Chapter I General Provisions |
Article 1 | These Procedures are established to protect the right of an issuer of listed securities to appeal a disposition of the Taiwan Stock Exchange Corporation (TWSE) and provide a basis for provide a basis for the TWSE operating procedures for handling appeal cases.
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Article 2 | Appeals handled under these Procedures are limited to those lodged by an issuer of listed securities which disagrees with any of the following TWSE dispositions:
- TWSE delisting
- rejection of a merger or acquisition of a listed company or the letter of approval of the subsequent public offering of securitiesissued through private placement
- imposition of a penalty for breach of contract
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Article 3 | No issuer of listed securities subject to a disposition (Disposed Issuer) may lodge a furtherappeal against a disposition which it has already appealed. The same applies where the Disposed Party has withdrawn its appeal.
Enforcement of a disposition is not suspended on account of the lodgment of an appeal.
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Article 4 | The TWSE will entertain an appeal which is servedon it only after finding upon examination that the appellant's standing, the written statement of appeal, the appeal grounds, and the relevant evidence and materials attached conform to applicable requirements. However, if the documentation is incomplete and the situation is rectifiable, the TWSE may order rectification within a prescribed time limit.
The TWSE shall not entertain an appeal filed under any of the following circumstances:
- the appeal is filed against Article 3, paragraph 1
- the case is not appealable as in Articles 5, 15, or 16
- the appeal is filed against Article 6, paragraph 1 or Article 17, paragraph 1
- no rectification is made within the time limited prescribed in the preceding paragraph
- other disposition of delisting becomes conclusive to the extent that no substantial interest would be served by the appeal
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