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

Print Time:2024/11/24 02:39
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Chapter Law Content

Chapter III. Operation and Management
Article 11
Any ocean freight forwarder shall pay a security bond in the amount of NT$3,000,000 when applying for a license. For each branch office to be established, the security bond in the amount of NT$300,000 shall be deposited additionally.
An ocean freight forwarder which has insured its liability for its freight forwarding operations, or when entrusted by a foreign ocean freight forwarder to carry out the freight forwarding operations and the foreign ocean freight forwarder has also arranged liability insurance, may apply to the shipping administration for approval to reduce the security bond as set forth in the preceding paragraph to NT$600,000 and to NT$60,000 for each of its branch offices, by furnishing a copy of the insurance policy. The liability insurance shall be an insured amount not less than NT$2,000,000 per accident, and the aggregate of claims within an insurance period shall be no less than NT$5,000,000.
Where a company has engaged in ocean freight forwarding for more than 3 years, has never been involved in any dispute over carriage in the most recent 3 years, and is covered by freight forwarding liability insurance, it may apply for a refund of the security bond referred to in the preceding paragraph, without interest. The liability insurance shall be an insured amount not less than NT$5,000,000 per accident, and the aggregate of claims within an insurance period shall be no less than NT$10,000,000.
To take out an ocean freight forwarding liability insurance, a company shall have a coverage period of more than 1 year and may not suspend the insurance within the operation period. The company shall renew the insurance prior to expiration of the insurance policy, and submit the new policy to the shipping administration for filing and inspection.
Article 12
Any vessel carrier which operates in ocean freight forwarding concurrently may be exempted from payment of the security bond if the insured value of its hull & machinery exceeds NT$45,000,000.
The insurance period referred to in the preceding paragraph shall be 1 year or more, and the insurance shall not be suspended within the operation period. The carrier shall renew the insurance prior to expiration of the insurance policy, and submit the new policy to the shipping administration for filing and inspection.
Article 13
Any ocean freight forwarder entrusted by a foreign ocean freight forwarder to carry out freight forwarders operations shall furnish the following documents to the shipping administration for registration and then may perform the commissioned operations:
1. Application form (see Attachment 6);
2. Duplicate of the contract;
3. License of the principal's license to engage in the ocean freight forwarding in its home country;
4. Photocopy of the principal's liability insurance policy;
5. Original of the principal’s bill of lading or certificate of receipt.
Any ocean freight forwarder which issues the bill of lading or certificate of receipt on behalf of the principal shall be jointly and severally liable for the obligations incorporated therein together with the principal.
Article 14
When a petition for compulsory execution on the deposited security bond by an ocean freight forwarder is filed by a creditor, the ocean freight forwarder must make up the bond again within 30 days after the court enforces the compulsory execution.
If an ocean freight forwarder ceases to do business or is subject to revocation of the license to engage in ocean freight forwarding, it shall surrender the license, and may claim refund of the security bond upon expiration of 3 months of publication of the following by the shipping administration on the authority’s website and verification of no outstanding ocean freight forwarding contracts afterwards:
1. Name and address of the forwarder's company and the name of its representative; and
2. The date on which the forwarder ceases to do business or the forwarder’s license is revoked.
Article 15
The ocean freight forwarder shall furnish samples of the bill of lading or certificate of receipt issued by it to the shipping administration for filing and inspection. The same shall apply, if the bill of lading or certificate of receipt is changed.
The full name, address and the license number of the ocean freight forwarder shall be printed on the bill of lading or certificate of receipt referred to in the preceding paragraph. Only after the cargo is loaded on board a vessel shall the bill of lading or certificate of receipt bear the vessel's name and the shipping date, and be signed and released by the forwarder.
Article 16
The ocean freight forwarder shall file its transship service rates and handling fees as well as collectible service charges from shippers or consignees to the shipping administration for filing and inspection. The same shall apply if the rates and fees are changed.
Article 17
The provisions of Articles 9-16 herein shall apply to the branch office of a foreign ocean freight forwarder mutatis mutandis.
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