The establishment of a supervisor is a necessary supervisory and self-manageable unit for Taiwan company limited by shares pursuant to Company Act and aims to oversee the overall business operation and examination of accounting. The definition of “Supervise” is not only limited to hold the rights to oversee the businesses operated by directors
Limited company, limited company by shares and branch the aforementioned modes of Taiwan company shall submit the business report, financial statement and surplus earning distribution or loss off-setting proposals to shareholders or shareholder regular meeting for acknowledgement. The statement generated after the abovementioned procedure is finished is so-called final statement.
Several types of shares without certificate, but registration in TDCC (Taiwan Depository & Clearing Corporation), are still deemed as legal issued shares. Such shares are solely levied on transfer tax. However, other types of transacted stocks without certificate are deemed as property transactions. Such transaction is not levied on transfer tax, but levied higher on individual income tax.
A branch office does not have shareholders, directors or supervisor(s). The foreign head office shall appoint an individual as its agent for litigious and non-litigious matters and a branch manager. The same person may be designated as both the litigious and non-litigious agent and branch manager, or two different individuals may be designated. In either case, the designated agent and the branch manager receive all instructions from the foreign head office.
For companies where business address is registered within Taipei City, the application “Business Location Pre-check” is required to be proceeded by Taipei City Hall before registration of a company, change of registered address and adding of business items to make sure the business items are complied with the regulations of urban plan and architectural management or other related laws.
Migration is defined as a company changes the country where it is incorporated to another, which is equivalent to the change of nationality of company, but the juridical person does still survive. The concept is similar to immigration. In the circumstance that the foreign company owns a company in Taiwan
Upon the application of establishment of a Taiwan company for foreign investors, a copy of notarized POA (Power of Attorney) is required to submit and the agent shall be in the identity of natural person who has been residing in Taiwan and is not limited in accountants or lawyers. For investors from Mainland China,, the agent is mandatory to be a legal lawyer or accountant
Foreign company which does not intend to run their business within the territory of Taiwan but intends to establish a representative office for the demand of business shall report this fact to MOEA instead of application of recognition. The responsible person can be Taiwanese citizens or foreigners (excluding residents from Mainland China, but residents from Hong Kong and Macau included)
Each Foreign company which intends to deregister the Taiwan representative office shall proceed the procedure of deregistration of establishment in MOEA and deregistration of Tax ID in Taxation Bureau. Under the normal condition, the processing time of deregistration requires 2 weeks (14 days).
When a foreigners or a foreign company, including residents and companies from Hong Kong, Macau and Mainland China, intend to carry out business in Taiwan, they can consider setting up a company limited by shares, a limited company or a branch office in Taiwan.The article brief explains the major features, the registration procedures and the documents and materials required for the registration of a branch office in Taiwan by a foreign company.