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Article 50
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Where a listed company satisfies any of the following conditions, this Corporation shall in accordance with Article 147 of the Securities and Exchange Act report to and obtain the permission of the Competent Authority to suspend the trading of such securities, or such company may apply to terminate its listing pursuant to Paragraph 2 of Article 50-1; provided, where the circumstance in subparagraph 2 applies to a listed company, this Corporation may first proceed to announce suspension of trading of its listed securities and then apply to the Competent Authority for recordation:
1. Failure to produce and register and publicly announce financial reports or financial projections or failure to prepare consolidated financial reports for the financial reports submitted by an investment holding company or financial holding company in accordance with the laws and regulations.
2. Where any condition specified in Article 282 of the Company Act exists, and a court has prohibited the transfer of its shares pursuant to Subparagraph 5 of Paragraph 1 of Article 287 of the Company Act.
3. Any document or information that has been submitted is suspected to be untrue, and upon the request of this Corporation to explain the matter, no explanation is provided within the prescribed time period.
4. The securities transfer institution established at the location of this Corporation is withdrawn, or a dummy transfer institution is established such that no transfers are processed, and upon the order of this Corporation to correct the situation within a time period, no correction is made.
5. The financial report publicly announced and registered pursuant to Article 36 of the Securities and Exchange Act was not produced pursuant to relevant laws and regulations and generally accepted accounting principles, such violations were serious and corrections or rewrites were not made within the specified time period; or the CPA auditing the publicly announced and registered semi-annual or annual financial statement issues a disclaimer of opinion or an adverse opinion.
6. Violation of relevant rules concerning the confirmation and disclosure of material information by a listed company, such violation was serious, and there is the need to suspend trading in its securities.
7. Where a listed company has violated the undertaking it gave when applying for listing.
8. Where a listed company, going public in accordance with Article 6-1 of Criteria for Review of Securities Listings, critically delays its construction schedule or materially violates provisions prescribed in the concession contract.
9. Violation of the provisions of Subparagraph 8 of Paragraph 1 of Article 49, and failure to satisfy Subparagraph 8 of Paragraph 2 of the same Article within three months.
10. Violation of the provisions of Subparagraph 9 of Paragraph 1 of Article 49, and failure to carry out, within three months of the trading day next following the date the trading method was changed, remedial procedures as provided in Subparagraph 9 of Paragraph 2 of the same Article and to submit relevant evidentiary documentation.
11. Loss of controlling interest, as defined in Subparagraph 1 of Article 4 of the Financial Holding Company Act, in a subsidiary, where a competent authority has ordered it to make corrections within a certain period.
12. Violation of Paragraph 1, Subparagraph 10, Subparagraph 11, or Subparagraph 12 of Article 49, and inability to achieve compliance with Paragraph 2, Subparagraph 10, Subparagraph 11, or Subparagraph 12 of the same article within three months from the trading day next following the date of change of trading method.
13. Other events deemed necessary to suspend the trading in securities.
Where a listed company satisfies the conditions specified above such that its trading has been suspended, upon satisfying the below conditions, and upon not satisfying any other of the above conditions, this Corporation may in accordance with Article 147 of the Securities and Exchange Act report to and obtain the permission of the Competent Authority to resume trading in the securities:
1. Where the suspension of trading was ordered pursuant to Subparagraph 1 of the preceding Paragraph, and a new financial report or financial projection has been publicly announced and registered in accordance with laws and regulations.
2. Where the suspension of trading was ordered pursuant to Subparagraph 2 of the preceding Paragraph, and the judicial order prohibiting transfer has expired, and reorganization has not been ordered by the court, or a dismissal of application for reorganization has not been rendered pursuant to Subparagraph 2 of Paragraph 3 of Article 285-1 of the Company Act.
3. Where the suspension of trading was ordered pursuant to Subparagraph 3 of the preceding Paragraph, and corrections have been made in accordance with regulations or explanations have in fact been provided upon the request of this Corporation.
4. Where the suspension of trading was ordered pursuant to Subparagraph 4 of the preceding Paragraph, and substantive improvements have in fact been made in accordance with regulations.
5. Where the suspension of trading was ordered pursuant to Subparagraph 5 of the preceding Paragraph, and corrections or rewrites are made to the financial report in accordance with relevant regulations and generally accepted accounting principles; or upon a re-audit by the CPA, the original condition causing the disclaimer of opinion or adverse opinion no longer exists, or a qualified opinion has not been rendered pursuant to Subparagraph 3 of Paragraph 1 of Article 49.
6. Where the suspension of trading was ordered pursuant to Subparagraph 6 of the preceding Paragraph, and corrections or improvements have been made in accordance with rules governing the confirmation and disclosure of material information by a listed company and other relevant regulations.
7. Where the suspension of trading was ordered pursuant to Subparagraph 7 of the preceding Paragraph, and corrections or improvements have been made pursuant to relevant laws and regulations, so as to be consistent with the undertaking given by the listed company.
8. Where the suspension of trading was ordered pursuant to Subparagraph 8 of the preceding Paragraph, and substantive corrections or improvements have in fact been made pursuant to relevant laws and regulations.
9. Where the suspension of trading was ordered pursuant to Subparagraph 9 of the preceding Paragraph, and corrections or improvements have been made in accordance with relevant regulations.
10. Where the suspension of trading was ordered pursuant to Subparagraph 10 of the preceding Paragraph, and remedial procedures as set forth in Subparagraph 9 of Paragraph 2 of the preceding article have been carried out within six months of the trading day next following the date of suspension of trading, and the listed company has produced relevant evidentiary documentation that it has carried out the remediation.
11. Where the suspension of trading was ordered pursuant to Subparagraph 11 of the preceding Paragraph, and corrections have been made by the deadline set by the competent authority for the target industry.
12. Where the suspension of trading was ordered pursuant to Subparagraph 12 of the preceding Paragraph, and corrections or improvements have been made within six months of the trading day next following the date of suspension of trading.
13. Where suspension of trading was ordered pursuant to Subparagraph 13 of the preceding Paragraph, and corrections or improvements have been made in accordance with relevant rules and regulations.
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