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Title: Taipei Exchange Rules Governing the Use of the Gofunding Zone
Date: 2014.05.06 ( Announced )
Date: 2014.05.06 ( Amended )

Article Content

 
Chapter 1 General Principles
Article 1     The Taipei Exchange (TPEx), having established the Gofunding Zone for the purpose of encouraging business startup innovation, and providing it free of charge for the disclosure and use of innovation proposals, specifically adopts these Rules to govern its use.
Article 2     Terms used in these Rules are defined as follows:
  1. Business startup innovation proposal: a business startup innovation project conceived by an individual, juristic person, or non-juristic person organization that is made public on the website of a platform operator, to attract crowd sponsorship and obtain sufficient funding for implementation of the project.
  2. Platform operator: An operator that establishes a website solely to present innovation proposals for crowdfunding ("crowdfunding website"), providing, at the least, network connectivity, storage, and search functions, allowing individuals, juristic persons, and non-juristic person organizations to make public the business startup innovation projects they have conceived and to seek funding sponsorship, and that exclusively operates only such crowdfunding website.
Article 3     A platform operator that intends to disclose business startup innovation proposals simultaneously on the Gofunding Zone and the platform operator's crowdfunding website for free shall first apply to the TPEx for approval and sign a contract in accordance with these Rules before it may proceed.
Article 4     The Gofunding Zone provides only information disclosure functions. People who would like to sponsor a business startup innovation proposal presented on the Gofunding Zone shall proceed to the respective platform operator's website and follow the relevant procedures.
Article 5     A platform operator bears sole legal liability for any error or misleading representation in the content it discloses through the Gofunding Zone. If a platform operator discovers an error in information it disclosed through the Gofunding Zone, it shall take immediate initiatives to make public the corrected information and shall in accordance with Article 9 immediately inform the TPEx to review it.
    A platform operator shall not make use of the fact that business startup innovation proposals are disclosed on the Gofunding Zone to mislead others that the proposals would be successfully executed for certain, by advertising, publicity, or any other means, nor may a platform operator use the Taipei Exchange's name.
Article 6     The TPEx provides the Gofunding Zone free of charge for the purpose of encouraging business startup innovation. The TPEx bears no responsibility for any platform operator's operation or management, or the content of any business startup innovation proposal.
    The platform operator shall present the disclaimer of the preceding paragraph prominently on its crowdfunding website. The disclaimer shall also be included in any contract signed between a platform operator and a party submitting a business startup innovation proposal or a funding sponsor.
Chapter 2 Applications for Presentation of an Innovation Proposal
Article 7     A platform operator that applies to have business startup innovation proposals presented on the Gofunding Zone shall meet the conditions below. The operator shall also fill out an application form, "Platform Operator Application for Disclosure of Business Startup Innovation Proposals in the Gofunding Zone" (Appendix 1), and submit it to the TPEx along with the required documentation for application. If the documents submitted are found incomplete, and the operator fails to supplement the relevant documents within a time limit specified by the TPEx, the TPEx may reject the application.
  1. None of the circumstances under the subparagraphs of Article 30 of the Company Act may apply to any responsible person or representative of the platform operator.
  2. (Deleted)
  3. In principle, the service fee that a platform operator collects for a successfully funded business startup innovation proposal may not exceed 10 percent of the actual amount of funding received. If any adjustment is needed due to a change in the crowdfunding environment, the operator shall first reach an agreement with the GTSM before making any adjustment.
  4. The operator shall have established mechanisms for review and examination of business startup innovation proposals, and such mechanisms shall effectively implement the examination of the business startup concept.
  5. The operator shall have established control mechanisms for payments and receipts for successfully funded business startup innovation proposals and for refunds for unsuccessful proposals.
  6. The operator shall have established mechanisms for control of the completion of implementation of a successfully-funded business startup innovation proposal.
  7. The operator shall have established control mechanisms for the information security of its crowdfunding website.
  8. The platform operator guarantees that after signing the contract with the TPEx, it shall apply for all the business startup innovation proposals already being presented on the operator's crowdfunding website to be presented on the Gofunding Zone, and that only after a proposal has been reviewed and approved by the TPEx may it be presented on the Gofunding Zone and the operator's crowdfunding website. Until a proposal has been reviewed and approved by the TPEx, no fundraising may be conducted through the bank's segregated funding account or by any other method, and the proposal shall be removed from the operator's crowdfunding website. The operator and the TPEx shall ensure that, from the date of signing of the contract, the business startup innovation proposals and their content presented on the Gofunding Zone and the operator's crowdfunding website are completely the same.
    A platform operator that applies to have business startup innovation proposals presented on the Gofunding Zone shall meet the conditions below. The operator shall also fill out an application form, "Platform Operator Application for Disclosure of Business Startup Innovation Proposals in the Gofunding Zone" (Appendix 1), and submit it to the TPEx along with the required documentation for application. If the documents submitted are found incomplete, and the operator fails to supplement the relevant documents within a time limit specified by the TPEx, the TPEx may reject the application.
