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Administrative Fine Imposed on the Responsible Person of The Unitel High Technology Corporation

2024-01-23

Adjudication Letter of the Financial Supervisory Commission
    
Recipients: As listed in “Original to” and “Copies to”
Issuing date: December 7, 2023
Reference: Jin-Guan-Zheng-Fa-Fa-Zi No. 1120363825
Sanctioned subject: XX Shao
National identity card number or unified number or foreigner’s nationality and residence card number: XXX
Address: XXX
Subject: Imposition of a fine of NT$240,000
Fact:     The board of directors of Unitel High Technology Corporation (hereinafter referred to as Unitel High Technology) did not prepare the meeting minutes and record in detail the key points of the proceedings and the results, which is verified to have violated paragraph 8, Article 26-3 of the Securities and Exchange Act and paragraph 1, Article 17 of the Regulations Governing Procedure for Board of Directors Meetings of Public Companies (hereinafter referred to as Procedure for Board of Directors Meetings).
Reasons and Legal Basis:
I.     According to paragraph 8, Article 26-3 of the Securities and Exchange Act: “A company shall formulate rules for the conduct of directors meetings; regulations governing the content of deliberations, procedures, matters to be recorded in the meeting minutes, public announcement, and other matters for compliance shall be prescribed by the Competent Authority,” and also according to paragraph 1, Article 17 of the Procedure for Board of Directors Meetings: “Minutes shall be prepared of the discussions at board of directors meetings. The meeting minutes shall record the following: ......”
II.     It is found that Unitel High Technology held the 34th meeting of its 13th term of board of directors at 10:00 am on June 27, 2023. Though the board meeting was held in accordance with the prescribed procedures, the company did not prepare the meeting minutes and record in detail the key points of the proceedings and the results, which is verified to have violated the provisions in paragraph 8, Article 26-3 of the Securities and Exchange Act and paragraph 1, Article 17 of the Regulations Governing Procedure for Board of Directors Meetings of Public Companies. Therefore, a fine of NT$240,000 is imposed on the responsible person of Unitel High Technology as the sanctioned subject in accordance with subparagraph 9, paragraph 1, Article 178 and Article 179 of the Securities and Exchange Act.
Method of Payment:
I.     Payment deadline: 10 days after the delivery date of the adjudication letter.
II.     Please make the payment in accordance with the notes of the attached payment slip form (agency).
Notes:
I.     If the sanctioned subject refuses to accept this sanction, he shall, within 30 days after the delivery date of the adjudication letter, file a petition through the Commission (address: 18F, No. 7, Section 2, Xianmin Boulevard, Banqiao District, New Taipei City) to the Executive Yuan in accordance with paragraph 1, Article 58 of the Administrative Appeal Act. However, according to paragraph 1, Article 93 of the Administrative Appeal Act, unless otherwise provided by law, the filing of a petition shall not cease the execution of this sanction, and the sanctioned subject shall still be liable to pay the fine.
II.     If the sanctioned subject fails to pay the fine before the payment deadline stipulated in this adjudication letter, the case shall be transferred to the relevant branch of the Administrative Enforcement Agency, Ministry of Justice for administrative enforcement in accordance with the provisions in paragraph 1, Article 4 of the Administrative Execution Act.
Original to: XX Shao
Copies to: Unitel High Technology Corporation (representative: XX Shao), and Securities and Futures Bureau of the Commission (Securities Issuance Group), Securities and Futures Bureau (Accounting Office), and Securities and Futures Bureau (Secretariat) of the Commission
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  • Update: 2024-01-23
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