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Chapter Law Content

Chapter 5 Supplemental Provisions
Article 50
Except for those documents that have already been mentioned in paragraph 3 of Article 36 and paragraph 2 of Article 42 herein, for documents mentioned in paragraph 1 of Article 36 and paragraph 1 of Article 42 that are produced in Mainland Area, the Competent Authority may, if deemed necessary, ask the applicant to have those documents certified by a notarization institution in Mainland Area and authenticated or verified by an institution set up or designated, or by a private organization entrusted by the Executive Yuan.
Article 51
Where a third-area insurance enterprise with a representative office or branch in Taiwan Area becomes a Mainland-funded insurance enterprise due to change of equity structure, said insurance enterprise shall submit relevant documents and provide the following information to the Competent Authority for approval:
1. Reasons for the change of equity structure and status after the change;
2. Names of the Mainland investors and their shareholding or capital contribution;
3. The directors directly or indirectly elected or assigned by the Mainland investors and the number of such directors;
4. Future business strategy in Taiwan Area, including a proposed contingency plan if the Competent Authority disapproves the change of equity structure; and
5. Such other explanations as may be required by the Competent Authority.
For insurance enterprises in the preceding paragraph that have received an approval from the Competent Authority, the Regulations for Establishment and Administration of Foreign Insurance Enterprises shall apply mutatis mutandis to the administration of its representative office or branch in Taiwan Area, except for the businesses of the representative office or branch, which shall require the approval of the Competent Authority. In addition, such insurance enterprises are not allowed to apply for the establishment of more representative offices or branches in Taiwan Area.
If the application under paragraph 1 hereof is disapproved by the Competent Authority, the Competent Authority will annul the approval for establishment of representative office or branch of the insurance enterprise..
Article 52
Where a third-area juristic person, organization or other institution having an investment in an insurance enterprise in Taiwan Area changes its equity investment that results in individuals, juristic persons, organizations, other institutions in Mainland Area, or their overseas branches owning more than 30 percent of its total outstanding voting shares or total capital or having controlling power over it, the invested insurance enterprise in Taiwan Area shall submit relevant documents to the Competent Authority for approval.
If the application under the preceding paragraph is disapproved by the Competent Authority, the Competent Authority will annul the approval for the investment of said third-area juristic person, organization or other institution.
If the application under paragraph 1 hereof is approved by the Competent Authority, when the person assigned by the third-area juristic person, organization or other institution to serve as a director of the invested insurance enterprise in Taiwan Area is a Mainland individual, the insurance enterprise in Taiwan Area shall comply with the provisions set forth in Article 44, paragraph 1 herein.
The invested insurance enterprise in Taiwan Area in Paragraph 1 hereof shall input the shareholding information of individuals, juristic persons, organizations, other institutions in Mainland Area or their overseas branches in said third-area juristic person, organization or other institution into an information reporting system designated by the Competent Authority, and update such information when changes occur.
Article 53
The formats for documents set out in these Regulations shall be prescribed by the Competent Authority.
Article 54
Where information provided in the application documents under these Regulations is incomplete or inadequate, the Competent Authority may reject the application. If the situation is rectifiable but the applicant fails to make correction or submit supplemental information during the time period prescribed by the Competent Authority, the application will also be rejected.
Article 55
These Regulations will be in force on the date of promulgation.