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Chapter Law Content

Chapter III: The Application and Operation of Registration
Section II: Documents for the Application for Registration
Article 34
In the absence of any provision to the contrary, the following documents shall be submitted for the application for registration:
(1) Application forms;
(2) Documents of evidence citing reasons for registration;
(3) Certificates of ownership or other rights if the rights have been registered;
(4) Identification evidences of applicants;
(5) Other documents of evidence as required by the Central Land Administration.
The documents of evidence, referred to in Subparagraph 4 of the preceding Paragraph, may not be required if they are able to be duly investigated through processing by computer.
Article 35
The documents referred to in Subparagraph 3 of Paragraph 1 of the preceding Article may be exempted from submission under any one of the following conditions, as the case may be:
(1) Registration due to expropriation, zone expropriation, appropriation or purchase of land at declared value of land;
(2) Registration due to confirmed land readjustment or re-survey;
(3) Registration based on the certificate for the transfer of right or judicial decision issued by the court as its documents of evidence citing reasons for registration;
(4) Registration of cancellation of other rights requested by the court;
(5) Application for registration by subrogation according to law;
(6) Registration for administrator of inheritance;
(7) Registration of statutory superficies;
(8) Registration of creation and cancellation of statutory mortgage according to the original Public Housing Act;
(9) Where other co-owners failed to submit the certificates of land ownership upon registration, according to the provisions of Paragraphs 1 to 3 of Article 34-1 of the Land Act;
(10) Registration of statutory mortgage according to the provisions of Paragraph 3 of Article 513 of the Civil Code;
(11) The certificate of ownership or other rights have not been previously issued according to the Regulation;
(12) To apply the land of the ancestor worship guilds or the deity worship associations change of name registration as the juridical person being owner, according to the Section 3 of Article 50 of the Act for Ancestor Worship Guild or the Section 3 of Article 24 of Cadastral Clearance Act;
(13) Any other exemptions according to the laws or announced by the Central Land Administration.
Article 36
The applicant shall affix his/her signature or seal to the application form unless the Regulation provides to the contrary.
When the application is filed by a registration agent, the registration agent shall affix his/her signature or seal to the application form or the letter of authorization. This also applies to situations where the agent has appointed a subagent.
Article 37
When land registration is applied by a registration agent, a letter of authorization shall be furnished. Where the agent has appointed a subagent, a letter of authorization shall be presented unless the application form has made a clear statement of the authorization.
When the agent or subagent applies for registration as referred to in the preceding paragraph, s/he shall personally present it and be identified by the registration agency, unless the laws or the Regulation provide to the contrary.
Article 38
When a letter of authorization, assigning an agent to apply for registration, is equipped with the conditions of specific authorization, the assignor may not affix his/her signature or seal to the application form.
The letter of authorization referred to in the preceding paragraph shall provide a detailed statement of the matters assigned and the location, number and the share of rights of the land or improvements assigned for application.
Article 39
A parent’s disposition of the land right on behalf of his/her minor child, requires said parent to sign and explicitly remark in the appropriate column of the application form, stating that such disposition is in the interest of such minor child when applying for land registration.
A legal guardian of the minor under his/her guardianship, or a custodian of the person under his/her custody, shall be required to present proof of court approval in order to purchase or dispose of land on behalf of the said minor or person in custody.
The registration of waiver of the right of inheritance requires no observance of the two conditions above if evidence of court approval for such waiver is presented with the application for the registration.
Article 40
The registering party shall appear in person at the registration agency when delivering a registration application, present the original copy of ID card, sign on the application form or proof documents citing the cause of registration on site, and receive the verification by the assigned personnel at the registration agency before an approval may be granted.
The registering party referred to above shall present one of the following identifications if ID card is not available:
(1) A passport or a resident certificate issued by the Government of the Republic of China if the applicant is an alien;
(2) An overseas compatriot identity certificate issued by the Overseas Compatriot Affairs Commission or documents required by the central land administration authority, and a secondary photo identification if the applicant is an overseas citizen;
(3) An identification or long-term resident certificate for the Taiwan area verified by the institute or civil organization established or designated by the Executive Yuan if the applicant is a mainland Chinese;
(4) A passport or permanent residence permit issued by Hong Kong or Macau if the applicant is a resident of Hong Kong or Macau;
(5) A naturalization or restoration approval issued by the competent agency, if the applicant has been granted citizenship through naturalization or restoration.
