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Supervisory Regulations Governing Multi-Level Sales of 1992 | Laws & Regulations |
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Promulgated on February 28, 1992 by Fair Trade Commission Order
(81) Kung Mi Fa Tzu No. 001
Article 1
These Regulations are enacted pursuant to Paragraph 2, Article 23 of the Fair
Trade Law.
Article 2
The provisions of these Regulations shall apply to the control of multi-level
sales.
The term "multi-level sales enterprise" as referred to in these Regulation shall
mean an enterprise which makes its operational projects or its rules, and plans
its overall sales activities in respect of multi-level sales.
The term 'participant' as referred to in this Regulations, shall mean a
person who takes part in the organization or plan of a multi-level sales enterprise
and sells or promotes the sale of commodities or services, and introduces other
persons to join the aforesaid activities.
Article 3
Prior to commencing its business or operation, a multi-level sales enterprise
shall file a written report setting forth the following particulars for recordation
with the central competent authority:
In the event of any change in the contents of the aforesaid report, the enterprise
shall file another report for such change with the authority prior to the implementation
thereof.
Any multi-level sales enterprise which commences its business or operation of
multi-level sales before the promulgation of these Regulations shall file the
aforesaid report for recording within two (2) months after the promulgation
of these Regulations.
If deemed necessary, the central competent authority may notify a multi- level
sales enterprise to supplement the report as filed in accordance with the first
paragraph within a specified time limit.
Article 4
Before a participant takes part in the sales organization or play of a multi-level
sales enterprise, the enterprise shall inform the participant of the following
particulars with no false, concealed, or misleading statements:
Before a participant takes part in the sales organization or play of multi-
level sales enterprise, the enterprise shall enter into a written participating
contract with the participant, incorporating the provisions as prescribed in
Items 2 through 9 of the first paragraph of this Article.
To evidence the performance of the non-disclosure duty of the first paragraph,
the multi-level enterprise shall keep a statement signed by each participant
or other types of proof documenting such disclosure.
The provisions as prescribed in paragraphs 1 and 3 of this Article shall apply
to a participant introducing a third person to participate.
Article 5
The contents of Item 8, Paragraph 1 of the preceding Article shall include
the following particulars:
Article 6
A multi-level sales enterprise shall prepare and keep, in its principal office,
written information about monthly records of the development of the enterprise
within the territory of the Chinese Taipei for the examination by the central
competent authority, including the overall organizational system of the enterprise
and the organizational system of each of its levels, the number of participants,
categories of commodities and services sold or dealt, quantities, commissions,
grants or other economic gains and principal distribution areas.
The aforesaid records shall be kept for five year.
The written information may be restored by electronic data media if the central
competent authority so agrees.
The central competent authority may dispatch officials to check the written
information from time to time, which the enterprise shall not impede, refuse
or evade.
Article 7
A multi-level sales enterprise shall not conduct any of the following activities:
Article 8
These Regulations shall come into force as of the date of promulgation.
Address:12-14 F, No. 2-2 Jinan Rd., Sec. 1, Jhongjheng (Zhongzheng) District, Taipei City 100, Taiwan (R.O.C.) Tel:886-2-23517588 E-mail: ftcpub@ftc.gov.tw Best browse in 800*600 pixel with IE6.0 or above |
(Last Modified:2005/12/09 19:05:46 )