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

Print Time:2024/11/22 08:34
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Chapter Law Content

Title: Regulations Governing Air freight Forwarder CH
Category: Ministry of Transportation and Communications(交通部)
Chapter II Permission of Establishment & registration
Article 4
To become an air freight forwarder, one must enclose the following papers in applying to the Civil Aviation Administration, Ministry of Transportation and Communications (hereinafter referred to as “CAA”) for MOTC permission:
1. application form;
2. draft of company by law;
3. prospectus: including utilization of capital fund, projected volume of freight; forecast of revenue and expenditure, personnel organization and other related matters;
4. photocopies of identification document of the entire body of shareholders or sponsors;
5. photocopy of application for advance search of company name for purposes of company establishment and registration.
A company already established wishing to expand air freight forwarder service shall enclose the following papers in applying to CAA for MOTO permission:
1. application form;
2. photocopies of company registration;
3. photocopy of shareholders meeting minutes or shareholders' letter of consent;
4. draft of revised company by law;
5. prospectus: inclusive of capital utilization, projected freight volume, forecast of revenue and expenditure, general status of personnel makeup and other related matters;
6. roster of the entire body of shareholders;
7. photocopy of application for advance search for purposes of change of company name or registration of operated business.
Article 5
Notwithstanding compliance to the provisions of this Regulation, the screening of application to found air freight forwarder shall also take into consideration the follows:
1. that it meets market demand;
2. that it coordinates government policy.
Article 6
The equity capital of an air freight forwarder shall not be less than NT$5 million.
Article 7
After receiving permission to set up business, the prospective air freight forwarder shall within the 6-month preparatory period register with competent agency according to law, and enclose the following papers in applying to CAA for MOTC approval. CAA will then issue a permit enabling the applicant to start operation as an air freight forwarder:
1.photocopies of company registration;
2.photocopy of company by law;
3.namelist of shareholders and roster of board of directors and supervisors;
4.photocopy of membership card issued by local association of air freight forwarders;
The prospective air freight forwarder failing to apply a permit within the approved preparatory period according to the preceding paragraph may, with justification, file an application for an extension within thirty days prior to the expiration. An extension may not be longer than six months and shall be limited to twice only.
Failure of the air freight forwarder to start operation over 6 months after the issuance of permit, or the air freight forwarder’s suspension for more than 6 months after starting operation, shall result in its permit being withdrawn by CAA after requesting and gaining approval from MOTC. Concerned authorities will be notified to cancel such air freight forwarder’s registration in whole or in part. Nevertheless, if there is a good reason to justify such failure or suspension, the air freight forwarder in question may apply at most 6 months after such failure or suspension through designated procedure for an extension, provided that such extension shall not exceed 6 months and shall be limited to once only.
Article 8
An air freight forwarder in applying for a permit to run air freight forwarding services shall pay a fee for the permit in the amount of NT$36,000.
An air freight forwarder in applying for renewal or replacement shall pay a fee for the permit in the amount of NT$2,100.
Article 9
An air freight forwarder shall report to CAA for prior approval for any change of its English name.
Within 30 days from completion of registration, the air freight forwarder shall report the change of its Chinese title, organization, responsible person, amount of capital, and address, suspension, resumption, and the establishment or termination of branch company to CAA for record.
If any item listed on the air freight forwarder license is changed, the air freight forwarder shall enclose the fee for a new permit in applying to CAA for renewal.
Article 10
In the event an air freight forwarder permit is lost, perished or destroyed, a new permit or replacement permit must be applied for.
Article 11
An air freight forwarder terminating business operations is required to file with MOTC for record through CAA and surrender the original air freight forwarder license within 30 days after the termination. CAA shall issue a public notice to revoke the license if the air freight forwarder fails to surrender the license by the end of the said 30-day period.
Article 11-1
MOTC may delegate such matters as the approval of preparation for establishment, the approval of extension for the deadline of preparation for establishment, the recordation of termination and the approval and abolition of a permit of an air freight forwarder to the navigation authority in case of any business concurrently operating ocean freight forwarder and air freight forwarder with a consolidated license.
CAA may entrust such matters as the recordation of suspension or resumption, and the issuance, renewal, replacement and cancellation of a permit of an air freight forwarder to the navigation authority in case of any business concurrently operating ocean freight forwarder and air freight forwarder with a consolidated license.
The delegated and entrusted matters referred to in the preceding two paragraphs shall be announced, as well as published in the relevant government gazettes and websites, by MOTC and CAA pursuant to applicable regulations.
Article 11-2
Any business concurrently operating ocean freight forwarder and air freight forwarder with a consolidated license may apply to the navigation authority for the approval of preparation for establishment and the issuance of a permit in accordance with the applicable provisions of the Regulation Governing Ocean Freight Forwarder.
Any business receiving a consolidated license for operating both ocean freight forwarder and air freight forwarder pursuant to the preceding paragraph shall apply to the navigation authority for renewal, replacement of such permit, or abolition of the approval or cancellation of such permit, and shall apply to CAA for the replacement of air freight forwarder license in case of terminating the ocean freight forwarder business with the permit abolished by the navigation authority.
Any business already obtaining separate permits for ocean freight forwarder and air freight forwarder may apply to the navigation authority for replacement with a consolidated license for both ocean freight forwarder and air freight forwarder.
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