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The Cultural Taiwan Foundation Official Website Chinese Version - Donation Charter

  • ．Established on December 15, 1997
  • ．Amended and passed at the tenth joint meeting of the eighth session of directors and fifth session of supervisors onApril172023

  • Article 1

    This foundation is organized in accordance with the Act of Foundations, the Civil Code, and relevant laws and regulations, and is named "The Cultural Taiwan Foundation" (hereinafter referred to as the Foundation).

  • Article 2

    The Foundation aims to assist the nation in promoting cultural construction, promoting diverse cultural development, strengthening international cultural exchanges and dissemination, and shall handle the following business in accordance with relevant laws and regulations：
    1. Promotion and dissemination of cultural affairs.
    2. Compilation, integration, publication, and promotion of cultural resources.
    3. Research, innovation, and development of culture.
    4. Promotion of community culture.
    5. Cross-strait cultural exchanges.
    6. International cultural exchanges and dissemination.
    7. Promotion and dissemination of other activities related to the Foundation's establishment purpose.

  • Article 3

    The Foundation is established with a fund of 35 million New Taiwan dollars, donated by the Culture Department of Taiwan Provincial Government (including 35 million New Taiwan dollars in cash, zero stocks, and zero real estate). After the Foundation completes registration as a foundation in accordance with the law, it may continue to accept donations.
    The custody and utilization of the property mentioned in the preceding paragraph shall be handled in accordance with relevant provisions of the Act of Foundations.

  • Article 4

    The Foundation's main office is located in Taipei City, and branch offices may be established domestically and internationally as needed for business, with permission from the Ministry of Culture.

  • Article 5

    The Foundation has a board of directors consisting of seven to fifteen directors, with one serving as chairman, mutually elected by the directors. However, if approved by the competent authority, the total number of directors may exceed fifteen.
    Directors shall be selected and appointed by the competent authority from the following personnel:
    1. Government agency representatives.
    2. Professionals with practical experience or academic research in culture, arts, history, museums/art museums, and international exchanges.
    The government agency representatives mentioned in the first item of the preceding paragraph shall not be less than one-half of the total number of directors and shall change with their official position.
    The proportion of any single gender among directors shall not be less than one-third.
    The term of office for each session of Foundation directors is three years, and reappointment is permitted; the number of reappointed directors shall not exceed two-thirds of the total number of newly appointed directors. Directors who are concurrent civil servants and should change with their official position shall not be counted in the number of reappointed and newly appointed directors. If a director's position becomes vacant during the term due to unavoidable circumstances, the competent authority may appoint another suitable person to fill the remainder of the original term.

  • Article 6

    The chairman is the presiding officer of the board of directors internally and represents the Foundation externally. When the chairman is on leave, has reasons preventing service, or is legally unable to exercise authority, the chairman shall designate one director to act as his representative; if the chairman does not designate or cannot designate a representative, the directors shall mutually elect one to act as representative.
    The board of directors of the Foundation is convened by the chairman and shall meet at least once every six months. Directors should attend meetings in person; if they cannot attend, they may authorize another director to attend on their behalf in writing.
    A director receiving such authorization to attend on behalf of another may represent only one person, and the number of such representatives shall not exceed one-third of the total number of directors.
    If the chairman fails to convene meetings as required, and one-third or more of the current directors submit a written request with the meeting agenda and reasons for convening, the chairman shall convene the board meeting within ten days of receiving the request. If the chairman fails to issue the convening notice within this period, the requesting directors may, with permission from the Ministry of Culture, convene the meeting themselves.
    If the board meeting is conducted via video conference, directors participating via video conference shall be deemed to have attended in person.

  • Article 7

    Directors and supervisors of the Foundation serve without remuneration. However, this does not apply to the chairman if he/she is full-time and does not receive other salaries, monthly pensions (official salaries), monthly severance compensation, or other forms of equivalent compensation.
    The salary standards for the chairman shall be decided by the board of directors and submitted to the competent authority for approval. The same applies when salary standards are changed.
    Directors and supervisors of the Foundation may receive part-time fees when attending meetings.

