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53-10
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Where a TWSE listed company, pursuant to Article 27 of the Business Merger and Acquisition Act, undergoes a general assignment, or pursuant to Article 185, paragraph 1, subparagraph 2 of the Company Act or other laws or regulations, assigns business or assets, it shall, at least 30 business days prior to the assignment record date, file the application with the TWSE, and may remain listed if all required documents have been submitted to the TWSE, and, after review by the administering department, none of the following conditions is found:
- The pro forma operating revenue or operating income as stated in the pro forma financial statements audited by a CPA, excluding the business or assets under assignment, for each of the most recent 2 accounting years, has declined by 50 percent or more, compared with the operating revenue (including discontinued operations) or operating income (including discontinued operations) as stated in the financial statements of the same period.
- The pro forma operating loss as stated in the pro forma financial statements audited by a CPA, excluding the business or assets under assignment, for each of the most recent 2 accounting years is greater than the operating loss (including discontinued operations) as stated on the financial statements of the same period.
Where pursuant to the preceding paragraph a TWSE listed company establishes an investment holding company, and the said investment holding company complies with Article 20, paragraph 1, subparagraphs 1, 2, 4, 5, 7, 8, 9 and 11 of the TWSE Rules Governing Review of Securities Listings and holds 100 percent of the transferee company's shares, the listing may be continued and the provisions of paragraphs 1 and 2 of the preceding paragraph shall not apply, and an application shall be filed with the TWSE for amendment to the content of listed securities pursuant to Article 45.
The financial reports referred to in the subparagraphs of paragraph 1 mean parent company only financial reports, or if the company does not have any subsidiary, mean individual financial reports.
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