Chapter Four Requirements, Procedures, and Administration of Residency
Article 15
A Park Enterprise shall be a company limited by shares or one of its branch offices established and organized in accordance with the Company Act or an equivalent foreign company recognized by the government of the Republic of China, and shall meet at least ne of the following requirements:
1.The Park Enterprise shall have the capacity for the research and development of agricultural technology, and have integrated product development plans;
2.The Park Enterprise shall have the capacity for attracting and developing local talents in their processes of production or research and development of agricultural technology;
3.The Park Enterprise shall establish a research and development department in agricultural technology; its investment into the research and development department must reach a certain percentage of the total revenue of the company; and the Park Enterprise shall have certain research equipment and facilities, as may be required by the Administration;
4.The products of agricultural technology of a Park Enterprise shall have the potential for further development and innovation;
5.Relevant agricultural technology researched, developed or applied by the Park Enterprise has been patented domestically or overseas; or
6.The operation of the Park Enterprise shall comply with domestic agricultural policies and development, and shall contribute significantly to domestic economic or agricultural developments.
If a Park Enterprise is not a company or a branch in the form as set forth in the preceding paragraph, it shall complete the company or branch registration with the Administration within six (6) months from the day of approval.
Article 16
A park enterprises, incubation centers, and research institutions applying for Park residency shall complete an application form and attach a business plan and other required documents to submit to the Administration. The Administration shall notify the applicant of its evaluation results within three (3) months upon receipt of the application.
The required documents referred to in the preceding paragraph shall be prescribed by the competent authority.
The business plan referred to in Paragraph 1 hereof shall contain business activities and a summary of the core technologies of the applicant, and other items prescribed by the competent authority.
The Park Enterprise, incubation center, or research institution shall submit to the Administration for approval for any changes in its business activities or its summary of the core technologies after it has started its operation.
If the documents or items contained thereof submitted by the Park Enterprises, incubation centers, or research institutions in accordance with Paragraph 1 hereof are incomplete, the Administration shall describe the reasons and determine a deadline for rectification. The Administration shall reject any incomplete application that has not been rectified as requested to the satisfaction of the Administration within the deadline.
Article 17
The Park Enterprises shall pay surety pursuant to the regulations prescribed by the Administration within two (2) months of the date of approval for residency in order to ensure the implementation of the business plans.
If, after three (3) years from the date of approval for residency and according to the review conducted by the Administration, a Park Enterprise fails to operate in accordance with its business plan, the surety referred to in the preceding paragraph may not be refunded. The surety shall be refunded, with no interest, to those that operate in accordance with their business plans.
A Park Enterprise that fails to implement its business plan within the prescribed deadline specified in the preceding paragraph due to a justifiable reason may apply to the Administration for an extension of the deadline. The Administration may, after a review of a successful application, grant an extension of three (3) years, and may grant a further extension of another three (3) years, if necessary. The total prescribed period allowed for implementing a business plan shall not exceed nine (9) years.
Article 18
Regulations for the establishment of the Amenity Businesses and research institutions; deadlines (and its extensions) of the implementation of the business plan, or changes in the business plan of a Park Enterprise, an incubation center, and a research institution; the amount of a surety payable by a Park Enterprise; and other relevant administrative affairs, shall be stipulated by the competent authority.
Article 19
With regard to those Park Enterprises that fail to complete the company or branch registrations in accordance with Paragraph 2 of Article 15 hereof, or fail to pay the surety in accordance with Paragraph 1 of Article 17, hereof, the Administration shall revoke the approval of residency.
With regard to those Park Enterprises, incubation centers and research institutions that fail to start the implementation of the business plans on or before the prescribed deadline or fail to carry out its activities in accordance with the business plans, the Administration shall revoke the approval of residency.
The Administration shall order those whose approval of residency is revoked to vacate from the Park.