  • Article 8

    The following persons are not eligible to serve as directors or supervisors of the Foundation; if already serving, they shall be automatically removed, and the Ministry of Culture shall notify the court for registration:
    1. Those under bankruptcy or subject to a decision to commence liquidation procedures under the Consumer Debt Clearance Act who have not been restored to their rights.
    2. Those under guardianship or assistance order that has not been revoked.
    The Ministry of Culture shall remove from office any director or supervisor of the Foundation under the following circumstances and notify the court for registration:
    1. Those sentenced to imprisonment for a fixed term or longer. However, those receiving suspended sentences or convicted of negligent crimes are excluded.
    2. Those who, in executing the duties of director or supervisor, have committed acts in violation of laws or the articles of endowment, causing damage to public interest or the Foundation's interests.
    3. Those who are directors or supervisors appointed or assigned by government agencies in accordance with the law and have failed to follow government policies when executing their duties, thereby violating the purpose of their appointment or assignment.

  • Article 9

    The Foundation is managed by the board of directors. The board of directors has the following powers:
    1. Raising and managing funds and operating assets.
    2. Election and removal of the chairman.
    3. Establishment and management of internal organization.
    4. Development and promotion of work plans.
    5. Review and approval of annual budgets and final accounts.
    6. Proposal of changes to the articles of endowment.
    7. Proposal of disposition or encumbrance of real estate.
    8. Proposal of merger.
    9. Proposal or decision on other matters stipulated in the articles of endowment. Proposal or decision on other matters stipulated in the articles of endowment.

  • Article 10

    Board meetings are convened by and chaired by the chairman. More than one-half of the directors must be present to constitute a quorum. Resolutions on matters are passed by a majority vote of directors present. However, the following important matters require the attendance of more than two-thirds of the directors and are passed by a majority vote of directors present and with permission from the Ministry of Culture:
    1. Proposal of amendments to the articles of endowment.
    2. Use of funds.
    3. Making up deficits with funds.
    4. Disposition or encumbrance of real estate.
    5. Other matters designated by the Ministry of Culture.
    If circumstances change, the Foundation may, with the attendance of more than three-quarters of all directors, a resolution passed by more than two-thirds of those present, and with permission from the Ministry of Culture, merge with another foundation.
    The agenda for matters mentioned in the first and preceding paragraphs shall be notified to all directors and the Ministry of Culture at least ten days before the meeting and may not be submitted as emergency motions.
    If the matter mentioned in paragraph 1, item 1 involves circumstances under Articles 62 or 63 of the Civil Code, an application shall be filed with the court for necessary relief.

  • Article 11

    The Foundation has three to five supervisors who may mutually elect one as the standing supervisor.
    Supervisors shall be selected and appointed by the competent authority from the following personnel:
    1. Government agency representatives.
    2. Scholars and experts in the field of culture and arts.
    3. Professionals in accounting, auditing, inspection, law, finance, or management.
    Supervisors serve for the same term as directors and are eligible for reappointment; they serve without remuneration. The agency representatives mentioned in the first item of the preceding paragraph shall change with their official position.
    Supervisors have the following powers:
    1. Supervise the execution of the Foundation's business and financial condition.
    2. Audit the Foundation's financial books, documents, and asset information.
    3. Supervise the execution of business in accordance with relevant laws and the articles of endowment.
    Standing supervisors should attend board meetings; if they fail to attend in a way that jeopardizes public interest or the interests of government-endowed foundations, the Ministry of Culture may remove them and take other necessary measures.
    Supervisory meetings and board meetings shall normally be held jointly; when necessary, they may be held separately.

  • Article 12

    The Foundation appoints one executive director to assist the chairman in handling foundation affairs. Below the executive director are various divisions to handle routine business. All such personnel are selected and hired by the chairman.

