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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 17:45
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Chapter Law Content

Chapter V Supplementary Provisions
Article 45
For documents submitted pursuant to Article 26, paragraph 1, Article 34, paragraph 1, Article 35, paragraph 1, Article 36, paragraph 1, and Article 39, in addition to the requirements of Article 26, paragraph 2, Article 34, paragraph 2, Article 35, paragraph 2, and Article 36, paragraph 2, when the document was prepared in the Mainland Area, the competent authority may as needed require that the applicant have the document legalized by a Mainland-area notary organization and authenticated or verified by an agency established or designated by the Executive Yuan or a delegated private-sector entity.
Article 46
When due to a change in equity ownership structure, a third-region securities or futures institution that has established a representative office in the Taiwan Area becomes a Mainland-invested securities or futures institution, it shall apply to the competent authority for permission with related documentation, and state the following matters:
1. The reasons for the change in equity ownership structure, and the status subsequent to the change.
2. The names and shareholding ratios or capital contributions of Mainland-area investors.
3. The directors directly or indirectly selected or appointed by Mainland-area investors, and their number.
4. Its future operating strategy for the Taiwan Area, including its planned measures for response if the competent authority does not grant permission.
5. Other matters for which the competent authority may require explanation.
If the securities or futures institution of the preceding paragraph receives permission, its representative office in the Taiwan Area shall be managed in accordance with the provisions of these Regulations, and it may not apply for the establishment of any additional representative office.
If the application of paragraph 1 is not permitted by the competent authority, the competent authority shall void or revoke the permission for establishment of a representative office in the Taiwan Area by the securities or futures institution.
Article 47
When the equity ownership structure of a third-region juristic person, group, or other institution that has invested in a Taiwan-area securities or futures institution undergoes change with the result that a natural person, juristic person, group, or other institution of the Mainland Area or its overseas branch unit holds more than 30 percent of the total issued voting shares or authorized capital of the given third-region juristic person, group, or other institution, or has the ability to control the given third-region juristic person, group, or other institution, the Taiwan-area securities or futures institution shall submit an application, with relevant documentation, to the competent authority for permission.
If the application of the preceding paragraph is not permitted by the competent authority, the competent authority may void or revoke the permission for investment by the third-region juristic person, group, or other institution.
If the application of paragraph 1 is permitted by the competent authority, and a person appointed by the given third-region juristic person, group, or other institution to serve as director at the investee Taiwan-area securities or futures institution is a Mainland natural person, the Taiwan-area securities or futures institution shall proceed in accordance with the provisions of Article 39, paragraph 1.
The investee Taiwan-area securities or futures institution of paragraph 1
shall enter basic information on the status of shareholdings of the natural person, juristic person, group, or other institution of the Mainland Area, or its overseas branch unit, with respect to the given third-region juristic person, group, or other institution into the information reporting system designated by the competent authority, and shall provide an accurate update when there is any change in the information.
Article 48
The format of the documents required under these Regulations will be prescribed by the competent authority.
Article 49
If the items to be set out in documents required under these Regulations are incomplete or insufficient, the competent authority may reject the application; if the required information can be supplemented but has not been supplemented by a deadline set by the competent authority, the application will be rejected.
Article 50
These Regulations shall enter into force from the date of issuance.
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