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5
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The TWSE will conduct a periodic review of the industry category of all listed companies on a biyearly basis. For any company which has changed the nature of its business or has adjusted its business strategy, the industry category to which it belongs shall be adjusted in accordance with Points 3 and 4 above based on its financial statements for the most recent two (2) fiscal years submitted by the said company pursuant to the provisions of Article 36 of the Securities and Exchange Act. The adjustment of the applicable industry category shall take effect upon being publicly announced after it has been reported to and approved by the competent authority; provided that where a company has changed the nature of its business in a special circumstance, the TWSE may report such change, if deemed necessary, as a special case to the competent authority and, after being approved, make a public announcement of adjusting the industry category of the company by taking into consideration its financial statements for the most recent fiscal year.
Where considering adjustment of the industry category of a listed company pursuant to the preceding paragraph, notwithstanding that the operating income of its newly added business activities conforms to the criteria for operating income as set forth in Point 3 hereof, no adjustment will be made thereto if the profit of such business department fails to reach 2% of the capital stock in its final accounts for the year in question based on a calculation using the information of such business department.
The TWSE may adjust the industry category of a listed company to an appropriate category, if the listed company is unable to classify its industry reasonably according to its operating revenue, or for other special reasons.
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