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, the application of migration shall be submitted to MOEAIC (MOEA Investment Commission) and submit the change of registration to MOEA (Ministry of Economy Affairs) upon approval obtained from MOEAIC.
How to submit an application to MOEAIC? For example, investor A where the country of incorporation in Malaysia changed into Brunei. The required documents to prepare in advance as below:
Board of member meeting minutes of change of incorporated country of Investor A. If the board of director resolution is required solely by the prescribed laws of incorporation country, it is fine to submit the resolution solely;
The certificate of deregistration in Malaysia (in the way of deregistration as migration);
The registration documents as migration in Brunei of Investor;
The registration documents as migration in Brunei of Investor ,the legal opinion issued by a Malaysia lawyer and the photocopy of certificate of such lawyer;
The legal opinion issued by a lawyer from the new incorporated country (Like Bahama) and the photocopy of certificate of such lawyer;
The original copy of POA.
The legal opinions issued by the lawyer from original and new incorporated country shall be stated the prescribed laws of the accessibility of migration and the rights and duties will not be affected upon migration clearly. Besides, the resolution of migration shall be complied with the prescribed laws of the original and new incorporated country and proceeded the registration or deregistration, or the application of migration may be rejected by MOEAIC
POA and resolution of migration shall be notarized by the local notary or court and submitted the original copies to Taiwan MOEAIC for verification. It is suggested to consult with Kaizen to receive the professional opinion in advance by submitting an application.
Disclaimer
All information in this article is only for the purpose of information sharing, instead of professional suggestion. Kaizen will not assume any responsibility for loss or damage.
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