Imposition of Fine on Responsible Person of Enterex International Limited
2021-12-28
I. Date of sanction: December 28, 2021
II. Object of sanction: XX Wong, the responsible person of Enterex International Limited (hereinafter referred to as Enterex or the company).
III. Legal basis for the sanction: Article 165-1 of the Securities and Exchange Act, with the provisions of paragraph 7 of Article 26-3, subparagraph 9, paragraph 1 of Article 178 and Article 179 of the same Act applicable mutatis mutandis.
IV. Facts of violation:
(I) Enterex elected the current seven directors at its general shareholders’ meeting on July 1, 2021. As of July 3, 2021, two independent directors and one corporate director have resigned; the vacancy of directors of the company has reached one-third of the seats set in its Articles of Association, but no extraordinary shareholders’ meeting was held for a by-election within 60 days from the date of occurrence of the fact; this is verified to have violated the provisions of Article 165-1 of the Securities and Exchange Act, with the provisions of paragraph 7 of Article 26-3 of the same Act applicable mutatis mutandis. The Financial Supervisory Commission therefore imposed a fine of NT$240,000 on the responsible person of the company in accordance with subparagraph 9, paragraph 1 of Article 178 and Article 179 of the same Act above, and requested the company to convene an extraordinary shareholders’ meeting for a by-election within 60 days.
(II) As Enterex failed to improve the director vacancy situation before the deadline, considering that the company had been fined by the Financial Supervisory Commission for violating the regulations, but still failed to make any improvement before the deadline set by the Financial Regulatory Commission, the responsible person of Enterex is further sanctioned and a fine of NT$480,000 is imposed in accordance with subparagraph 9, paragraph 1 of Article 178 and Article 179 of the Securities and Exchange Act.
V. Sanction imposed: A fine of NT$480,000 is imposed on the responsible person of Enterex in accordance with subparagraph 9, paragraph 1 of Article 178 and Article 179 of the Securities and Exchange Act.
Contact unit: Section Chief Tsai, Corporate Finance Division, Securities and Futures Bureau
Tel: 02-2774-7126
If you have any questions, please write to: FSCMAIL
II. Object of sanction: XX Wong, the responsible person of Enterex International Limited (hereinafter referred to as Enterex or the company).
III. Legal basis for the sanction: Article 165-1 of the Securities and Exchange Act, with the provisions of paragraph 7 of Article 26-3, subparagraph 9, paragraph 1 of Article 178 and Article 179 of the same Act applicable mutatis mutandis.
IV. Facts of violation:
(I) Enterex elected the current seven directors at its general shareholders’ meeting on July 1, 2021. As of July 3, 2021, two independent directors and one corporate director have resigned; the vacancy of directors of the company has reached one-third of the seats set in its Articles of Association, but no extraordinary shareholders’ meeting was held for a by-election within 60 days from the date of occurrence of the fact; this is verified to have violated the provisions of Article 165-1 of the Securities and Exchange Act, with the provisions of paragraph 7 of Article 26-3 of the same Act applicable mutatis mutandis. The Financial Supervisory Commission therefore imposed a fine of NT$240,000 on the responsible person of the company in accordance with subparagraph 9, paragraph 1 of Article 178 and Article 179 of the same Act above, and requested the company to convene an extraordinary shareholders’ meeting for a by-election within 60 days.
(II) As Enterex failed to improve the director vacancy situation before the deadline, considering that the company had been fined by the Financial Supervisory Commission for violating the regulations, but still failed to make any improvement before the deadline set by the Financial Regulatory Commission, the responsible person of Enterex is further sanctioned and a fine of NT$480,000 is imposed in accordance with subparagraph 9, paragraph 1 of Article 178 and Article 179 of the Securities and Exchange Act.
V. Sanction imposed: A fine of NT$480,000 is imposed on the responsible person of Enterex in accordance with subparagraph 9, paragraph 1 of Article 178 and Article 179 of the Securities and Exchange Act.
Contact unit: Section Chief Tsai, Corporate Finance Division, Securities and Futures Bureau
Tel: 02-2774-7126
If you have any questions, please write to: FSCMAIL
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Update：
2022-01-05