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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 6 Management of Civil Air Transport Enterprise
Section 5 Airport Ground Handling Services
Article 74
Any person wishing to run an airport ground handling service shall apply to CAA for permission from the MOTC in order to set up business. Within a specified preparatory period, the applicant shall complete registration with appropriate authorities according to law, and submit to MOTC via CAA for approval. Only after receiving an airport ground handing service license issued by CAA can business get started.
In the event the airport ground handing service fails to start operation for more than 12 months after the CAA license was issued, or has suspended business for over six months after starting up, the CAA will advise MOTC to have its permission withdrawn, then revoke the license and notify concerned agencies to abolish the registration. However, an extension may be applied for on the basis of justifiable reasons.
The above said extension, when approved, shall not be in excess of six months, and it can be granted just once only.
Article 74-1
An airport ground handing service shall be formed as a company organization in compliance with the following rulings:
1) Unlimited company with the entire body of its shareholders being citizens of the ROC.
2) Limited company with over 50 percent of capital owned by citizens or legal persons of the ROC and represented by directors who are citizens of the ROC.
3) Company formed by shareholders of both limited and unlimited liabilities, whose unlimited liability shareholders are citizens of the ROC.
4) Company limited by shares with over 50 percent of its total shares owned by citizens or legal persons of the ROC, whose chairman and over 50 percent of the directors are citizens of the ROC; provided that no single citizen or legal person of a foreign country may hold more than 25 percent of its total shares.
Stocks issued by company limited by share must be registered by name.
If otherwise provided for under a treaty or agreement, airport ground handling service shall not be bound by restrictions in the 2 preceding paragraphs.
Article 75
Civil air transport enterprise may apply for permission from MOTC via CAA to operate concurrently an airport ground handling service.
The foregoing provision shall also apply to foreign civil air transport service, provided whose home country grants equal rights to ROC civil air transport enterprise to operate airport ground handling service in that country under a treaty or agreement, or based on an equal and reciprocal principle.
To maintain airport security and good business order, MOTC may impose partial or complete restrictions on the operations of the approved airport ground handling service run concomitantly by a civil air transport enterprise, or an authorized private airport ground handling service.
Article 75-1
Rules governing airport ground handling service, both Chinese and foreign civil air transport enterprises applying for concurrent operation of airport ground handling service or private ground handling service, their business items, application for permission to set up business, for license, registration, cancellation and renewal, amount of capital, increase or decrease of business items, change in company registration, collection of license fees and business management, shall all be enacted by MOTC.
Article 76
The provisions of Article 57 and paragraph 3 of Article 66 shall apply to the airport ground handling services.
Article 77
The provisions of Article 57, paragraph 3 of Article 66, Article 74, Article 74-1 and Article 75 shall apply to the flight kitchen service.
Article 77-1
Rules governing flight kitchen service, both Chinese and foreign civil air transport enterprises applying to run concurrently a flight kitchen service, their business items, application for permission to set up business, application for license, registration, cancellation and renewal, amount of capital, change in company registration, collection of license fees and business management, shall all be provided by MOTC.