Generally speaking, independent directors in Taiwan can only be removed by a resolution passed at a shareholders’ meeting, in which the majority of the voting shares represented at the meeting are in favor of the removal. The company must follow the procedures set forth in the articles of incorporation and the Independent Director Election and Removal Rules when convening the shareholders’ meeting.
However, if the independent director in question has committed a serious breach of their duties or engaged in misconduct, the company may be able to terminate them immediately without convening a shareholders’ meeting. This would require the company to follow the procedures set forth in the articles of incorporation and the Company Act, which may involve obtaining a court order or approval from a government agency.
It’s important to note that the termination of an independent director in Taiwan must be done in accordance with the law and the company’s governing documents. Failing to do so could result in legal consequences and damage to the company’s reputation. It’s recommended that the company seek legal advice before taking any action to terminate an independent director.