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Chapter Law Content

Title: Shipping Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 3 Regulations for Shipping Agency and Freight Forwarding
Article 36
Whoever desires to operate a shipping agency shall submit relevant documents in application to the shipping administration authoritythe shipping administration authority for examining and submitting to MOTC for them to approve the establishment of the company.
A shipping agency shall legally register the company within six months after its establishment was approved; in addition, commercial activity may commence with an application for issuance of the permit delivered to the shipping administration authoritythe shipping administration authority for examining and submitting to MOTC.
Article 37
Any agency activity shall be operated by the shipping agency under the name of its client and shall be limited to the extent agreed upon by both parties.
Article 38
The shipping agency of a foreign vessel carrier shall be responsible for providing necessary assistance to any dispute or argument arising out of the solicited passengers and cargos in ROC.
Article 39
Whoever desires to engage in freight forwarding shall apply with relevant documents to the shipping administration authoritythe shipping administration authority for examining and submitting to MOTC for approval of the establishment.
The freight forwarder shall legally register the company within six months after it is approved.; in addition, a fixed amount of deposit or carrier’s liability insurance as regulated by MOTC while in application for permit issuance.
When the insurance stated above expires, the freight forwarder shall renew it automatically.
Article 40
Unless the branch was established by law or with a commission to ROC freight forwarder as agents in ROC territory, no commercial activities shall be initiated in ROC territory.
The said forwarder as above shall submit relevant documents to register the agency with the shipping administration authoritythe shipping administration authority.
The forwarding agency activity shall be operated by the forwarder under the names of its clients and shall be limited to the scope agreed upon by both parties.
Article 41
Except the freight forwarder that is operated by a vessel carrier, no freight forwarder shall bareboat charter vessels to transport the cargoes it solicits.
Article 42
The provisions set forth in Articles 7(3), 8, 9, 19 through 21, 24 and 26 shall also apply to the shipping agency industry and freight forwarding.
The provisions set forth in Articles 7(3), 8, 9, 19 through 21, 24 to 26, 31 and 38 shall also apply to freight forwarding and foreign freight forwarding.
The provisions set forth in Article 28, 29 and 31 shall also apply to the foreign shipping agency industry.
The provision set forth in Article 29 shall also apply to foreign freight forwarding.
Article 43
MOTC shall undertake to prescribe and give effect to the regulations regarding the minimum capital of the shipping agency industry, operational funds for branch establishment, applications for organization, issuance and replacement of permits, registrations of alterations of company information, operations, administration and permit fees for the shipping agency industry and the foreign shipping agency industry.
MOTC shall undertake to prescribe and give effect to regulations regarding the minimum capital of the vessel carrier industry, operational funds for branch establishment, applications for organization, issuance and replacement of permits, registration of alterations of company information, operations, administration and insurance amounts, guarantees and permit fees for the foreign vessel carriers industry.