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Chapter Law Content

Chapter 4 Establishing Representative Office and Making Equity Investment in Taiwan Area
Section 2 Equity Investment
Article 41
A Mainland-area insurance enterprise or Mainland-funded insurance enterprise that meets the following requirements may apply to the Competent Authority for approval to make equity investment in an insurance enterprise in Taiwan Area:
1. The enterprise has shown sound operational performance and secure financial capacity in the three years prior to application;
2. The enterprise has no record of sanction due to major regulatory violation in the five years prior to application as shown by a certificate issued by the competent authority at the place of registration; and
3. The enterprise has a credit rating of at least A- from Standard & Poor’s Corp., at least A3 from Moody’s Investor Service, at least A from Fitch Ratings Ltd., at least twA+ from Taiwan Ratings Corporation, or an equivalent rating or better from any other credit rating agency recognized by the Competent Authority in the year prior to application.
Article 42
A Mainland-area insurance enterprise or Mainland-funded insurance enterprise intending to make equity investment under these Regulations shall submit the following documents to the Competent Authority for approval:
1. An application form;
2. An investment plan, including the strategic objectives and method of investment, expected benefits, sources of funds and fund utilization plan;
3. Basic information of the investor;
4. The credit rating of the investor in the year prior to application given by a credit rating agency sanctioned by the Competent Authority;
5. Documents describing sources of funds, regulatory compliance, financial integrity, and past investment experience;
6. Minutes of the board resolution approving the filing of an application to invest in Taiwan Area;
7. A document issued by the insurance authority at the place of registration approving the equity investment in Taiwan Area; and
8. Such other information or documents as may be required by the Competent Authority.
Documents mentioned in subparagraphs 5 and 6 in the preceding paragraph shall be certified by a notary public or a notarization institution at the enterprise’s place of registration. In addition, documents produced in a third area must be authenticated by an Overseas Mission; documents produced in Mainland Area must be authenticated or verified by a institution set up or designated, or by a private organization entrusted by the Executive Yuan.
All documents referred to in paragraph 1 hereof must be attached with a traditional Chinese counterpart.
Article 43
The investment of a Mainland-area insurance enterprise or Mainland-funded insurance enterprise in an insurance enterprise in Taiwan Area that is listed on Taiwan Stock Exchange or Gretai Securities Market shall not exceed 5 percent of said investee’s total outstanding voting shares; the investment in a listed insurance enterprise in Taiwan Area by all Mainland-area insurance enterprises and/or Mainland-funded insurance enterprises combined shall not exceed 10 percent of said investee’s total outstanding voting shares.
The investment of a Mainland-area insurance enterprise or Mainland-funded insurance enterprise in an unlisted insurance enterprise in Taiwan Area shall not exceed 10 percent of said investee’s total outstanding voting shares; the investment in an unlisted insurance enterprise in Taiwan Area by all Mainland-area insurance enterprises and/or Mainland-funded insurance enterprises combined shall not exceed 15 percent of said investee’s total outstanding voting shares.
If the shareholding of a personal insurance enterprise in Taiwan Area in an personal insurance enterprise in Mainland China may exceed 50 percent of the Mainland-area institution’s total outstanding voting shares or total capital under the Economic Cooperation Framework Agreement entered between Taiwan Area and Mainland Area, the Competent Authority may approve the percentage of equity investment mentioned in the preceding two paragraphs under special case status.
Article 44
Before a Mainland-area insurance enterprise or Mainland-funded insurance enterprise (with equity investment in Taiwan Area) elect or appoint a director of the invested insurance enterprise in Taiwan Area, the relevant evidentiary information and documents shall be submitted to the Competent Authority for approval.
If deemed necessary, the Competent Authority may order the Mainland-area insurance enterprise or Mainland-funded insurance enterprise to provide necessary information and documents or assign a person to the Competent Authority to answer questions within a specified time period.
Article 45
A Mainland-area insurance enterprise or Mainland-funded insurance enterprise that has been approved to make equity investment in Taiwan Area shall remit in the funds within the time period approved by the Competent Authority and report same to the Competent Authority after the remittance. The aforementioned insurance enterprise will be denied future investment if it fails to remit in the funds within the approved time period. However, before expiration of the approved time limit, an application may be filed with the Competent Authority for an extension if there is a legitimate reason.
Article 46
When a Mainland-area insurance enterprise or Mainland-funded insurance enterprise with equity investment in an insurance enterprise in Taiwan Area under the approval of the Competent Authority intends to transfer its shares, the transferor and the transferee shall jointly apply to the Competent Authority for approval.
If a Mainland-area insurance enterprise or Mainland-funded insurance enterprise violates the provisions in the preceding paragraph, the Competent Authority may annul the approval for its investment or take other necessary measures.
Article 47
A Mainland-area insurance enterprise or Mainland-funded insurance enterprise may apply for exchange settlement for the dividends or earnings distribution it has earned from its investment in Taiwan Area.
If a Mainland-area insurance enterprise or Mainland-funded insurance enterprise has transferred its shares in an invested insurance enterprise in Taiwan Area with the approval of the Competent Authority or its invested insurance enterprise undergoes capital decrease, such enterprise may apply for exchange settlement for the total amount of investment as approved by the Competent Authority. The same provisions apply to any capital gain derived from the investment.
A Mainland-area insurance enterprise or Mainland-funded insurance enterprise may not transfer its right of exchange settlement under these Regulations, unless it is otherwise approved by the Competent Authority in consultation with the Central Bank of the Republic of China.
Article 48
A Mainland-area insurance enterprise or Mainland-funded insurance enterprise (with equity investment in Taiwan Area) shall promptly report to the Competent Authority if it has any of the following situations:
1. Dissolved or suspended business.
2. Undergoing reorganization, liquidation or bankruptcy proceedings, or its business permit has been revoked or annulled by the insurance authority at the place of registration.
3. Merging, transferring, or assuming all or an essential part of assets or business of another financial institution.
4. Has incurred losses which exceed one third (1/3) of its capital.
5. Changing the name of the insurance enterprise.
6. Other matters required reporting by the Competent Authority.
Article 49
An insurance enterprise in Taiwan Area with equity investment from a Mainland-area insurance enterprise or Mainland-funded insurance enterprise shall input the basic and shareholding information of its Mainland-area shareholders into an information reporting system designated by the Competent Authority, and update such information when changes occur.