
3.Whether the consignor really has the right to dispose the trust estates;
4.Whether the consignee really has the ability to manage or dispose the trust estates;
5.Whether the trust supervisor really has the ability to supervise the implementation of the trust affairs;
6.Whether the business plan and the budget of income & expenditure are proper.
Where the purpose of establishing the public-welfare trust involves the business of other competent authorities of public
welfare business, the competent authority shall consult with the related departments upon performing examination.
After having finished the examination in accordance with the provisions of the above two paragraphs, where the application is
approved, the competent authority shall issue a permit on establishment and consignee (hereinafter referred to as “the
Permit”); where it is deemed that the trust should not be permitted, the competent authority shall explain the reasons and
reject the application.
Article 8   After receipt of the Permit, the consignee shall immediately handle the transfer or disposal of the trust estates and, within 1
month after acceptance of the transferred or disposed estates, submit the related certificates to the competent authority to declare
the properties.
Where the trust is established by means of pronouncement, the consignee shall, immediately after receipt of the Permit,
publicize the Permit together with the resolution of the legal person and the contents of the pronouncement on the newspapers
at the location of main office, and shall submit a report enclosed with the related certificates to the competent authority within 1
month after the documents are publicized.
Where a person joins the trust as a consignor in accordance with the provision of Paragraph 1, Article 71 of the Act, a trust
contract shall be signed, and the provision of the first paragraph shall apply.
Article 9   Where the trust estates as referred to in the first paragraph of Article 8 are property rights that should be registered, the
consignee shall handle the procedure of trust registration at the same time when applying for registration of alteration of
property right; where they are securities, the consignee shall mark on the securities or other documents indicating the rights that
they are trust estates according to the prescription of the competent authority of target business at the same time when accepting
the rights of the securities; where they are stock shares or corporate bonds, a notice shall be given to the company issuing the
shares or bonds.
Where the trust is established by means of pronouncement, and the trust estates are property rights that should be registered or
securities owned by the consignee, the consignee shall handle the trust registration or publication according to the provision of
the above paragraph after a pronouncement is made to the public in accordance with the provision of Paragraph 2 of Article 8.
Article 10   A consignee shall, within 3 months before the beginning of a year, submit a business plan and a budget of income &
expenditure of the next year to the competent authority for review and reference.
Article 11   A consignee shall, within 3 months after the end of a year, send the following documents to the trust supervisor for
examination, and then submit them to the competent authority for review and reference:
1.Report on disposal of trust affairs of the year;
2.Calculation of incomes & expenditures and statement of assets & liabilities of the year;
3.List of the trust estates upon the end of the year.
The consignee shall also publicize the documents as referred to in the above subparagraphs in the places where trust affairs are
implemented.
Article 12   In any of the following occasions, a consignee shall report the matters in writing to the competent authority within 1 month
commencing from occurrence of the fact:
1.Alteration of the consignee’s name, dress, or occupation; or alteration of the name, representative, main office,or business
items of the consignee as a legal person.
2.Alteration of the trust supervisor or the consultation committee; or alteration of the name, dress, or occupation ofthe trust
supervisor or a consultation committeeman.
Article 13   To apply for transforming the trust estates into self-owned properties or setting or acquiring rights from the trust estates
according to the provisions of Article 76 and Subparagraph 3, Paragraph 1, Article 35 of the Act due to uncontrollable reasons,
a consignee shall submit the following documents in duplicate to the competent authority:
1.Letter of application;
2.Documents explaining the reasons for transforming the trust estates into self-owned properties or setting oracquiring rights
from the trust estates;
3.Documents about the category, total amount, and price of the estates to be acquired or from which rights would beset or
acquired.
Article 14   Where a public-welfare trust is encountered with an occasion as described in Article 73 of the Act, the consignee may submit
the following documents in duplicate to the competent authority to apply for alteration of trust terms:
1.Letter of application:
2.Explanation on the reasons that the trust terms must be modified;
3.List of the amended terms as well as a comparative table of the old and new terms;
4.A post-alteration business plan and a budget of incomes & expenditures.
Article 15   To apply for resignation in accordance with the provision of Article 74 of the Act, a consignee shall submit the following
documents in duplicate to the competent authority:
1.Letter of application;
2.Letter of the reason for resignation;
3.Documents on the trust affairs and trust estates;
4.Suggestion on selection of the new consignee.
Article 16   If a consignee commits any of the following misconducts, the competent authority may, pursuant to the provisions of Article
76 and Paragraph 2, Article 36 of the Act, dismiss the consignee at the request of the consignor or according to its authority:
1.Misconduct as prescribed in the subparagraphs of Article 82 of the Act;
2.Improper management resulting in damage to the trust estates;
3.Disposal of the trust estates with infringing the purpose of trust;
4.Infringement of the consignee’s obligations;
5.Other important causes.
