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Annotated Republic of China Laws/Civil Associations Act

HistoryEdit

[1]

  1. The whole enacted text of 20 articles promulgated by the People’s Government on February 10, 1942
  2. The amended title and the whole amended text of 67 articles promulgated by President Order (78) Hua-Tsung (1)-Yi-Tzu No.0516 on January 27, 1989 (Statute on the Organization of Civil Associations During the Extraordinary Period)
  3. The original title “Civil Associations Act for the Period of Communist Rebellion” amended as “Civil Associations Act”; Articles 2, 48, 52, 58~60, and 62 amended; and Article 46-1 added by President Order (81) Hua-Tsung (1)-Yi-Tzu No.3639 on July 27, 1992
  4. Article 50-1 added by President Order (82) Hua-Tsung (1)-Yi-Tzu No.7112 on December 31, 1993
  5. Articles 3 and 46-1 amended by President Order (91) Hua-Tsung (1)-Yi-Tzu No.09100075600 on April 24, 2002
  6. Articles 64 and 65 deleted, Articles 53, 55 and 58~61 amended by President Order Hua-Tsung (1)-Yi-Tzu No.09100239600 on December 11, 2002
  7. Articles 8 and 67 amended by President Order Hua-Tsung (1)-Yi-Tzu No. 09800134331 on May 27, 2009, and take effect on November 23, 2009
  8. Articles 2,36,40 and 53 deleted, Articles 5,37 and 56 amended by President Order (100) Hua-Tsung (1)-Yi-Tzu No 10000122941 on June 15, 2011

ContentsEdit

[2]

Articles 2, 53, 64 and 65 have been deleted.
Articles 46-1 and 50-1 have been added.
Articles 3, 5, 8, 37, 48, 52, 55, 56, 58 to 62 and 67 have been amended.

Chapter 1  General ProvisionsEdit

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)

(later deleted)

Article 3 (Regulating authority)

(later amended)

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)

(later amended)

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  EstablishmentEdit

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

(later amended)

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  MembersEdit

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  PersonnelEdit

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  MeetingEdit

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  FundsEdit

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 AssociationsEdit

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)

(later amended)

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 AssociationsEdit

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 AssociationsEdit

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)

(later added)

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)

(later amended)

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)

(later added)

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)

(later amended)

Chapter 10  Supervision and PunishmentEdit

Article 53 (Illegal establishment)

(later deleted)

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 55 (Abolishment of permit)

(later amended)

[[/Article 56//] (Incorporation and division)

(later amended)

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)

(later amended)

Article 59 (Cause for disincorporation)

(later amended)

Article 60 (Penal provision 1)

(later amended)

Article 61 (Penal provision 2)

(later amended)

Article 62 (Penal Provision 3)

(later amended)

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 ProvisionsEdit

Article 64

(later deleted)

Article 65

(later 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)

(later amended)

Annotated by WikibooksEdit

  1. "Civil Associations Act: Legislative History". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2017-04-14. http://law.moj.gov.tw/Eng/LawClass/LawHistory.aspx?PCode=D0050091. Retrieved 2017-04-21. 
  2. "Civil Associations Act". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 1993-12-31. http://law.moj.gov.tw/Eng/news/news_detail.aspx?id=1261. Retrieved 2017-04-21.