Implementation Regulations Governing Applications for Conversion into a Private School Endowment Corporation Article 10
In cases where the incorporated private school is allowed to continue following the merger, its board of directors within four months after said merger plan has been approved by the competent authority of the newly formed entity, shall check if the charter rules and operations of the continuing school endowment corporation meet the provisions outlined within the Act and its amendments. In cases where they do not, they shall be corrected as such. Furthermore, the name of said incorporated private school as stated in the charter rules, shall be amended to read as the name of the school endowment corporation following the merger, after which it shall be sent to the competent authority of the newly formed entity for approval.In accordance with the provisions detailing the rules of continuing incorporate private schools referred to in the preceding paragraph, the board of directors within three months following the ratification of the Rules, shall choose once again board members and re-elect the board president of the new school endowment corporation, with term limits of the board being reset, after which it shall be approved by the competent authority of the newly formed entity. However, the number of board members and the necessary qualifications as referred to in the charter rules shall remain unchanged. If board members of the continuing juristic person and its schools are re-elected for another term, their term limits shall remain unchanged.After the merger, in accordance with personnel qualifications referred to in the charter rules of the new school endowment corporation, within thirty days of the ratification of the president of the board, the board of directors shall elect supervisors, who shall be ratified by the competent authority of newly formed entity.Following the ratification of the supervisors, the board president shall have thirty days to submit the following to the competent authority of newly formed entity: A written request for change in registration, the charter rules of the school endowment corporation, an asset list, other related documentation. The competent authority of the newly formed entity shall relay the information to the court, which registered the continuation of the incorporated private school, to handle the change in registration of said school endowment corporation.
中文原文 財團法人私立學校申請變更組織作業辦法第10條
變更後之主管機關許可為存續合併者,存續之財團法人私立學校董事會應於該合併計畫經變更後之主管機關許可後四個月內,就存續之財團法人私立學校捐助章程中之組織與運作等事項不符本法修正後之規定者,予以修正,並應將原捐助章程財團法人私立學校之名稱修正為合併後學校法人之名稱,報變更後之主管機關核定。
存續之財團法人私立學校董事會應依前項所定學校法人捐助章程規定,於捐助章程核定日起三個月內完成合併後學校法人董事之重新改選、董事長之重新選舉,其任期重新起算,並報變更後之主管機關核定。
但捐助章程所定董事總額、資格不變,並由存續之財團法人私立學校董事會董事續任時,其任期照舊。
前項合併後學校法人董事會應於董事長核定日起三十日內,依第一項學校法人捐助章程所定資格,遴聘監察人,並報變更後之主管機關核定。
合併後學校法人應於前項監察人核定日起三十日內,由董事長檢具合併後學校法人變更登記聲請書、學校法人捐助章程、學校法人財產清冊及相關證明文件,報變更後之主管機關核轉存續之財團法人私立學校設立登記時之該管法院,辦理法人變更登記。
存續之財團法人私立學校董事會應依前項所定學校法人捐助章程規定,於捐助章程核定日起三個月內完成合併後學校法人董事之重新改選、董事長之重新選舉,其任期重新起算,並報變更後之主管機關核定。
但捐助章程所定董事總額、資格不變,並由存續之財團法人私立學校董事會董事續任時,其任期照舊。
前項合併後學校法人董事會應於董事長核定日起三十日內,依第一項學校法人捐助章程所定資格,遴聘監察人,並報變更後之主管機關核定。
合併後學校法人應於前項監察人核定日起三十日內,由董事長檢具合併後學校法人變更登記聲請書、學校法人捐助章程、學校法人財產清冊及相關證明文件,報變更後之主管機關核轉存續之財團法人私立學校設立登記時之該管法院,辦理法人變更登記。