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

Print Time:2024/11/22 07:41
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Chapter Law Content

Chapter IV Establishment of Branch Units and Equity Investment in Taiwan
Section I Representative Offices
Article 25
A Mainland-area securities or futures institution or a Mainland-invested securities or futures institution that possess the qualifications of each of the following subparagraphs may apply to the competent authority for permission to establish a representative office in the Taiwan Area:
1. Experience in international securities and futures business.
2. Having received no disposition during the preceding 3 years from the competent securities and futures authority of the place of its registration requiring a suspension of business.
3. A financial report for the most recent period, audited or reviewed by a CPA of the place of registration, showing net worth per share not lower that par value, along with sustained profitability over the preceding 3-year period.
4. Consent to establish a representative office in Taiwan from the competent securities and futures authority of the place of registration.
The "experience in international securities and futures business" of subparagraph 1 of the preceding paragraph means having operated securities or futures business for 5 years or more, while possessing one of the following qualifications:
1. Having obtained status as a member of or qualification for trading on an exchange of a country other than the country of registration.
2. Having established a place of business in a country other than the country of registration.
A representatives under the paragraph 1 shall possess good moral character and integrity along with professional and leadership ability, and shall be free of any circumstance set out in Article 53 of the Securities and Exchange Act, Article 68 of the Securities Investment Trust and Consulting Act, and Article 28 of the Futures Trading Act.
Any single Mainland-area securities or futures institution or Mainland-invested securities or futures institution shall be limited to the establishment of only one representative office in the Taiwan Area.
Article 26
A Mainland-area securities or futures institution or a Mainland-invested securities or futures institution that applies to establish a representative office in the Taiwan Area shall apply to the competent authority for permission with the following documents:
1. An application.
2. A permission license approved and issued by the competent securities and futures authority or related agency at the place of registration, and documentation showing compliance with paragraph 1 of the preceding article.
3. A self-assessment analysis of the soundness and legal compliance status of its business operations.
4. Its articles of incorporation.
5. A record of the board of directors' resolution regarding application to establish a representative office in the Taiwan Area.
6. The document showing the consent of the competent securities and futures authority of the place of registration for establishment of a representative office in the Taiwan Area.
7. Financial reports for the most recent 3 years, audited and attested by a CPA of the place of registration.
8. The power of attorney for any representative assigned to the representative office.
9. The representative's curriculum vitae and documentation that their qualifications comply with paragraph 3 of the preceding article.
10. The power of attorney for the institution's agent applying to establish a representative office.
11. A register of the members of the board of directors.
12. Other documents required for submission by the competent authority.
If the documents under subparagraph 2 and subparagraphs 4 through 10 of the preceding paragraph were produced in a third region, then in addition to being legalized by a notary public or a notary organization of the place of registration, they must also be authenticated by a Taiwan embassy or consulate, representative office, office, or other agency authorized by the Ministry of Foreign Affairs ("foreign representative office"); if they were produced in the Mainland Area, they must be authenticated or verified by an agency established or designated by the Executive Yuan or a delegated private-sector entity.
A traditional Chinese version must be submitted for the documents prescribed under each subparagraph of paragraph 1.
Article 27
When a Mainland-area securities or futures institution or a Mainland-invested securities or futures institution establishes a representative office in the Taiwan Area, then except as otherwise provided by the competent authority, it may only engage in non-operational activities such as information collecting, liaison, and business surveys in relation to securities and futures business.
The competent authority may revoke the permission for establishment of a representative office in the Taiwan Area by a Mainland-area securities or futures institution or a Mainland-invested securities or futures institution for violation of the provisions of the preceding paragraph,.
Article 28
A Mainland-area securities or futures institution or a Mainland-invested securities or futures institution, within 6 months from the day it receives the competent authority's permission to establish a representative office, shall apply to the Ministry of Economic Affairs for permission in accordance with the provisions of the Act . Prior to the date of establishment, it shall submit a letter reporting the date of establishment and the address of its representative office, along with a photocopy of the Ministry of Economic Affairs' permission document, for recordation by the competent authority and the Ministry of Economic Affairs. The competent authority may revoke its permission if these steps have not been completed by the prescribed date.
The competent authority shall be immediately notified after the representative office has been established, and the representative office shall comply with the following provisions:
1. Any occurrence of a major contingent event or fraudulent practice at the representative office shall be handled and reported in accordance with the regulations of the competent authority.
2. Full and accurately updates shall be provided for any change in the relevant information on the representative office reported through the competent authority's designated information reporting website.
3. Prior to a change in representatives, documentation of a new representative's compliance with the provisions of Article 25, paragraph 3 shall be submitted to the competent authority for permission.
4. A change in the representative office's location or the office's closure shall be reported to the competent authority in advance for permission.
Article 29
When a Mainland-area securities or futures institution or a Mainland-invested securities or futures institution establishes a representative office in the Taiwan Area, it shall compile a work report on the status of its work in the Taiwan Area for submission to and recordation by the competent authority within 2 months after the close of the business year for head office.
Article 30
The competent authority may at any time dispatch personnel to audit work and other relevant matters at the Mainland-area securities or futures institution or Mainland-invested securities or futures institution, or require it to submit a work report or other relevant information within a specified deadline.
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