It is said that your agency has conducted investigations and searches of public companies which were suspected in embezzlement scandals. What is the legal basis for carrying out such actions?
In accordance with Article 5 of the Organic Act Governing the Establishment of the Financial Supervisory Commission, Executive Yuan [Organic Act], when carrying out a financial examination, the FSC and its subordinate agencies may, as necessary:  require a financial institution, a related party thereof, or a public company to present relevant account books, documents, electronic files, and other materials; or  notify an examinee to appear at a designated office to answer questions. In a case involving suspected financial crime, the FSC and any subordinate agency thereof may present the facts of the case to a prosecutor in seeking permission from the latter to file a motion in the court of jurisdiction for issuance of a search warrant. Once the search warrant has been issued, the FSC or its subordinate agency may, accompanied by judicial police authorities, enter and search the suspected hiding place of the relevant account books, documents, electronic files, and other such materials or evidence. Under the Organic Act, the Financial Examination Bureau may requisition documents, summon persons for questioning, and conduct searches to facilitate investigations and evidence searches in cases of suspected financial crime.
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- Update： 2011-06-07