| Article 5 |
Anyone with any of the following condition is not eligible to take the role of the responsible person at a service enterprise engaged in interbank credit information processing and exchange, including the role of director, supervisor, president, vice president, assistant vice president, manager, assistant manager and any other positions with different titles but with the same responsibilities.
1. Any person with no legal capacity or limited legal capacity or subject to the commencement of assistance and those orders have not yet been revoked.
2. Any person who has received a final and unappealable conviction for violation of the provisions of the Organized Crime Prevention Act.
3. Any person who has received a final and unappealable sentence to not less than imprisonment for currency counterfeiting, securities counterfeiting, embezzlement, fraud, or breach of trust, and either the prison sentence has not yet been completed or ten years have not yet elapsed since the person completed the sentence, received a suspended sentence, or was granted a pardon.
4. Any person who has received a final and unappealable prison sentence for document forgery, breach of confidentiality, usury, defrauding of creditors, or a violation of the Tax Collection Law, the Trademark Law, the Patent Law, or any other regulations governing industry or commerce, and either the prison sentence has not yet been completed or five years have not yet elapsed since the person completed the sentence, received a suspended sentence, or was granted a pardon.
5. Any person who has received a final and unappealable prison sentence for corruption, and either the prison sentence has not yet been completed or five years have not yet elapsed since the person completed the sentence, received a suspended sentence, or was granted a pardon.
6. Any person who has received a final and unappealable prison sentence for violation of the Banking Law, the Financial Holding Company Act, the Trust Enterprise Act, the Act Governing Bills Finance Business, the Financial Assets Securitization Act, the Clauses of the Real Estate Securitization Act, the Act Governing Issuance of Electronic Stored Value Cards, the Insurance Law, the Securities and Exchange Law, the Futures Trading Law, the Securities Investment Trust and Consulting Act, the Statute for Regulation of Foreign Exchange, the Credit Cooperative Law, the Agricultural Finance Law, the Farmers Association Act, the Fishing Activities Act, the Money Laundering Prevention Law, or any other law governing financial matters, and either the prison sentence has not yet been completed or five years have not yet elapsed since the person completed the sentence, received a suspended sentence, or was granted a pardon.
7. Any person who has been adjudicated bankrupt and has not yet had his or her rights reinstated.
8. Any person who served as the responsible person of a juristic person at the time it was adjudicated bankrupt, where either five years have not yet elapsed since completion of the bankruptcy proceedings, or the person has failed to fulfill the terms of the bankruptcy agreement.
9. Any person who has been rejected for using any bills, or has not been restored with his or her right to use the bills, or has records of insufficient deposit that leads to rejection within three years after restoring the right of using bills.
10. Any person who has experienced an event causing serious loss of good credit standing and the problem remains unresolved, or five years have not yet elapsed since resolution.
11. Any person who has been ordered replaced or dismissed within the past five years by the Competent Authority due to violation of the Banking Law, the Financial Holding Company Act, the Trust Enterprise Act, the Act Governing Bills Finance Business, the Financial Assets Securitization Act, the Clauses of the Real Estate Securitization Act, the Act Governing Issuance of Electronic Stored Value Cards, the Insurance Law, the Securities and Exchange Law, the Futures Trading Law, the Securities Investment Trust and Consulting Act, the Credit Cooperative Law, the Agricultural Finance Law, the Farmers Association Act, the Fishing Activities Act, or any other law governing financial matters.
12. Any person who has received a final and unrepealable detention sentence for hooliganism, or has been ordered to perform forced labor for theft or the handling of stolen goods, where the term of forced labor has not yet been completed or five years have not yet elapsed since completion.
13. Any person for whom there is evidence to prove that he or she has engaged or been involved in dishonest or improper activities or acts, or who does not have the ability to operate in a sound and effective manner a service enterprise engaged in interbank credit information processing and exchange, and is therefore demonstrably unfit to serve as a responsible person of a service enterprise engaged in interbank credit information processing and exchange.
Where a government agency or juristic person is a shareholder, if the natural person acting as the representative or designated representative thereof serves as a director or supervisor, the provisions of the preceding paragraph shall apply mutatis mutandis.
In the event that any responsible person at a service enterprise engaged in interbank credit information processing and exchange is found to have records stated in the first section, the same person should immediately notify the service enterprise and the service enterprise should take immediate action by reporting to the Competent Authority. |
| Article 6 |
The service enterprise engaged in interbank credit information processing and exchange should have one president, who is responsible for supervising the entire business of such service. No other person should take the same role. The president must have good codes of conduct, leadership and ability to effectively manage the business unit, and fulfill any of the following requirements:
1. Holds a bachelor's degree or higher in Taiwan or abroad, or possesses an equivalent level of education; has worked in banking for not less than nine years, including not less than three years as manager or higher at a bank's head office, or has not less than three years of equivalent experience, or has worked for not less than three years in a comparable position at a bank of comparable size; and performed well in all the above.
2. Holds a bachelor's degree or higher in Taiwan or abroad, or possesses an equivalent level of education; has worked for not less than nine years in the government in financial administration or oversight, including not less than three years at civil service Junior Rank [Class 9] or higher, in an equivalent position; and performed well in all the above.
3. Has worked in banking for not less than five years, including not less than three years as vice president or higher of a bank, or in an equivalent position; and performed well in the above.
4. Has worked for not less than three years as vice president or higher of a service enterprise engaged in interbank credit information processing and exchange; or has worked for not less than seven years in financial information services; and performed well in the above.
5. Can present other facts sufficient to prove that he or she has leadership ability and management experience, and is capable of properly and effectively operating a service enterprise engaged in interbank credit information processing and exchange.
No one shall serve as president of a service enterprise engaged in interbank credit information processing and exchange until documents proving his or her qualifications have been submitted for review to the Competent Authority and been approved thereby. |
| Article 7 |
The vice president, assistant vice president, manager and/or anyone with the equivalent job responsibility in the service enterprise engaged in interbank credit information processing and exchange should have good codes of conduct, leadership and ability to effectively manage the business unit, and fulfill any of the following requirements:
1. Holds a bachelor's degree or higher in Taiwan or abroad, or possesses an equivalent level of education; has worked in banking for not less than five years, including experience as assistant manager or higher at a bank's head office, or equivalent experience, or experience in a comparable position at a bank of comparable size; and performed well in the above.
2. Holds a bachelor's degree or higher in Taiwan or abroad, or possesses an equivalent level of education; has worked for not less than five years in the government in financial administration or oversight, including experience at civil service Junior Rank [Class 8] or higher, or experience in an equivalent position; and performed well in the above.
3. Has worked in banking for not less than three years, including experience as manager or higher of a bank, or experience in an equivalent position; and performed well in the above.
4. Has worked for not less than five years at a service enterprise engaged in interbank credit information processing and exchange, or has worked for not less than five years in financial information services, including experience at the rank of manager or higher, or experience in an equivalent position; and performed well in the above.
5. Can present other facts sufficient to prove that he or she is knowledgeable in the fields of finance and information technology, and is capable of properly and effectively operating a service enterprise engaged in interbank credit information processing and exchange.
Within 30 days from the day on which any person assumes the position of vice president, assistant vice president or manager of a service enterprise engaged in interbank credit information processing and exchange, the enterprise shall submit documentation of the person's qualifications to the Competent Authority for acknowledgement. |