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Chapter II. Approval of Incorporation and Registration
Article 3
Any person desiring to engage in ocean freight forwarder operation shall make an application, with enclosure indicated hereunder, for the approval of incorporation with the competent authority via the local shipping administration authority:
1. Application form (see Attachment 1);
2. Business plan;
3. In the case of a new company to be incorporated, a draft of articles of incorporation of the company; in the case of a limited company to be incorporated, a photocopy of each shareholder’s ID card; in the case of a company limited by shares, a photocopy of the incorporator’s ID card (see Attachment 2);
4. In the case of a company which is already incorporated but includes the ocean freight forwarder operation into its business lines, a draft of the amendments to the articles of incorporation of the company, together with the company’s certificate of corporation, minutes of the board meeting of the company limited by shares or shareholders’ agreement of the limited company.
Article 4
Any foreign ocean freight forwarder desiring to establish a branch office shall make an application, with enclosure of documents indicated hereunder, to the shipping administration for submission to the competent authority for the approval of incorporation of the a branch office:
1. Application form (see Attachment 1);
2. Business plan within the ROC territories;
3. Counterpart or photocopy of the license issued by the government of its home country granting the registration of ocean freight forwarder operations; and
4. The name, nationality and address of the representative appointed in the ROC territory for litigation and non-litigation cases, and the power of attorney given to the representative.
The documents under subparagraph 3 and 4 of the preceding paragraph shall be certified by any of the following entities. A Chinese translation must be attached if the documents are written in any foreign languages other than English:
1. An ROC embassy, consulate, representative office or liaison office, or an organization authorized or established or a private group commissioned by Executive Yuan in Hong Kong or Macao;
2. Any foreign entity in The ROC authorized by a foreign embassy or consulate in Taiwan or by a foreign government and engaged in certification of documents upon approval of the Ministry of Foreign Affairs of the ROC.
Article 5
Any ocean freight forwarder shall have paid-up capital of no less than NT$7,500,000, and for every additional branch office, a capital increase of NT$1,500,000 shall be required.
Any branch office of a foreign ocean freight forwarder shall keep a working fund in the ROC territory of no less than NT$7,500,000, and for each additional branch office, a capital increase of NT$1,500,000 shall be required.
Article 6
An ocean freight forwarder approved to be incorporated shall, in accordance with relevant laws, complete registration of the incorporation within 6 months upon approval of the incorporation, and shall apply to the shipping administration for submission to the competent authority for the license of ocean freight forwarder by attaching the following documents, together with the license fee and security bond:
1. Application form (see Attachment 3);
2. Certificate of corporation;
3. Articles of incorporation;
4. In the case of a limited company, the roster of shareholders; in the case of a company limited by shares, the roster of board members/supervisors;
5. Roster of managerial officers, and their ID cards.
A foreign ocean freight forwarder approved to be incorporated shall, in accordance with relevant laws, complete recognition and registration of the incorporation of a branch office within 6 months upon approval of the incorporation of the branch office, if any, and shall apply to the shipping administration for submission to the competent authority for the license of foreign ocean freight forwarder’s branch office by attaching the following documents, together with the license fee and security bond:
1. Application form (see Attachment 3);
2. Recognition documents issued by the competent authority and registration certificates of the branch office;
3. Roster of managerial officers and their ID cards (see Attachment 2).
Failure to apply for the license within the time limit referred to in the two preceding paragraphs, the approval of incorporation for the company/branch office shall be revoked, provided that an application for an extension may be filed within 30 days prior to expiration of said time limit with justified reasons, and said extension shall be no more than 6 months and the application for the extension shall be filed no more than twice.
An ocean freight forwarder shall apply for being enrolled into an ocean freight forwarders association within one month upon starting business.
Article 7
Any ocean freight forwarder desiring to establish a branch office shall make an application to the shipping administration for filing and inspection of the establishment with enclosure of the documents indicated hereunder, within 30 days upon completion of the registration for the branch office pursuant to the law:
1. Application form;
2. Photocopy of the branch office’s certificate of corporation;
3. Articles of incorporation.
An ocean freight forwarder shall not set up any branch under any other name, unless it sets up a branch office domestically.
Article 8
Any company which desires to apply for incorporation of a company to be concurrently engaged in ocean freight forwarding and air freight forwarding and for a consolidated license thereof shall file an application to the shipping administration by submitting documents specified in Article 3 and Paragraph 1 of Article 6 herein, and in Article 4 and Paragraph 1 of Article 7 of the Regulations Governing Air Freight Forwarders.
Any foreign ocean freight forwarder which desires to apply for incorporation of a branch office and for a consolidated license of concurrent operation in ocean and air freight forwarding shall file an application to the shipping administration by submitting documents specified in Article 4 and Paragraph 2 of Article 6 herein, and Articles 25 and 26 of the Regulations Governing Air Freight Forwarders.
Article 9
Any freight forwarder concurrently engaged in ocean freight forwarding and air freight forwarding with a consolidated license shall apply to the shipping administration for revocation of the license relevant to the business lines which it ceases to operate in part, if any, and for reissuance of the license, and shall surrender the license to the authority and apply to the authority for revocation of the approval of incorporation and cancellation of the license, and notification to the Civil Aeronautics Administration.
Article 10
Any alteration to the organization and name of an ocean freight forwarder shall be reported to the shipping administration for submission to the competent authority for approval, and an application form for reissuance of the license (Attachment 3), application for registration of the alteration (Attachment 4) and comparative table for the alteration (Attachment 5), together with the reissue fee, shall be submitted within 30 days upon completion of the registration of the alteration for reissuance of a new license.
Any alteration of the representative, managerial officer, capital, address, directors and supervisors of the company limited by shares, or directors and shareholders of the limited company, or windup and reopening, of an ocean freight forwarder shall be reported to the shipping administration within 30 days upon completion of the registration of the alteration.