Regulations Governing the Qualifications and Election/Appointment of Membership Representatives, Directors, Supervisors and Managerial Officers of Credit Cooperatives Article 40

Before an elected director or supervisor takes office, the amount of share capital subscribed by respective director or supervisor shall not be less than the average of 15% of total paid-in capital of the credit cooperative at the end of year prior to taking office divided by the number of directors and supervisors elected in accordance with the forgoing article to ensure that every director and supervisor will undertake the responsibilities of a director or a supervisor under the Act.Up to one half of the required share capital subscribed by a director or supervisor may be pledged to the credit cooperative in the form of certificate of deposit, government bonds, bank debentures or secured corporate bonds of equivalent value.The amount of share capital referred to in the preceding two paragraphs may not be refunded or have pledge released until a director or supervisor has been relieved from office for at least one year and after the information has been reported to the Department of Finance of municipal government or the county (city) government for reference. Notwithstanding the foregoing, a director or supervisor is not subject to the one-year restriction, provided, that the credit cooperative confirms that the director or supervisor concerned is free of any liability during the term of office and the director provides an affidavit, which is passed by a resolution of the board of directors whereby the consenting directors agree to assume joint responsibility for the amount refunded or the amount of pledge released for the remaining part of the one-year period.The application for refund of share capital or release of pledge shall be submitted no later than six months after the director or supervisor has been relieved from office for one year. The per share capital to be refunded will be determined by book value per share according to the latest examination report or the latest CPA-audited financial statement, whichever is lower, and passed by the general meeting of membership representative, which however shall not exceed the par value of share.If a director or supervisor fails to apply for refund of share capital within the time period as provided in the preceding paragraph, the refund will be handled according to the share capital refund procedure for general members.
中文原文 信用合作社社員代表理事監事經理人應具備資格條件及選聘辦法第40條
理事、監事當選就任前,應個別認繳股金不得少於就任前一年底信用合作社實收股金總額百分之十五除以依前條規定確定當選理事、監事總人數之平均數額,以擔保本法規定理事、監事應負之責任。
前項股金規定,理事、監事得於其應認繳股金二分之一範圍內,以提供存單、公債、金融債券或有擔保公司債券,設定等額之質權予信用合作社。
理事、監事於卸任一年後,由信用合作社報經直轄市政府財政局或縣(市)政府備查後,始得辦理前二項股金之減退或質權解除。
但經信用合作社查證其於任期內無應負連帶清償責任情事,經當事人切結,並經理事會決議通過,由同意之理事在上該一年之剩餘期間內,就所減退或質權解除之數額共同承擔其應負擔保責任者,得不受上述一年期間之限制。
前項申請減退股金或質權解除之最遲期限,應於理事、監事卸任一年後六個月內,以最近一次檢查報告或會計師查核簽證二者孰低,並經社員代表大會決議通過之決算每股淨值為準,計算每股退還股金。
但不得超逾每股面額。
未於前項期限內申請減退之股金,應依一般社員減退股金程序之規定辦理。

English translation for reference only; the Chinese text prevails. Not legal advice.