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Article 30
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Where a foreign issuer applies for primary listing on the Taiwan Innovation Board in accordance with Chapter 4 of the Rules, the “material labor dispute sufficient to affect its normal financial and business operations” as in Article 31, paragraph 1, subparagraph 3 of the Rules shall mean any of the following:
- the occurrence of a serious labor dispute
- the failure to contribute to or pay statutory labor insurance at important operation outlets
- the occurrence of a serious occupational accident due to inadequate safety or health facilities, rendering of a disposition by an administrative authority or court for violation of occupational safety and health related laws and regulations requiring the foreign issuer to suspend its operations in part or in whole, or installation of dangerous machinery or of equipment that have not passed inspection, except where re-inspection conducted by the inspection agency upon application made is passed.
The "material pollution of environment sufficient to affect its normal financial and business operations” as in the same subparagraph shall mean any of the following with respect to the company or its business activity-related venues:
- failure to obtain permits required by laws and regulations for pollution installation, operation, or discharge
- an environmental pollution event resulting in the fiscal year of the listing application or in the most recent fiscal year in the rendering by the environmental protection authority of an administrative disposition imposing successive penalties or requiring rectification within a prescribed time limit, and rectification is not completed
- a public nuisance dispute where the company has no effective pollution control equipment, or is unable to provide records of normal operation and regular maintenance of pollution prevention equipment
- an environmental pollution event in which the environmental protection authority or court orders the company to stop work or to suspend or terminate its operations, or revokes its pollution-related permits
- arbitrary disposal of waste, or failure to store, clean up, or process waste in accordance with regulations, or occurrence of a serious pollution event during the treatment process, causing death, serious physical injury, harm to human health resulting in illness
- manufacturing, processing, or importation by the juristic person of banned or counterfeit environmental agents, for which its responsible person is convicted of the violation by a final and unappealable judgment
The phrase “has not made improvement” in the same subparagraph means the continuance any of the above circumstances after the date the TWSE accepts and handles the company's listing application.
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