| Article 58 |
（Penalties）
The responsible person or staff of a Bills Finance Company may be punished to a fixed-term imprisonment of not less than 3 years and not more than 10 years, plus an applicable fine of not less than NT$10,000,000 and not more than NT$200,000,000, for causing any damage to the property or other interests owned by the Bills Finance Company by committing any conduct in violation of their job responsibilities with the intent of receiving illegal gains for the interest of such individual or any third party, or to cause any damage to the Bills Finance Company. If the valuables or property interests acquired from such criminal conduct has exceeded NT$100,000,000, a punishment of fixed-term imprisonment for not less than 7 years, plus an applicable fine of not less than NT$25,000,000 and not more than NT$500,000,000 will be imposed.
If the responsible person(s) and two or more staff members jointly commit the acts described in the preceding paragraph, the punishment may be increased by up to one-half of the above specified punishment.
Commencement of the acts described in Paragraph 1, above, without completion thereof shall be [equally] punishable. |
| Article 58- 1 |
（Penalties）
Whoever, with the intent of taking possession for that individual or any third party, causes the Bills Finance Company to deliver any valuable of the Bills Finance Company or any third party by fraud, or produces any record of acquisition or loss, or change of property right by entering false information or wrongful direction into a computer or relevant equipment of the Bills Finance Company, will be punished to a fixed-term imprisonment of not less than 3 years and not more than 10 years, plus an applicable fine of not less than NT$10,000,000 and not more than NT$200,000,000 if the valuables or property interests acquired from such criminal conduct has exceeded NT$100,000,000.
A person who by the means specified in the preceding paragraphs procures an illegal benefit for himself or for a third person shall be subject to the same punishment.
Commencement of the acts described in the preceding two paragraphs without completion thereof shall be [equally] punishable. |
| Article 58- 2 |
（Penalties）
An offender of Articles 58 or 58-1 who turns himself in after committing the crime and voluntarily submits any or all of the criminal gains shall have a lighter or discharge of punishment imposed; if another offender or an accomplice is discovered, the punishment shall be discharged.
An offender of Articles 58 or 58-1 who confesses during the investigation and voluntarily submits any or all of the criminal gains shall have a lighter punishment imposed; if another offender or an accomplice is discovered, the punishment shall be reduced to one-half of the original penalty.
If the criminal gain of any valuables or property interests acquired by an offender of Articles 58, Paragraph 1 or 58-1 Paragraph 1 and Paragraph2 has exceeded the maximum fine, the penalty may be increased up to the amount of such criminal gain of any valuables or property interests; the punishment shall be increased for another one-half of the original penalty if the stability of the financial market is harmed thereof. |
| Article 58- 3 |
（Penalties）
Where a gratuitous act done by a responsible person or staff member of a Bills Finance Company under Article 58, Paragraph 1, or by a committer of a violation under Article 58-1, Paragraph 1, is prejudicial to the rights of a Bills Finance Company, the Bills Finance Company may apply to the court to cancel such act.
Where a non-gratuitous act done by a responsible person or staff member of a Bills Finance Company or a committer of a violation as referred to in the preceding paragraph is done with the knowledge, at the time of commission, that it would be prejudicial to the rights of a Bills Finance Company, and the beneficiary of the act also knows such circumstances at the time the benefit is received, the Bills Finance Company may apply to the court to cancel such act.
When applying to the court for cancellation under either of the preceding two paragraphs, a party may also apply to the court to order the beneficiary or any party to whom the benefit has been transferred to restore the status quo ante; provided, this shall not apply where the party to whom the benefit has been transferred was not aware at the time of transfer that there was any cause for cancellation.
Any disposition of property between a responsible person or staff member of a Bills Finance Company or a committer of a violation as referred to in Paragraph 1, and such person's spouse, lineal relative, cohabiting relative, head of household, or family member shall be deemed a gratuitous act.
Any disposition of property between a responsible person or staff member of a Bills Finance Company or a committer of a violation as referred to in Paragraph 1 and any person other than those set forth in the preceding paragraph shall be presumed to be a gratuitous act.
The right to cancellation under Paragraphs 1 and 2 shall be extinguished one year after the time the Bills Finance Company is aware of any cause for cancellation if the Bills Finance Company fails to exercise the right, or ten years after the time of the act. |
| Article 58- 4 |
（Penalties）
The crimes set forth in Paragraph 1 of Article 58 and Paragraph 1 of Article 58-1 are serious crimes as defined in Article 3, Paragraph 1, of the Money Laundering Control Act, and are subject to the application of relevant provisions of the Money Laundering Control Act. |
| Article 59 |
（Penalties）
In the event of a violation of measures ordered by the Competent Authority pursuant to Article 52 that shall apply mutatis mutandis to Article 62, Paragraph 1 of the Banking Act, which is sufficient to cause damage to others or the public, the person(s) responsible for the violation shall be punishable by imprisonment for not less than one (1) year and not more than seven (7) years, and [at the discretion of the court] a fine of not more than twenty million New Taiwan Dollars (NT$20,000,000).
