Article 31
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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 failure “to effectively implement its written accounting system, internal control system, or internal audit system” as in Article 31, paragraph 1, subparagraph 5 of the Rules shall mean any of the following:
- where during the year in which the listing application is filed the company fails to establish a sound written accounting system, internal control system or internal audit system in conformity with the regulations issued by the competent authority to govern the preparation of financial reports for the relevant industry, the U.S. Generally Accepted Accounting Principles or International Financial Reporting Standards, or relevant internal system laws and regulations
- where the TWSE finds in accordance with regulations governing listing review procedures that the company fails to operate reasonably under its written accounting, internal control, and internal audit systems
The failure “to prepare financial reports in accordance with relevant laws and regulations and generally accepted accounting principles” as in the same subparagraph means any of the following:
- where a financial report is not prepared in conformity with the regulations issued by the competent authority to govern the preparation of financial reports for the relevant industry, the U.S. Generally Accepted Accounting Principles or International Financial Reporting Standards, and the CPA issues an audit report containing an adverse opinion or disclaimer of opinion, or the CPA issues an audit report containing a qualified opinion affecting the fair presentation of the financial report
- where the competent authority instructs the company by letter to rectify its financial reports and the company fails to do so
- where the TWSE reviews by requisition the audit working papers of the CPA and discovers significant defects therein, so it is impossible to determine whether the financial reports are a fair presentation
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