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Chapter Law Content

Title: The Commercial Port Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 5 Forwarders of Ship Cargo Handling and Ship Cargo Management
Article 45
Application for forwarders of ship cargo handling management within commercial port area, should possess relevant documental applications that commercial port authorities can prepare and establish.
Applicants of the preceding paragraph can only start business after they applied for business license with the Commercial port authorities, and receive the permit within six months of the preparation, and complete company registration, along with all equipment properly placed.
If the preparation is not completed within six months as mentioned in the preceding paragraph, yet have already applied for business license with commercial port authorities, then the preparation should be restricted. But if there are proper reasons, an additional six months can be granted within 30 days before the above mentioned six month period expires. Such extention can only be applied once.
Article 46
Application for ship cargo management within commercial port area should possess relevant documental applications to apply with commercial port authorities.
Applicants of the preceding paragraph can only start business after they applied for business license with the Commercial port authorities, and receive the permit within six months of the preparation, and complete company registration, along with all equipment properly placed.
If the preparation is not completed within six months as mentioned in the preceding paragraph, yet have already applied for business license with commercial port authorities, then the preparation should be restricted. But if there are proper reasons, an additional six months can be granted within 30 days before the above mentioned six month period expires. Such extention can only be applied once.
Article 47
Forwarders of ship cargo handling and ship cargo management should open business within the six months they have received their business license (starting from the day they receive their license). If business is not opened six months after they received their license, then the commercial port authorities can repeal their permit, and cancel their license. But if there are proper reasons, an additional six months can be granted within 30 days before the above mentioned six month period expires. Such extention can only be applied once.
If forwarders of ship cargo handling and ship cargo management have opened business, but have no operating performances for at least six continuous months, then the commercial port authorities can repeal their business permit, and cancel their license. Those that have closed their business voluntarily for six months will have the same results.
If forwarders of ship cargo handling and ship cargo management cannot operate normally due to natural disasters or other unavoidable events, starting from the date of the event, descriptions of the event should be made within 7 days, along with the date that operations should normally begin again. These information should be reported to commercial port authorities for future reference.
Forwarders of ship cargo handling and ship cargo management when closing business, should starting from the date of closing, return their business license to commercial port authorities in 30 days. If license has not yet been returned, commercial port authorities can repeal their business permit, and cancel their license.
Article 48
When forwarders of ship cargo handling and ship cargo management intend to change its organization, name, address, representative, or capital, then they should change their company or business registration, and request for another permit from commercial port authorities.
Article 49
Business license of forwarders of ship cargo handling and ship cargo management cannot be borrowed, rent, or transferred.
Article 50
Forwarders of ship cargo handling should report the operations, financial condition and other relevant documents of the previous year to commercial port authorities before the end of each June for future reference.
Commercial port authorities should send personnel to check on the offices, business places, and other relevant locations of forwarders of ship cargo handling and ship cargo management at any time. Industries cannot refuse without any proper reasons.
When inspectors of the preceding paragraph carry on their job, they should tender their official documents. Industries can refuse the inspection if inspectors fail to show their documents.
Article 51
Minimum paid-in capital, operating machines, and insured amount of public liability insurance of forwarders of ship cargo handling, if are found by commercial port authorities to have not reached minimal standards, they should make due improvements in the given limited time. If no improvements have been made by the time limit, commercial port authorities can repeal their business permit, and cancel their license.
Article 52
Minimum paid-in capital, operating machines, insured amount of public liability insurance, and application, issue, renewal of preparation and establishment and business permit of forwarders of ship cargo handling should be stipulated by competent authorities. The license receiving fee and other items that should be followed, are also stipulated by competent authorities.
Business items of ship cargo management, application, issue, and renewal of preparation and establishment and business permit, along with license receiving fee and other rules that should be followed, should all be stipulated by competent authority.