Commission of any of the following acts by a Bills Finance Company's responsible person or staff members in connection with the Competent Authority having sent officials to supervise or take over the business operations of the Bills Finance Company, an order to suspend the business, or resolution measures shall be punishable by imprisonment for not less than one (1) year and not more than seven (7) years and [at the discretion of the court] a fine of not more than twenty million New Taiwan Dollars (NT$20,000,000):
1. Refusing to deliver the books, documents, chops and assets related to the Bills Finance Company's business or financing to the supervisors, receivers or resolution managers designated by the Competent Authority, refusing to provide information as to necessary matters in connection with the assets and liabilities of the Bills Finance Company to such persons, or refusing such persons' request to carry out necessary acts for supervising, taking over or resolving said Company;
2. Concealing or destroying the books or other documents regarding the Bills Finance Company's business or financial condition;
3. Concealing or destroying the Bills Finance Company's properties, or other acts to the detriment of creditors;
4. Failing to reply, without justification, to inquiries from officials sent by the Competent Authority to supervise or take over or to take steps to resolve the Bills Finance Company's business operations; or
5. Fabricating claims or accepting false claims. |
| Article 60 |
（Penalties）
In the event of a violation of Article 49 [of this Act] that shall apply mutatis mutandis to Articles 32, 33, 33-2 or 33-4 of the Banking Act, the person(s) responsible for the violation shall be punishable by imprisonment for not more than three (3) years, or detention, and/or a fine of not less than five million New Taiwan Dollars (NT$5,000,000) and not more than twenty-five million New Taiwan Dollars (NT$25,000,000).
In the event that the amount of credit extended by a Bills Company exceeds the maximum amount prescribed by the Competent Authority under Article 49 [of this Act] that shall apply mutatis mutandis to Article 33, Paragraph 1, of the Banking Act, without obtaining approval from not less than three-quarters of the directors present at a board meeting at which not less than two-thirds of the directors are present, or a violation of the credit limit or total outstanding credit as prescribed by the Competent Authority under Article 49 [of this Act] that shall apply mutatis mutandis to Article 33, Paragraph 2, of the Banking Act, the person(s) responsible for the violation shall be punishable by a fine of not less than two million New Taiwan Dollars (NT$2,000,000) and not more than twenty million New Taiwan Dollars (NT$20,000,000) and the preceding paragraph shall not apply. |
| Article 61 |
（Penalties）
In the event of a violation of Article 6 or Article 8, Paragraph 1, the person(s) responsible for the violation shall be punishable by imprisonment for not more than three (3) years, or detention, and/or a fine of not more than five million New Taiwan Dollars (NT$5,000,000). |
| Article 62 |
（Penalties）
In the event of a violation of Article 11, Paragraph 2 [of this Act], the responsible person or staff members of a Bills House shall be punishable by imprisonment for not more than three (3) years, or detention, and/or a fine of not more than five million New Taiwan Dollars (NT$5,000,000). |
| Article 63 |
（Penalties）
If the responsible person(s) or a staff member of a Bills Finance Company violates Article 11, Paragraph 3 of this Act with respect to concurrently holding positions in other Bills Finance Companies or financial institutions, such person shall be punishable by a fine of not less than two million New Taiwan Dollars (NT$2,000,000) and not more than twenty million New Taiwan Dollars (NT$20,000,000). If the staff member was assigned to such concurrent position by the [employer] Bills Finance Company, the punishment shall be imposed on the Bills Finance Company. |
| Article 64 |
（Penalties）
Commission of any of the following acts shall be punishable by a fine of not less than two million New Taiwan Dollars (NT$2,000,000) and not more than twenty million New Taiwan Dollars (NT$20,000,000):
1. Violation of Article 16, Paragraph 1 of this Act;
2. Violation of Article 19 of this Act;
3. Conducting business without the Competent Authority's approval in violation of Article 21, Paragraph 3, of this Act;
4. Violation of Article 28, Paragraph 1, of this Act;
5. Violation of restrictions imposed by the Competent Authority under Article 30, Paragraph 1, of this Act;
6. Violation of the total outstanding amount prescribed by the Competent Authority under Article 31, Paragraph 1 of this Act;
7. Violation of the business or financial ratio restrictions or measures prescribed by the Competent Authority under Article 33 of this Act;
8. Violation of the ratios, restrictions or measures prescribed by the Competent Authority under Article 41 of this Act;
9. Failure to establish an internal control and audit system or diligently maintain such system in accordance with Article 43 of this Act;
10. Failure to submit financial statements and reports in accordance with Article 47, Paragraph 1, of this Act; or failure to increase capital within the prescribed period of time, or failure to follow restriction or suspension orders in accordance with Article 47, Paragraph 2. |
| Article 65 |
（Penalties）
If the responsible person(s) or staff member(s) of a Bills House or its related party(ides) commit any of the following acts in the situation where the Competent Authority has ordered him/her/it to submit a financial statement, report or other related documents within a prescribed period of time pursuant to Article 44 of this Act, or dispatches officials, mandates appropriate institutions or designates professional and technical persons to inspect the business, financial condition, and other related matters pursuant to Article 45 of this Act, the Bills House or its related party(ies) shall be punishable by a fine of not less than two million New Taiwan Dollars (NT$2,000,000) and not more than twenty million New Taiwan Dollars (NT$20,000,000):
1. Refusing to be investigated or refusing to open the vault or other storage facilities;
2. Concealing or destroying books and documents related to business or financial conditions;
3. Refusing to answer without justifiable reasons or falsely answering inquiries of the investigator;
4. Failing to timely, honestly or completely provide financial statements, reports or documents required by the Competent Authority, or to pay investigation fees within the time period(s) specified therefor.
