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Financial Supervisory Commission
Laws and Regulations Retrieving System

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Title: Regulations Governing the Selection and Hiring of Scholars and Fair and Impartial Persons for the CPA Discipline Committee and Disciplinary Rehearing Committee Ch
Date: 2008.02.21
Legislative: 1. Full text of 5 articles adopted and issued per 21 February 2008 Order No. Financial-Supervisory-Securities-VI-0970005860 of the Financial Supervisory Commission, Executive Yuan; for enforcement from the date of issuance
Content:

Article 1
These Regulations are adopted pursuant to Article 67, paragraph 3 of the Certified Public Accountant Act (the "CPA Act").

Article 2
The CPA Discipline Committee (the "Discipline Committee") and the CPA Disciplinary Rehearing Committee (the "Rehearing Committee") shall select and hire five scholars and five impartial persons, with expertise in law or accounting, to serve as committee members.

Article 3
The "Scholars or fair and impartial persons with expertise in law or accounting" under Article 67, paragraph 2, subparagraph 2 of the CPA Act may not be practicing CPAs, and shall be selected and hired from among candidates meeting the qualifications in any of the following subparagraphs:
1. Persons who have served as a full professor, associate professor, or assistant professor in a domestic or foreign university or independent college or higher level school(s) for at least 5 years in total, and have expertise in subjects related to law, accounting, auditing, internal auditing, or tax, and who are highly regarded in their field.
2. Persons who have worked as a judge, prosecutor, or lawyer for at least 5 years, and who are highly regarded in their field.
3. Persons who have graduated from a domestic or foreign university, and have learning and experience in subjects related to accounting, auditing, internal auditing, law, or tax, and who are highly regarded in their field.
In the selection and hiring of committee members, in addition to compliance with the preceding paragraph, attention shall be paid to the person's moral character and ethical integrity, and consideration shall be given to the representativeness and balance of the candidates in each category, among which one to two persons shall have professional backgrounds in law, and three to four persons shall have backgrounds in accounting, auditing, internal auditing, or tax.
Committee members shall serve a term of 2 years, and upon the expiration of the term may be rehired. In principle, rehiring should be on a one-time-only basis.

Article 4
A person to whom any of the following circumstances applies may not be selected and hired as a committee member; if already serving, such member shall be dismissed:
1. Anyone falling in circumstances in any subparagraph of Article 6 of the CPA Act.
2. A person of 65 years of age or above, provided that this shall not apply to a person who turns 65 before the expiration of the term.
3. A person who three times fails without due cause to attend a meeting of the Discipline Committee or the Rehearing committee.
4. A person in respect of whom there is any other fact sufficient to deem the person unfit to serve as a committee member.

Article 5
These Regulations enter into force from the date of issuance.

Data Source:Financial Supervisory Commission Laws and Regulations Retrieving System