Article 1 |
These Procedures are adopted pursuant to paragraph 2 of Article 33 of the Statute Governing Relations Between the People of the Taiwan Area and Mainland Area (the "Statute")
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Article 2 |
The Ministry of Finance shall be the Competent Authority for these Procedures.
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Article 3 |
Taiwan-area certified public accountants (CPA) and their assistants may, with the approval of the Competent Authority, be enrolled as non-practicing ("lay") members of the Mainland-Area Chinese Institute of Certified Public Accountants (the "Institute").
After being approved for enrollment as lay members, persons in the preceding paragraph may, with the approval of the Competent Authority, serve as member delegates or directors of the Institute, or enroll as lay members in other registered CPA associations in the Mainland area.
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Article 4 |
Before Taiwan-area CPAs and CPA assistants undertake the actions in Article 3, the accounting firms to which they belong shall file an application and relevant documents with the National Federation of Certified Public Accountants Association of the Republic of China (the "CPA Association").
When the CPA Association reviews an application case referred to in the preceding paragraph and finds the application content and relevant documents in good order, it shall forward the application and documents and the findings of its review by letter to the Competent Authority for approval.
If the application and documents submitted by an accounting firm are incomplete and the accounting firm fails to make all necessary supplementations by a deadline set by the CPA Association, the CPA Association may forward the application and documents in a letter to the Competent Authority for dismissal of the application case.
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Article 5 |
The Competent Authority, based on national policy considerations or CPA administration needs, may deny approval for applications for the actions in Article 3.
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Article 6 |
If any of the following circumstances applies to a Taiwan-area CPA or CPA assistant who has been approved for the actions in Article 3 the accounting firm to which he or she belongs shall file a report and relevant documents with the CPA Association within 10 days of the date the fact occurred:
- He or she leaves or is relieved of the position of member delegate or director of the Institute;
- He or she withdraws from the Institute;
- Other circumstances of which the Competent Authority requires recordation.
The provisions of paragraphs 2 and 3 of Article 4 shall apply mutatis mutandis to the handling of reports accepted by the CPA association pursuant to the preceding paragraph, and such reports shall be forwarded by letter to the Competent Authority for recordation.
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Article 7 |
If a Taiwan-area CPA or CPA assistant, who has applied and received approval pursuant to these Procedures, is subsequently found, in word or action, to breach national policy or CPA administration objectives or impair national dignity, or misrepresentations or concealments are found in the documents annexed to an application or report, the Competent Authority shall revoke the approval, and may refuse to entertain another application by such person within a period of three years.
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Article 8 |
A Taiwan-area CPA or CPA assistant who is a member delegate or director of the Mainland-Area Chinese Institute of Certified Public Accountants shall, within one month after the close of each conference or activity participated in, prepare a report on the objectives of such conference or activity, the major points of discussion, and the conclusions reached. The accounting firm to which he or she belongs shall forward the report to the Competent Authority for its records, and shall submit a copy of the report to the CPA Association.
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Article 9 |
A Taiwan-area CPA or CPA assistant who, without permission, enrolls in the Mainland-Area Chinese Institute of Certified Public Accountants as a lay member or serves as a member delegate or director of the Institute shall be punished pursuant to Article 90 of the Statute.
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Article 10 |
The Competent Authority shall separately prescribe the format of documents required under these Procedures.
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Article 11 |
These Procedures shall take force on the date of promulgation.
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