Article 17   To apply for dismissing a consignee according to the provision of the above article, a consignor, beneficiary, or trust supervisor
shall submit the following documents in duplicate to the competent authority:
1.Letter of application;
2.Explanation on the reasons for applying for dismissal;
3.Suggestion on selection of the new consignee.
Article 18   When a consignee is relieved from his duty or has finished the task, or the consignee designated by a testament refuses to or
can not accept the trust, the competent authority may, in accordance with the provisions of Article 76, Paragraph 3 of Article
36, Paragraph 2 of Article 45, and Article 46 of the Act, select a new consignee at the candidates’ application or according to
its authority.
Article 19   To apply for selecting a new consignee in accordance with the provisions of Article 76, Paragraph 3 of Article 36, Paragraph 2
of Article 45, and Article 46 of the Act, an interested person or a procurator shall submit the following documents in duplicate
to the competent authority:
1.Letter of application;
2.Certification documents proving that the original consignee has been relieved from his duty or has finished thetask, or refuses
to or cannot accept the trust;
3.Suggestion on selection of the new consignee;
4.Curriculum vita of the new consignee and letter of consent on commission.
Article 20   To apply for being paid from the trust estates in accordance with the provisions of Article 76 and Article 56 of the Act, a trust
supervisor shall submit the following documents to the competent authority:
1.Claim for pay;
2.Certificate on the complexity of his duty;
3.Certificate on the financial status of trust estates.
The competent authority shall notify the consignee to express his opinion on the claim as referred to in the above paragraph.
Where the competent authority agrees with the claim as referred to in the first paragraph, it shall notify the consignee to offer
the pay.
Article 21   To apply for resignation in accordance with the provisions of Article 76 and Article 57 of the Act, a trust supervisor shall
submit the following documents in duplicate to the competent authority:
1.Letter of application;
2.Explanation on the reasons for resignation;
3.Report on disposal of affairs
4.Suggestion on selection of the new trust supervisor.
Article 22   To apply for dismissing a trust supervisor in accordance with the provisions of Article 76 and Article 58 of the Act, an
interested person or a procurator shall submit the following documents in duplicate to the competent authority:
1.Letter of application;
2.Explanation on the reasons for applying for dismissal;
3.Suggestion on selection of the new trust supervisor.
Article 23   To apply for selecting a new trust supervisor in accordance with the provisions of Article 76 and Article 59 of the Act, an
interested person or a procurator shall submit the following documents in duplicate to the competent authority:
1.Letter of application;
2.Certification documents proving that the original trust supervisor has been relieved from the duty or has finishedthe task, or
refuses to or can not accept the trust.
3.Suggestion on selection of the new trust supervisor;
4.Curriculum vita of the new trust supervisor and the letter of consent on accepting the commission produced byhim.
Article 24   Where the consignee is changed during continuance of a trust relation, the new consignee shall be selected by the competent
authority in accordance with the provision of Article 18, and shall submit the following documents in duplicate to the
competent authority to apply for the consignee permission:
1.Curriculum vita;
2.Identity certificate;
3.Other related documents.
Article 25   On occurrence of alteration of the consignee, the provisions of Articles 7~9 shall apply.
Where the competent authority rejects an application as referred to in the above article, it shall select a new consignee in
accordance with the provision of Article 18.
Article 26   The competent authority may, according to the provisions of Paragraphs 1 and 2, Article 72 of the Act, order a consignee to
submit a report on the trust affairs and the status of trust estates, and may send personnel to make examination at any time.
For the report or the result of the examination as referred to in the above paragraph, where it is deemed as necessary for
protecting the trust estates or correcting the trust affairs, the competent authority may order the consignee to provide equivalent
guaranty or perform other proper disposal.
Article 27   On occurrence of any of the following misconducts committed by a public-welfare trust, the competent authority shall notify
the consignor, the trust supervisor, and the consignee to express their opinions within 15 days. In case that they don’t express
their opinions within the time limit or there is no due reason although they have expressed opinions, the competent authority
may abolish the permission or make other necessary disposal in accordance with the provision of Paragraph 1, Article 77 of
the Act:
1.Infringing the conditions for permission of establishment or supervision orders;
2.Committing any behavior harmful to the public welfare;
3.Having not held any activities for three consecutive years without any due reason.
Article 28   Where a public-welfare trust is eliminated because a cause as prescribed in the trust behavior occurs, or the purpose of trust has
been achieved or can not be achieved, the consignee shall report the cause and date of elimination to the competent authority
within one month after elimination in accordance with the provision of Article 80 of the Act.
Article 29   Upon elimination of the public-welfare trust relation, the consignee shall prepare the following documents, and report them to
the competent authority within 15 days after they are admitted by the trust supervisor:
1.Report on disposal of trust affairs;
2.Statement on final settlement;
3.Suggestions on attribution of the trust estates and other related affairs.
Article 30   The formats of the letters and tables required in these Regulations shall be prescribed by the competent authority.
Article 31   These Regulations shall become effective as of the date of promulgation.