Foundations Act Article 63

If a public-endowed foundation with any of the following circumstances and thus required enhanced supervisor, upon the competent authority’s designation, subparagraphs (1) and (2) of the first paragraph of Article 51, Article 54, the first and third paragraphs of Article 56 and subparagraphs (1), (3) and (4) of the first paragraph and the second to fifth paragraphs of Article 57 shall apply mutatis mutandis to such foundation:(1) The property endowed by government agencies, public legal persons, government-owned enterprises or government-endowed foundations reaches 20 percent or more of the foundation’s total endowment property before this Act becomes operative;(2) The property endowed or donated by government agencies, public legal persons, government-owned enterprises or government-endowed foundations reaches 20 percent or more of the foundation’s total fund before this Act becomes operative;(3) The foundation’s personnel, financial and operation affairs is directly or indirectly controlled by the government; or(4) Other foundations established in accordance with the Civil Code and laws or regulations other than this Act with specific mission and specific financial resources to fund its operation.Any person who avoids, impede or refuse the inspection or provision of materials and thus violates the preceding paragraph relating to the mutatis mutandis application of the first paragraph of Article 56 shall be subject to a fine of not less than NT$30,000 and not more than NT$150,000, and may be fined at each violation thereafter.In order to supervise and ensure the normal operation and sound development of a foundation under the first paragraph, the competent authority may stipulate supervisory regulations in relation to the management and use of properties, items and procedures for investments, performance evaluations, part-time pay of directors and supervisors, salary and bonus of the chairperson and other personnel, exercise of director and supervisor duties and other relevant matters.A public-endowed foundation which meets any of the following conditions shall be presumed to be directly or indirectly controlled by the government of its personnel, financial or operation affairs under subparagraph (3) of the first paragraph:(1) The foundation has one half or more directors selected, designated, recommended by the government or concurrently served by the public servants in accordance with its charter of endowment;(2) The government agency has the power and authority to decide or recommend the foundation’s chairperson or other executive officers who are in charge of executing management policy;(3) The foundation’s budgets and final accounts are required to be submitted to the competent authority for approval in accordance with laws, regulations or the charter of endowment; or(4) The foundation’ s management policy, operation plan or operation rules are required to be submitted to the competent authority for approval in accordance with laws, regulations or the charter of endowment.In accordance with the first paragraph which provides for mutatis mutandis application of subparagraphs (1) and (3) of the first paragraph of Article 57, a person shall be ordered to make a correction within a specified time period and shall be removed from office only after such person fails to make a correction with the specified time period.