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Article NO. Content

Title:

Regulations Governing the Qualification Requirements and Professional Development of Principal Accounting Officers of Issuers, Securities Firms, and Securities Exchanges  CH

Amended Date: 2012.07.25 
Article 4     A person may not act as a principal accounting officer under any of the following circumstances:
  1. The person has received a final and unappealable sentence for violating the Organized Crime Prevention Act and 5 years have not yet passed since completion of the sentence.
  2. The person has violated the Act, the Banking Act, the Financial Holding Company Act, the Trust Enterprise Act, the Act Governing Bills Finance Business, the Financial Asset Securitization Act, the Real Estate Securitization Act, the Insurance Act, the Futures Trading Act, the Securities Investment Trust and Consulting Act, the Act for Regulation of Foreign Exchange, the Credit Cooperative Act, the Agricultural Finance Act, the Farmer's Association Act, the Fisherman's Association Act, the Money Laundering Control Act, the Certified Public Accountant Act, the Business Accounting Act, or any other financial regulatory act and received a final and unappealable sentence for a fixed term of imprisonment of 1 year or more, provided that this restriction shall not apply when more than 3 years have passed since the term was completed, the term of probation expired, or pardon was granted.
  3. The person has committed the crime of fraud, breach of trust, embezzlement, or forgery of instruments or seals, and has received a final and unappealable sentence of a term of imprisonment of 1 year or more, provided that this restriction shall not apply when more than 3 years have passed since the term was completed, the term of probation expired, or pardon was granted.
  4. The term during which a financial institution has refused to honor the person's negotiable instruments has not yet expired, or the person has a record of overdue loans, collection demands, or bad debt at a credit information processing agency designated by the competent authority.
  5. The person has been declared bankrupt and has not been reinstated.
  6. The person has received a disposition from the competent authority that requires being suspended or barred from practice or being dismissed from a position, and the term of suspension has not expired or less than 3 years have passed since being barred from practice or dismissed.
  7. The person has no or is limited in capacity to make juridical acts, or has been declared by a court to be placed under assistance, where such declaration has not yet been voided.
  8. Any other circumstance sufficient for a determination that the person has engaged in dishonest or improper activities, indicating their unfitness for the position of principal accounting officer.