  • Article 13

    The Foundation uses January 1 to December 31 each year as its business and accounting year.
    Before the start of the accounting year, the Foundation shall formulate a work plan and prepare a budget to be approved by the board of directors, and then submitted to the competent authority for processing; at the end of the accounting year, work results and final accounts shall be submitted for review by the board of directors, and after separate examination by all supervisors, shall be submitted to the competent authority for processing. Work plans and budgets related to money laundering or terrorist financing high-risk countries or regions shall also include a risk assessment report.
    The Foundation shall proactively disclose the following information:
    1. Materials reviewed by the competent authority mentioned in the preceding paragraph shall be disclosed within one month after being reviewed by the Ministry of Culture.
    2. The previous year's list of subsidies received and donations received and list of payments for awards, assistance, and donations granted, disclosing only the names or titles of subsidy/donation providers and award/assistance/donation recipients and the amounts of subsidies, awards, assistance, and donations. However, if a subsidy/donation provider or award/assistance/donation recipient has submitted written objection in advance, or if disclosure would hinder or seriously affect the Foundation's operations and with the Ministry of Culture's consent, such information shall not be disclosed.

  • Article 14

    The Foundation shall conduct various public welfare activities in accordance with its establishment purpose and objectives. The endowed assets, earnings, and other income shall not be distributed as surplus profits. Those handling award, assistance, or donation business must be limited to business items specified in Article 2 of this charter and must comply with universality and fairness principles.

  • Article 15

    The custody and use of the Foundation's assets shall be conducted in the Foundation's name and shall be subject to supervision by the Ministry of Culture; Foundation funds may not be deposited with or loaned to directors, supervisors, other individuals, or non-financial institutions.
    The methods for custody and use of property as stipulated in the preceding paragraph are as follows:
    1. Deposits in financial institutions.
    2. Purchase of government bonds, treasury bills, Central Bank savings bonds, financial bonds, negotiable bank certificates of deposit, bank acceptance bills, commercial notes guaranteed by banks or bill finance companies.
    3. Purchase of personal property and real estate necessary for business.
    4. In accordance with principles of safety and reliability, purchase publicly issued secured corporate bonds and fixed-income beneficiary certificates issued by domestic securities investment trust companies.
    5. Purchase stocks within five percent of the Foundation's total asset value, and the shareholding ratio for any single company shall not exceed five percent of that company's capital.
    6. Other investment items and amounts helpful for increasing revenue as determined by the Ministry of Culture in accordance with Item 6 of Section 3 of Article 19 of the Act of Foundations, based on principles of safety and reliability.

  • Article 16

    If any matters for which the Foundation obtained establishment approval change, the Foundation shall file an application with the competent court for change of registration within fifteen days of receiving the approval document from the Ministry of Culture. Within fifteen days of obtaining the reissued foundation registration certificate, a copy of the certificate shall be sent to the Ministry of Culture for record.

  • Article 17

    If the Foundation is dissolved by board resolution in accordance with the articles of endowment, the Ministry of Culture revokes or abolishes approval, or the competent court declares dissolution, the Foundation shall handle dissolution and completion of liquidation registration in accordance with the Civil Code, Non-Litigation Procedure Act, and other relevant provisions.
    Remaining assets after liquidation mentioned in the preceding paragraph shall be allocated to the central government or an agency or organization designated by the Ministry of Culture. If the Foundation is liquidated as a result of merger with other foundations, the remaining assets after legal liquidation shall be consolidated into the surviving or newly established foundation.

  • Article 18

    This charter is established on December 15, 1997. Matters not addressed herein shall be handled in accordance with the Act of Foundations, the Civil Code, and relevant laws and regulations.

  • Article 19

    This charter shall take effect after being approved by the board of directors, approved by the Ministry of Culture, and registered with the competent court. The same applies to amendments.