A Mainland commercial bank or Mainland-funded bank that meets the following requirements may apply to the Competent Authority for approval to establish a representative office in Taiwan Area:
1. The bank is in compliance with the law, is soundly managed and has not committed any major regulatory violation within three (3) years prior to application;
2. The bank is ranked, in terms of capital or assets, among the top one thousand banks in the world within one year prior to application;
3. The bank has good credit standing and a sound financial structure, and has been approved by the financial authority at the place of registration to establish a representative office in Taiwan Area; and
4. The bank has established a branch and operated business in a member country of OECD for two years or longer.
A Mainland commercial bank or Mainland-funded bank can establish only one representative office in Taiwan Area.

A Mainland commercial bank or Mainland-funded bank intending to establish a representative office in Taiwan Area shall submit the following documents to the Competent Authority for approval:
1. Application;
2. A feasibility study;
3. The bank’s ranking among the world’s leading banks by capital or assets for the year before application;
4. A self-assessment regarding the bank’s compliance with laws and regulations and the integrity of its business operations;
5. Documents verifying that the proposed representative meets the qualification requirements set forth in Paragraph 2 hereof;
6. A document issued by the financial authority at the place of registration approving the establishment of a representative office in Taiwan Area;
7. Minutes of the board resolution approving the filing of an application to establish a representative office in Taiwan Area; and
8. Such other information or documents as may be required by the Competent Authority.
The proposed representative mentioned in the preceding paragraph should have good moral character and professional leadership ability, and is free of the situations set forth in Article 3 of the Regulations Governing Qualification Requirements, and comply with the provisions in Paragraph 3 Article 3-1 of the same Regulations.
Documents mentioned in Subparagraphs 5 to 7 in Paragraph 1 shall be certified by a notary public or a notarization institution at the bank’s place of registration. In addition, documents produced in a third area must be authenticated by a ROC embassy and consulate, representative office, office and/or other agency authorized by the Ministry of Foreign Affairs (collectively referred to as “Overseas mission” hereunder); documents produced in Mainland Area must be authenticated or verified by the institution set up or designated, or by the private organization entrusted by the Executive Yuan.
All documents referred to in Paragraph 1 hereof must be attached with a traditional Chinese counterpart.

A Mainland commercial bank or Mainland-funded bank shall, within six (6) months after receiving approval from the Competent Authority to establish a representative office, apply to the Ministry of Economic Affairs (“MOEA”) for permission in accordance with the Act, and submit a photocopy of the MOEA permission document and report the planned date of establishment and location of the representative office to the Competent Authority and MOEA for recordation before the date of establishment; otherwise the Competent Authority may annul the approval granted.
A Mainland commercial bank or Mainland-funded bank shall promptly inform the Competent Authority and comply with the following provisions after it has established a representative office in Taiwan Area:
1. If the representative office has a material contingent or fraud incident, the bank shall handle and report it according to the provisions set forth by the Competent Authority;
2. The bank shall input all relevant information on the representative office into an information reporting system designated by the Competent Authority and update the information if changes occur;
3. Before replacing its representative, the bank shall submit documents verifying that the newly appointed representative meets the qualification requirements set forth in Paragraph 2 of the preceding article to the Competent Authority for approval; and
4. Before changing the address of the representative office or closing the representative office, the bank shall report to the Competent Authority for approval.

Matters not specified in these Regulations with respect to the administration of the representative offices of Mainland commercial banks or Mainland-funded banks in Taiwan Area shall be governed by provisions in the Banking Act governing the representative offices of foreign banks.
The Competent Authority may designate a person(s) to examine the activities and other related matters of the representative office at any time or order the representative office to submit a report on its activities and other related information within a specified period.

Unless it is otherwise provided by the Competent Authority, the representative offices of Mainland commercial banks or Mainland-funded banks in Taiwan Area may only engage in the collecting of finance-related information, liaison activities, researching financial-related business intelligence and other non-business activities.
If the representative office of a Mainland commercial bank or Mainland-funded bank in Taiwan Area violates the preceding paragraph, the Competent Authority may annul the approval granted.