  1. None of the circumstances under the subparagraphs of Article 30 of the Company Act may apply to any responsible person or representative of the platform operator.
  2. (Deleted)
  3. In principle, the service fee that a platform operator collects for a successfully funded business startup innovation proposal may not exceed 10 percent of the actual amount of funding received. If any adjustment is needed due to a change in the crowdfunding environment, the operator shall first reach an agreement with the GTSM before making any adjustment.
  4. The operator shall have established mechanisms for review and examination of business startup innovation proposals, and such mechanisms shall effectively implement the examination of the business startup concept.
  5. The operator shall have established control mechanisms for payments and receipts for successfully funded business startup innovation proposals and for refunds for unsuccessful proposals.
  6. The operator shall have established mechanisms for control of the completion of implementation of a successfully-funded business startup innovation proposal.
  7. The operator shall have established control mechanisms for the information security of its crowdfunding website.
  8. The platform operator guarantees that after signing the contract with the TPEx, it shall apply for all the business startup innovation proposals already being presented on the operator's crowdfunding website to be presented on the Gofunding Zone, and that only after a proposal has been reviewed and approved by the TPEx may it be presented on the Gofunding Zone and the operator's crowdfunding website. Until a proposal has been reviewed and approved by the TPEx, no fundraising may be conducted through the bank's segregated funding account or by any other method, and the proposal shall be removed from the operator's crowdfunding website. The operator and the TPEx shall ensure that, from the date of signing of the contract, the business startup innovation proposals and their content presented on the Gofunding Zone and the operator's crowdfunding website are completely the same.
Article 8     A platform operator that meets the requirements of the preceding article shall sign a "Contract for Platform Operator Use of the Gofunding Zone" (Appendix 2) before it may begin to present business startup innovation proposals on the Gofunding Zone.
Chapter 3 Management Method and Breach of Contract
Article 9     The business startup innovation proposals of a platform operator signed with the TPEx shall be examined by the TPEx responsible department in advance to ensure there is no violation of public order or good morals, and only if there is no violation may they be presented on the Gofunding Zone and the operator's crowdfunding website and may the funding begin through a bank's segregated funding account or other method. If a proposal is later supplemented or altered, the operator shall notify the TPEx in advance, and the proposal shall again be reviewed by the TPEx before it can be presented on the Gofunding Zone and the operator's crowdfunding website. An operator may not unilaterally make any supplementation or alteration without first having it reviewed by the TPEx.
    After a platform operator's business startup innovation proposal is presented on the Gofunding Zone and the operator's crowdfunding website, if the TPEx discovers any circumstance described in the preceding paragraph, or any likelihood of infringement of another's rights and interests, it may proceed to remove the given proposal without prior notice, and notify the platform operator to simultaneously remove the proposal, and then carry out the subsequent correction procedures.
Article 10     The TPEx will non-periodically conduct sampling inspections to ensure that the platform operators having signed with the TPEx follow their internal management procedures to carry out the following matters:
  1. Review and examination of business startup innovation proposals.
  2. Control procedures over the payment and collection process for successfully funded proposals or the refund process for unsuccessful proposals.
  3. Procedures to control completion of implementation of successfully funded business startup innovation proposals.
  4. Control procedures for the information security of the crowdfunding website.
Article 11     An application by a platform operator to terminate the contract of Article 8 will become effective upon approval by the TPEx.
    The TPEx may terminate a contract signed pursuant to Article 8 when it deems necessary.
Article 12     When any of the following circumstances applies to a platform operator having signed a contract with the TPEx, the TPEx may impose a penalty of from NT$500,000 to NT$1 million, depending on the circumstances, or may cease presenting the business startup innovation proposal(s) on the Gofunding Zone; if a business startup innovation proposal is presented on the platform operator's crowdfunding website or fundraising is begun before the proposal has been reviewed by the TPEx, the TPEx may, in addition to the penalty specified above, impose a penalty equal to 1.5 times the target funding amount or the actual amount of funding received, whichever is higher:
  1. The TPEx discovers a defect by sampling inspection under Article 10 and the platform operator is unable to make correction within the time limit specified by the TPEx .
  2. The platform operator refuses to provide relevant materials to the TPEx for review or audit.
  3. After signing the contract with the TPEx, any defect is found in the platform operator's qualifications required under Article 2 or 7.
  4. The platform operator commits a material breach of the contract signed with the TPEx.
  5. The platform operator seriously violates the competent authority's laws or regulations.
  6. A major information security incident occurs in the crowdfunding website established by the platform operator.
  7. Other circumstances conflicting with or violating the TPEx's goal of encouraging business startup innovation.
    If a platform operator is able to timely provide evidence demonstrating that the circumstances of the preceding paragraph resulted from causes not attributable to it, the TPEx, following a review, may agree to a reduction of or an exemption from the liability of the operator.
Article 13     These Rules and their Appendices, and any amendments hereto, shall be publicly announced and come into force after being approved by the President of the TPEx.