Chapter 3 Business and Obligation
Article 16
A Land Administration Agent could undertake the following business:
1.Applying for the matters of land registration on behalf of clients.
2.Applying for the matters of land survey on behalf of clients.
3.Applying for the matters of taxation related to land registration on behalf of clients.
4.Applying for the matters of notarization or authentication related to Land Registration on behalf of clients.
5.Applying for the matters of deposit in accordance with land laws and regulations on behalf of clients.
6.Drafting contracts or agreements in respect of real estate on behalf of clients
7.Attesting contracts or agreements in respect of real estate.
8.Dealing with other matters in relation to land administration on behalf of clients.
Article 17
A Land Administration Agent shall deal with the entrusted matters by himself / herself. A Land Administration Agent could request other Land administration Agents to deal with the above matters provided with the consent of clients, other customs prevail or other perforce reasons.
Article 18
A Land Administration Agent shall ensure that the clients are the obligees against the registered property or are interested parties, and check up the clients’ identification before taking up the business.
Article 19
Under the following circumstances, a Land Administration Agent could register with the competent authority in a Municipality or a County (City) to act as an attesting witness for signatories to attest contracts or agreements.
1.Recommended by the national association of Land Administration Agent Guilds.
2.The total verified operating income of any two years within the last five years exceeds a certain amount.
The amount stated in Clause II of the previous Item is to be instituted by the competent central authority.
Article 20
A Land Administration Agent who is found to be in one of the following conditions can not apply for registration of an attesting witness. The competent central authority shall revoke his / her registration should any of the following conditions be found.
1.Recommendation in withdrawn by the national association of Land Administration Agent Guilds.
2.Recorded false or mal attestation in relation to Item II of Article 22 of this Act, which has resulted damage to the clients.
3.Given reprimand or more severe punishment in accordance with the provision of Article 44.
Article 21
A Land Administration Agent can not conduct attestation with regards to the land registration matters specified as follows:
1.Registration of succession which occurred before June 4th, 1985.
2.Registration of deed reissue.
3.Registration concerning the disposal of ownership, or changes of, or setting encumbrance over jointly owned land in accordance with the provision of Item I of Article 34 of Land Law.
4.Registration concerning the disposal of or inposing encumbrance over land used for temples, or worshipping ancestors, or worshipping gods.
5.Registration that requires consent of a third party.
6.Registration of a right whose value exceeds NT$ 10 Million.
7.Other registrations that are announced by the competent central authority.
Article 22
While undertaking attestation of real estate contracts or agreements, a Land Administration Agent shall verify the identifies of the signatories. Once real estate contracts or agreements are verified by a Land Administration Agent, land offices need not re-check identifies of the signatories.
Before undertaking attestation of real estate contracts or agreements, a Land Administration Agent is required to pay NT$ 200,000 to the National Association of Land Administration Guilds as Attestation Guarantee Fund. A Land Administration Agent is liable for compensation for damage to the clients which resulted from false or mal practice during attestation. In the case that the Land Administration Agent can not pay the full compensation, the National Association of Land Administration Guilds shall defray outstanding amount from the Attestation Guarantee Fund and later claim the amount back from the Land Administration Agent. The amount defrayed by National Association of Land Administration Guilds shall not exceed NT$ 4 million for each Land Administration Agent.
The matters concerning duty of attestation and management of Attestation Guarantee Fund shall be instituted by the competent central authority.
Article 23
A Land Administration Agent shall display a list of charge in an appropriate place of the office and shall provide with invoice for the fee charged.
Article 24
A Land Administration Agent shall provide with an inventory of documents entrusted by the clients.
A Land Administration Agent can not terminate contract without justifiable reasons after being entrusted. In the event of termination of a contract, the Land Administration Agent shall notify the clients at least ten days prior to the termination and shall obtain the consent of the clients before termination.
Article 25
A Land Administration Agent shall keep a record which states the process of entrusted cases.
The record stated in the provision of the previous Item shall be kept for at least 15 years.
Article 26
A Land Administration Agent shall not commit misconduct or violate the professional obligation in practice.
A Land Administration Agent shall be liable for paying compensation if he / she violates the provision in the previous Item resulting in damage to the clients or other interested parties.
Article 26-1
The registered real estate transaction price information shall become a basis for taxation only until complementary laws are enacted.
Article 27
A Land Administration Agent shall not commit the behaviors listed as follows:
1.Violating laws and regulations in practice.
2.Permitting other persons to use his / her name to practice.
3.Using unjust or illicit measures to obtain business.
4.Making promotional advertisements not for opening of the business, or moving office, or for other matters irrelevant to the business.
5.Requesting, or promising, or accepting any rewards or fees not in accordance with the provisions of laws.
6.Knowingly using false land deeds, or certification of seal, or other documentations to apply for registration to land offices.
Article 28
Regarding the registration cases filed by a Land Administration Agent, the competent authority or land office in the jurisdiction, if considered necessary, could request for or examine the related documents from the Land Administration Agent. A Land Administration Agent shall not avoid, or obstruct, or refuse the above request.
Article 29
A Land Administration Agent could send registration assistants employed by him / her to file applications and collect documents undertaking land registration. The land office can require the Land Administration Agent to call in person if that is considered necessary.
The registration assistants stated in the provisions of the previous Item should have one of the qualifications listed as follows:
1.A Certificate of Land Administration Agent
2.A degree from a college or above with a major in land economics, or land administration, or related subjects.
3.Graduation from a high school or a vocational school or above with working experience of more than two years in a Land Administration Agent office.
A Land Administration Agent can employ no more than two registration assistants, and shall notify the competent authority in a Municipality or a County (City) and the local Land Administration Agent Guild for future reference before commencement of the employment contract and after termination of the employment contract.