Chapter 3 Counseling and Management of Immigration Service Organizations
Article 21
If a company acting as an immigration agent has experienced one of the following circumstances, it must apply to the NIA for a change of license by submitting an application for a change of registration certificate using the following documents:
1.Change of company name: A photocopy of the Articles of Incorporation, shareholders' approval letter or minutes of the shareholders' meeting, and a photocopy of the application form of the Ministry of Economic Affairs for pre-checking the name of the company and the business(es) it operates.
2.Change of person in charge or paid-in capital over a certain amount: Articles of Incorporation, minutes of board of directors' meetings, and shareholders' approval letter.
3.Change of company address: minutes of the board of directors' meeting or shareholders' approval letter.
If a company acting as an immigration agent adds or deletes businesses to or from the list of businesses under Subparagraph 3, Paragraph 1, Article 56 of the Act, it must apply to the NIA for permission by attaching the application for change of registration certificate, Articles of Incorporation, and shareholders' approval letter or shareholders' meeting minutes; If there is no such change as mentioned in the subparagraphs of the preceding paragraph , the company must, within 30 days after the approval is granted, apply to the NIA for the reissuance of its registration certificate by attaching the application for reissuance of registration certificate.
If the NIA approves the change of the registration certificate of a company that acts as an immigration agent as mentioned in Paragraph 1 of this Article, the company must, within 30 days after the company completes its change of registration in accordance with the law, apply to the NIA for the renewal of its registration certificate by attaching the application for renewal of registration certificate and the company's registration documents.
If a company that is registered as an immigration agent in the preceding paragraph is approved to change its business items but applies for renewal of its registration certificate after the deadline, the NIA must revoke its approval for such a change. However, if the immigration agent has a justifiable reason, it may apply for an extension of a 30-day period, subject to a one-time limit.
Changes in the name, person in charge, or address of a branch office established in Taiwan by a foreign immigration agency referred to in Article 13 will, mutatis mutandis, be governed by the provisions of Paragraphs 1 and 3 of this Article.
Article 22
An attorney who provides immigration services in accordance with the proviso of Paragraph 1 of Article 55 of the Act must, within one month from the day following the date of occurrence of the fact that the attorney or the law firm changes its registration, or changes the presiding attorney or the attorney in charge of the operation and management of the law firm, submit an application for a change of the registration certificate, together with the relevant supporting documents, and apply for a reissuance of the certificate of registration with the NIA.
Article 23
If there is any change in the number of immigration specialists employed by a company that acts as an immigration agent, it must be reported to the NIA within 15 days for future reference; if there is less than a quorum of 3 specialists, the company must make up for the change in the number of specialized specialists it employs within 60 days, and report its list of registered specialists to the NIA for future reference.
Article 24
If the security bond deposited by a company acting as an immigration agent in accordance with Article 7 becomes insufficient, the company must make up the full amount within 15 days from the date of receipt of the notice from the NIA. If the amount is not made up by that time, the company's license will be revoked in accordance with Article 87 of the Act, and the registration certificate will be canceled and announced as such.
A company that adds or deletes an immigration service to or from the list of businesses under Subparagraph 3, Paragraph 1, Article 56 of the Act must submit the following documents to apply for a change in the security bond:
1. An application for change of security bond.
2. A photocopy of the certificate of deposit.
3. A notification of pledge creation.
If a company that acts as an immigration agent deletes the business referred to in Subparagraph 3, Paragraph 1, Article 56 of the Act, it may, after the completion of the change of the security bond mentioned in the preceding section, apply for the return of its certificate of deposit by attaching the following documents:
1. An application for the return of the certificate of deposit.
2. Notification of extinguishment of pledge.
3. Receipt of the original security bond payment, relevant supporting documents, or an affidavit.
4. The company’s seal and the seal of its person in charge.
Article 25
Those who provide the immigration services under Subparagraph 3, Paragraph 1, Article 56 of the Act must attach the following documents to each immigration fund case, and apply for permission from the NIA:
1.A photocopy of the certificate of establishment of the immigrant fund issuing company or the immigrant fund management company, and a photocopy of the notification or approval document from the government of the destination country;
2.A photocopy of the cooperation agreement or authorization document between the two parties.
3.The latest prospectus of the Immigrant Fund.
4.In the application for each immigration fund intermediary, fill in the information sheet with the required items.
5.All directors and managers of an immigrant fund issuer or an immigrant fund management company must provide an affidavit or relevant supporting documents regarding the following matters:
(1).Having no record of bankruptcy.
(2). Not having been sentenced by a judicial authority to imprisonment for one year or more.
6.Legal Opinion on the Immigration Fund: The content of the opinion must indicate that the immigration fund can be used by the immigrant applicant to migrate to the destination country, and that the immigration fund complies with the destination country's regulations on the management of overseas sales of securities
7.The Certified Public Accountant's Opinion of the Immigrant Fund: The opinion must include an assessment of the risk of the immigrant fund's business objectives, and an assessment of the immigrant fund's management company's operational ability and the risk involved.
8.The immigration fund's trust agreement with the trustee in the destination country and its sales memorandum.
9.The immigration fund's original agreement and its Chinese translation: the content must include whether there are additional conditions for the immigration application, how to deal with the situation where it is impossible to cancel the additional conditions, the risk of cancellation of the conditions by the immigrant applicant, the special commitment of the immigration fund management company before the immigrant applicant receives the repayment amount, the trust account number of the immigrant applicant for the remittance of the money, matters of which immigrant applicants should be aware of with respect to the immigration fund, the repayment and refund methods for the immigrant applicants who abandon their applications or fail to obtain the immigration permission, and the handling of the immigration disputes, etc.