The responsible person and staff member(s) of the Short-Term Bills central custody, account, and settlement institutions who commit any of the acts referred to in the preceding paragraph, Items 1 through 4 shall be punishable in accordance with the preceding paragraph. |
| Article 66 |
（Penalties）
Commission of any of the following acts shall be punishable by a fine of not less than one million New Taiwan Dollars (NT$1,000,000) and not more than ten million New Taiwan Dollars (NT$10,000,000):
1. Hiring a person and failing to register said person with the BHA in accordance with Article 12, Paragraph 1 or Paragraph 3;
2. Violation of Article 24, Paragraph 2, of this Act;
3. Violation of Article 26, Paragraph 1, of this Act; the bills house sells short-term bills in physical or dematerialized forms without delivering them to central depository custody institution for custody or issuance registration;
4. Violation of Article 29, of this Act;
5. Violation of the restrictions prescribed by the Competent Authority under Article 31, Paragraph 2, of this Act;
6. Violation of the time periods and the total outstanding amount limits prescribed by the Competent Authority under Article 37 of this Act;
7. Violation of Article 38, Paragraph 1 of this Act or the aggregate transaction amounts prescribed by the Competent Authority under Article 38, Paragraph 2;
8. Violation of the issuance limits prescribed by the Competent Authority under Article 39 of this Act;
9. Violation of the investment restrictions under Article 40, Paragraph 1, of this Act;
10. Violation of the guidelines prescribed by the Competent Authority under Article 40, Paragraph 2, with respect to enforcement or restriction orders or orders to take or not take particular actions;
11. Violation of the investment restrictions under Article 40, Paragraphs 3 through 6 of this Act;
12. Violation of the period of time specified under Article 50 of this Act shall apply mutatis mutandis to Article 76 of the Banking Act. |
| Article 67 |
（Penalties）
Unless otherwise prescribed by this Act, other violations of this Act or the related mandatory or restriction orders authorized by this Act or failure to perform obligations ordered to be performed shall be punishable by a fine of not less than five hundred thousand New Taiwan Dollars (NT$500,000) and not more than two million five hundred thousand New Taiwan Dollars(NT$2,500,000). |
| Article 68 |
（Compensation claim）
After having been punished pursuant to Articles 64 through 67 of this Act, the person punished shall be entitled to claim compensation from the person(s) actually responsible for the violation. |
| Article 69 |
（Penalized entity and request for remedies）
The amount of the fines prescribed by this Act shall be determined and collected by the Competent Authority. The penalized party may appeal such decision in accordance with the procedures for administrative appeals and administrative proceedings. During the period of administrative appeal and administrative proceedings, the execution of said penalty may be suspended by the posting of a bond in the appropriate amounts. |
| Article 70 |
（Order for business suspension）
In the event of failure to pay an administrative fine prescribed in this Act within the prescribed period of time, a surcharge for late payment shall be levied, and calculated at the rate of one percent (1%) of the amount of the fine in arrears for each day of delay, starting from the day following the expiry of the prescribed period of time. If the payment of the fine still has not been made thirty (30) days therefrom, the case shall be referred to the court for compulsory execution and the Central Competent Authority may, in addition, suspend the business of the relevant Bills House or its branch(es). |
| Article 71 |
（Revocation of permits）
A Bills House which has been penalized in accordance with this Chapter and which fails to take corrective measures within the period of time specified therefor may be punishable by consecutive penalties imposed daily until the corrective measures are taken. If a Bills House repeatedly violates the provisions of this Act; or where the violations are of a serious nature, the Bills House may be ordered to replace the responsible person within a specified period of time or the license of the Bills House may be cancelled. |
| Article 71- 1 |
（Confiscation of criminal proceeds）
Any criminal gain received by the actor, or any individual, juridical person, or unincorporated association under Article 38-1(2) of the Criminal Code due to the offenses of the Act shall be returned to the victims, or any person entitled to claim for damages, or shall otherwise be confiscated. |
| Article 71- 2 |
（Labor service）
If a person commits an offense specified in this Law and fails to pay a fine of over fifty million New Taiwan Dollars (NT$50,000,000), the fine shall be commuted to labor for not more than two (2) years and the rate of commutation will be the ratio that the amount of the fine bears to the number of days in two (2) years; in the event of a failure to pay a fine of over one hundred million New Taiwan Dollars (NT$100,000,000), the fine shall commute to labor for not more than three (3) years, and the rate of commutation to be used will be the ratio that the amount of the fine bears to the number of days in three (3) years. |