The Banking Act of The Republic of China Article 125-5

Where a gratuitous act committed by a bank’s responsible person or staff in Article 125-2, Paragraph 1, or by an actor in Article 125-3, Paragraph 1, is prejudicial to the bank’s rights, the bank may petition the court to revoke such act.Where a non-gratuitous act committed by a bank’s responsible person or staff or the actor prescribed in the preceding paragraph is committed with the knowledge, at the time of commission, that it would be prejudicial to the bank’s rights, and the beneficiary of the act also knows such circumstances at the time the benefit is received, the bank may petition the court to revoke such act.When petitioning the court for revocation in accordance with the preceding two paragraphs, the bank may also petition the court to order the beneficiary or the transferee to restore the status quo; provided that this does not apply where the transferee did not know, at the time of transfer, the cause for revocation.Any disposition of property between a bank’s responsible person, staff or actor in Paragraph 1 and their spouse, lineal relative, cohabiting relative, head of household, or family member shall be deemed a gratuitous act.Any disposition of property between a bank’s responsible person, staff or actor in Paragraph 1 and any person other than those prescribed in the preceding paragraph shall be presumed to be a gratuitous act.The revocation right under Paragraphs 1 and 2 shall be extinguished one year after the time the bank is aware of the cause for revocation but fails to exercise it or ten years after the time of the act.The preceding six paragraphs shall apply to the responsible person or staff of foreign banks prescribed in Article 125-2, Paragraph 4.