| Article 5 |
A disposed issuer may file an appeal if it disagrees with a disposition by the TPEx to terminate TPEx trading of stock made under Article 11, paragraph 7; Article 12-2, paragraph 1 (except subparagraph 1); or Article 13-1, paragraph 1 (except subparagraph 1) of the Taipei Exchange Rules Governing Securities Trading on the TPEx (hereinafter, the "Trading Rules").
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| Article 6 |
A disposed issuer under the preceding article shall file its appeal by submitting its written statement of appeal and related documentation to the TPEx within 7 days counting inclusively from the day following the date of issuance of the TPEx disposition letter.
The disposed issuer shall pay the TPEx a lump-sum appeal review fee of NT$200,000, which will not be refunded under any circumstances once it has been accepted by the TPEx.
An appeal case will not be entertained if the appeal fee has not been paid in full in accordance with the preceding paragraph.
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| Article 7 |
After the TPEx entertains an appeal, it shall promptly convene a TPEx Delisting Appeal Review Committee (referred to as "the Committee" in Chapter II, Section 1), and shall serve the meeting notice and meeting materials to each committee member by 5 days before the meeting date.
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| Article 8 |
The Committee shall have five members, consisting of three internal reviewers and two external reviewers, who furthermore may not have any interest relationship with respect to the appeal case to be reviewed. The members shall be as follows:
- The internal reviewers: three directors designated by the competent authority on the TPEx board of directors; among whom, the chairman shall be included.
- External reviewers: one legal expert and one finance/accounting expert.
The position of Committee chair shall be held by the TPEx chairman. If the chairman is for some cause unable to serve as internal reviewer and chair, the chairman may appoint another of the directors representing the competent authority to serve as such.
The external reviewers under paragraph 1, subparagraph 2 shall be selected from the Roster of Qualified Finance/Accounting Experts and Legal Experts for Initial TPEx Stock Listing Cases.
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| Article 9 |
Each meeting of the Committee shall be attended by all the members and may be convened only upon their full attendance. However, in the event of a natural disaster, unforeseen event, or other force majeure event that makes it impossible for the members to attend in their full number, this restriction shall not apply if at least two internal reviewers and one external reviewer are in attendance.
When the Committee meets, the members shall attend in person, and may not appoint any other person to attend on their behalf; nor may they appoint any other person to exercise powers on their behalf in a meeting. However, a member who participates in a meeting by video conferencing shall be deemed to have attended in person.
If a member leaves early, that member may not exercise voting rights. The chair of a meeting shall adjourn the meeting if, due to an early departure of a member, the quorum in paragraph 1 is not met by the members in attendance. Notwithstanding the foregoing, if the minimum quorum in the proviso to paragraph 1 is met, the meeting may continue.
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| Article 10 |
The appellant may appear and state opinions at the meeting or do so in writing.
If the appellant or an agent(s) thereof appears at the meeting to state opinions, their presence shall be limited to three persons.
The Committee shall hold discussions on the documents provided and opinions stated by the appellant and the disposing department.
When the chair is of the opinion that the appeal case has been discussed to a degree sufficient to put it to a vote, the chair may announce the discussion closed and bring the matter to vote.
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| Article 11 |
The voting method in reviews of appeal cases by the Committee shall be an open-ballot one-time vote, cast either to approve or not approve the appeal.
If a majority of the members in attendance vote to approve the appeal, it is decided that the appeal has merit, and the TPEx shall void the original announcement of the disposition terminating TPEx trading.
If there is not a majority of the members in attendance who vote to approve the appeal, it is decided that the appeal is without merit, and the original disposition terminating TPEx trading shall be upheld.
The appellant shall be notified of the result of the appeal review, and the result shall be reported to the competent authority for recordation and reported at the soonest meeting of the board of directors.
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| Article 12 |
The ballots for the open-ballot voting under the preceding article shall be designed and provided by the TPEx. When voting, a member shall clearly indicate approval or non-approval on the ballot and specify the reasons for approval or non-approval. A blank ballot indicating neither approval nor non-approval will be deemed a vote of non-approval of the appeal.
The ballots will be counted and recorded by the meeting chair, who will announce the voting results and issue a resolution, which will then be put into a security-sealed official envelope on which the chairperson will sign and affix the chop. The envelope will be handled in confidentiality by the TPEx.
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| Article 13 |
If, after a disposed issuer files an appeal, the TPEx, with respect to the original disposition, announces an exemption from implementation of the termination of its TPEx trading because the issuer has met the requirements under Article 12-2, paragraph 2 of the TPEx Trading Rules, the issuer's appeal shall be deemed withdrawn.
Under the circumstances of the preceding paragraph, if the Committee has already issued an appeal decision, the appeal decision shall not take effect.
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| Article 14 |
Minutes shall be taken of Committee meeting proceedings, specifying the reasons for approval or non-approval by the members in attendance, and shall be kept permanently.
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