If an immigrant fund is issued, operated, or managed by the government of the destination country, the immigration service organization must apply to the NIA for approval by attaching the documents in Subparagraphs 1, 4, and 9 of the preceding paragraph.
An immigration service organization who has been authorized to intermediate an immigration fund case may authorize other immigration service organizations who are authorized to operate immigration funds to act as its agents. However, before granting any authorization, it must apply to the NIA for approval by submitting the name of the immigration service organization authorized to act as an agent and a photocopy of the supporting documents as stated in Subparagraph 2, Paragraph 1 of this Article.
Article 26
For each immigration fund case that an immigration service organization is authorized to handle, it must, within fifteen days after the expiration of the authorized duration, report its immigration applicants’ information to the National Immigration Agency for reference.
Article 27
When there is a change in the contents of each immigration fund case that an immigration service organization is authorized to handle, it must attach the relevant supporting documents and report to the NIA for future reference.
Article 28
An immigration service organization must, within 30 days after the end of each year, fill out an immigration business statistics form on the immigration cases handled during the previous year, and report it to the NIA for future reference.
Article 29
When a company that provides immigration services is dissolved, or when the NIA revokes or cancels its business license, the company must return its registration certificate; if the registration certificate is lost or destroyed, it must be accompanied by an affidavit or relevant supporting documents.
If a company that acts as an immigration agent returns its registration certificate, an affidavit or related documents in accordance with the preceding paragraph, and no immigration disputes have occurred after the NIA has made a public announcement regarding this matter for 60 days, the company may apply for the extinguishment of its pledge from the NIA and the return of its certificate of deposit by attaching the following documents:
1.An application for the return of certificate of time deposit.
2.Notification of extinguishment of pledge.
3.A list of outstanding immigration applications entrusted to the company, as well as documents proving that the aftermath has been handled properly.
4.Proof of dissolution or change of business registration.
5.Receipt of the security bond payment, related documents, or an affidavit.
6.The company’s seal and the seal of its person in charge, or the seal of the liquidator and photocopies of its supporting documents.
An attorney who provides immigration services in accordance with the proviso of Paragraph 1 of Article 55 of the Act, and whose registration as a law firm or branch office has been canceled, revoked, or abolished by the Taiwan Bar Association, or whose registration certificate has been canceled by the National Immigration Agency, must attach the documents stipulated in Subparagraph 2, Paragraph 2 of Article 30, and return the registration certificate to the NIA; and if the registration certificate has been lost or destroyed, it must be accompanied by an affidavit or relevant supporting documents.
Article 30
A company that terminates its immigration services must submit the following documents to the NIA to apply for the abolishment of its business license:
1.An application for termination of immigrant business activities;
2.Articles of Incorporation, minutes of directors' meeting, shareholders' approval letter or shareholders' meeting minutes;
3.Certificate of registration. If the registration certificate is lost or destroyed, it must be accompanied by an affidavit or relevant supporting documents.
If an attorney who provides immigration services in accordance with the proviso of Paragraph 1 of Article 55 of the Act terminates the practice, the attorney must submit the following documents to the NIA to apply for the cancellation of the registration certificate:
1.An application for termination of immigration practice and services.
2.A list of outstanding immigration applications entrusted to the attorney, as well as documents proving that the attorney has properly handled the aftermath.
3.Certificate of registration. If the registration certificate is lost or destroyed, it must be accompanied by an affidavit or relevant supporting documents.
Article 31
If an immigration service organization is subject to any of the following events, the NIA must make a public announcement:
1.Being warned, ordered to make corrections within a certain time limit, or ordered to suspend its business, or have its registration certificate revoked.
2.The company completes its dissolution registration.
3.Its security bond is used to indemnify immigration disputes.
If an attorney who provides an immigration services in accordance with the proviso of Paragraph 1 of Article 55 of the Act is determined to be subject to the disciplinary action of disbarment or suspension of practice in accordance with the provisions of the Attorney Regulation Act, the NIA must make a public announcement to that effect.
Article 32
An immigration service organization that applies for a review and confirmation of an immigration advertisement must submit the following documents to an immigration organization or an immigration association designated by the NIA (hereinafter referred to as "the reviewing organization"):
1. An application form.
2. Two copies of the advertisement submitted for review and confirmation.
3. Two copies of the supporting documents of the advertisement.
If an immigration service organization does not submit all the documents in the preceding paragraph, the reviewing organization may notify it to make corrections within 15 days following the day of notification of corrections.
Article 33
An immigration advertisement will not be reviewed for confirmation if it falls under one of the following circumstances:
1.It has not been corrected within the time limit specified in Paragraph 2 of the preceding Article.
2.It does not comply with regulations of NIA to operate its business.
3.It violates the immigration laws of the destination country.
4.It is exaggerating, false, or misleading to consumers.
Article 34
The review and confirmation of immigration advertisements must be completed by the reviewing organization within 15 days from the day after the receipt of the documents.
Article 35
The reviewing organization must estimate the actual cost and set the basis of fees, and must submit this fee basis to the NIA for approval before charging them.
Article 36
The reviewing organization must, within 30 days after the end of each year, report to the NIA the status of the previous year's review and confirmation of immigration advertisements for its future reference; it must notify the NIA on a case-by-case basis of any cases that failed its review and confirmation.
Article 37
For immigration advertisements that have been reviewed and confirmed or approved, the immigration service organization must display its registration certificate number and the review and confirmation number in the lower right corner of the advertisement or in a conspicuous place when the advertisement is published or broadcast.
Article 38
The immigration service organization must not add or delete any advertisement that has been reviewed and confirmed or approved. If the content of the original advertisement is no longer in line with the actual situation due to a change in circumstances, the organization must re-apply for review and confirmation and be assigned a review and confirmation number before the advertisement can be disseminated, broadcasted, or published.