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Article 26
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If any significant deficiency is found during a TWSE audit of a TWSE primary listed company's or a TIB primary listed company’s financial reports and internal control system, the TWSE may issue a letter requesting the audited company to dispatch personnel to participate in guidance courses held by an agency designated by the competent authority, with a copy of the letter to the designated agency. If the said company fails to dispatch personnel for that purpose, the TWSE, based upon the nature of the deficiency, may list it as a first target for substantive reviews of subsequent financial reports or internal control system audits. If a circumstance calling for prompt measures as in Article 23 is found in a TWSE audit of the internal control system of a TWSE primary listed company or a TIB primary listed company, the TWSE may impose a default penalty of NT$30,000 to NT$200,000 for the irregularity or deficiency, provided in the event when the circumstance has a material impact on shareholder equity, the TWSE may impose a default penalty between NT$200,000 and NT$5 million; timely rectification shall be made if the TWSE requests rectification within a prescribed time limit, or the TWSE may impose a default penalty from NT$50,000 to NT$5 million successively for each failure to rectify on schedule until the date of rectification.
If the TWSE discovers, in reviewing the annual report of a TWSE primary listed company or a TIB primary listed company, that the report was not submitted or not prepared in accordance with the Regulations Governing Information to be Published in Annual Reports of Public Companies, it may issue a letter requiring the company to supplement or correct the report within five days after receipt of the letter, and to upload information relating to the supplementation or correction in the form of an electronic file to the TWSE-designated information reporting website. It shall also treat the discrepancy as an "other event having a material impact on shareholders' equity" under the TWSE Procedures for Verification and Disclosure of Material Information of Companies with Listed Securities, and bring the matter to the attention of investors. If no timely rectification is made as requested in letter by the TWSE, the TWSE may apply the relevant provisions of the Operating Rules and report the review results in Article 15 to the competent authority.
If any of the following circumstances are found with respect to a TWSE primary listed company or a TIB primary listed company after TWSE review of the company's financial forecasts, the TWSE may issue a letter imposing a demerit on the company. When the circumstances are of a material nature, it may also impose a default penalty of NT$30,000, list the company as a potential candidate for substantive review of financial reports, and submit the matter for recordation by the competent authority:
- The company has not made timely updates (or corrections) of its financial forecasts pursuant to the Regulations Governing the Publication of Financial Forecasts of Public Companies.
- The basic accounting assumptions in the financial forecasts have not been reasonably evaluated.
- The company has failed to have financial forecasts approved by the board of directors and can give no legitimate reason.
- The company has failed to report relevant documents pursuant to the Regulations Governing the Publication of Financial Forecasts of Public Companies.
- There is a material mistake or omission in a public disclosure or filing made pursuant to the Regulations Governing the Publication of Financial Forecasts of Public Companies.
- The company has failed to make improvement or correction within the time limit after receiving notification to do so.
Financial reports, financial forecasts, annual reports, and internal control system audit reports of TWSE primary listed companies and TIB primary listed companies shall be retained by the TWSE for three years, and may be provided for review at the request of the competent authority during the period of retention.
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