Article 41
When applying for registration, the presence in person of the concerned party is not required at the registration agency if any of the following conditions applies:
(1) The obligee may solely apply for registration according to the provisions of Subparagraph 4 of Article 27;
(2) The documents of evidence citing reasons for registration and the agreement have been notarized or certified according to laws;
(3) The application is filed together with the cases borne with conditions described by the preceding subparagraph and all applications have the same obligors with the same seals to affix;
(4) The documents of evidence citing reasons for registration have been examined and signed by a land registration agent according to law;
(5) If the registering party is incapable, or restricted from presenting himself and such party’s legal representative has undertaken the role according to the provisions of Article 39, and personally represents the said party at the registration agency;
(6) The registering party has created a land registration seal in the competent registration agency where the land is situated according to the Operation Rules of the Creation and Usage of land registration seal;
(7) Aliens or overseas citizens authorize the third party to apply for registration, and the letters of authorization have been certified or verified by a consulate of the Republic of China;
(8) The people of mainland China, Hong Kong or Macao authorize the third party to apply for registration, and the letters of authorization have been verified by any organization set up or appointed by the Executive Yuan, or by any private organization authorized by the Executive Yuan;
(9) If an ancestral worship clan association authorizes its administrator for disposition and the contract has been notarized or certified according to laws;
(10) The certification of seal, issued one year before the day the reasons for registration occurred, is furnished;
(11) When land lots are consolidated, the difference of land value before and after the consolidation of each owner’s fair share is less than one square meter’s publicly announced current land value;
(12) If the agreement of the initial registration of ownership of improvements bears the same seal of the obligee as that on the application form;
(13) Where the registration of rectification is carried out according to the provisions of Paragraph 3 of Article 43, and the difference of land value before and after the rectification of each co-owner’s fair share is less than one square meter’s publicly announced current land value;
(14) Where the registration is carried out under the names of the representatives elected by the originators of the establishment of any new legal person according to the provisions of Article 104;
(15) If the online statement for land registration is made and the identity is verified with digital certification;
(16) Any other exemptions from the personal presence of the parties concerned provided by the Central Land Administration.
Article 42
When the applicant is a legal person, documents of evidence concerning the registration of such legal person and the qualification of its representative shall be submitted. If the said legal person is an obligor, the certifications of seals of such legal person and its representative issued by the competent registration agency or other documents with sufficient evidence for proof shall be submitted in addition. A detailed statement, that the disposition procedure has been completed according to the provisions of related laws and ordinances, shall be made on the appropriate column of the application form with the applicant’s signature affixed.
In the case that the applicant is a corporation, the documents required include the registration forms for incorporation and changes issued by the competent registration agency, or the transcripts or photocopies.
When the obligor is a foundation or a corporation in charge of property for worship purposes, the documents of evidence of approval or consent of the competent authority to keep records for future reference shall be submitted.
Article 43
When there is more than one obligee for the application for registration, the fair share or the mutual relationship of rights shall be clearly written within the application form.
The fair share referred to in the preceding paragraph shall be indicated by a fraction, of which the numerator and denominator shall not be decimals and the denominator shall be indicated by intact tens, hundreds, thousands or ten thousands in principle, and no more than six digits.
If the indication of the shares of any registered co-owned land rights is not in accordance with the provisions referred to in the preceding paragraph, the registration agency may notify the landowners to reach an agreement by themselves within 30 days; then the registration of rectification may be, mutatis mutandis, carried out. If after the notification, the co-owners fail to reach an agreement after the time limit, the registration agency itself shall report to a higher organ for approval to correct it.
Article 44
When the consent of the third party is required for the application for registration, a written consent of the third party shall be furnished or the matters consented to shall be indicated in the application form by the third party.
The third party referred to in the preceding paragraph has to personally present himself/herself at the registration agency and follow the procedure prescribed by Article 40, except for when conforming to the conditions provided by Subparagraphs 2, 5-8 and 10 of Article 41.