Setting Up a Branch Office in Taiwan
A Foreign company, after having been given certificate of recognition, shall have the same rights and obligations and shall be subject to the same jurisdiction of the authority as a domestic company, unless otherwise provided by law under article 375 of the Company Act.
For obtaining the certificate of recognition, the following documents will be required:
| 1. | Documents for application for recognition and branch registration : | ||
| a. | Duplicate of the application form for name reservation with MOEA’s approval seal | ||
| b. | Two copies of the registration card for recognition | ||
| c. | Two copies of the registration card for the branch | ||
| d. | Application letter | ||
| e. | Power of attorney appointing the company’s litigious and non-litigious agent | ||
| f. | Power of attorney appointing the branch manager | ||
| g. | Photocopy of the articles of incorporation and bylaws | ||
| h. | Photocopy of the company’s certificate of incorporation | ||
| i. | Duplicate or photocopy of the official document issued by the foreign government authorities if the company’s establishment requires special approval | ||
| j. | Photocopy of the ROC competent authorities’ approval letter if the branch’s business requires a special permit | ||
| k. | Minutes of the board of directors’ meeting | ||
| l. | Photocopy of the notice of inward remittance and the exchange memo for operating capital remitted into the ROC | ||
| m. | Photocopy of the identification card of the company’s litigious and non-litigious agent and branch manager (if an ROC national) | ||
| n. | One of the following residence documents of the litigious and non-litigious agent and branch manager (if a foreigner) | ||
| i. | Photocopy of his valid alien resident certificate ;or | ||
| ii. | Photocopy of his passport (the agent must state his residence on his copy , sign his name on it and affix his personal chop to it ) ; or | ||
| iii. | Certificate from his government identifying him and stating his residence ; or | ||
| iv. | Affidavit from him stating his residence and nationality | ||
| o. | A photocopy of the original house ownership certificate for the building of the branch or a document to prove payment of the latest house tax; and a photocopy of the original house lease contract or an agreement issued by the house owner. | ||
| p. | Registration fee :1/4000 of the branch’s operating capital plus NT$1,000 | ||
| q. | Photocopy of Investment Commission’s approval letter (If a person, or a legal entity, or an organization/institution from the mainland area directly or indirectly holds over 30% of the shares in your company, or has the right to control your company, please obtain prior investment permission from the Investment Commission, M.O.E.A. first) | ||
| 2. | Power of attorney appointing a CPA or a lawyer to apply for recognition / registration | ||
| 3. | Item 1.e, f, g, i, k and n4 must be notarized by a notary public and authenticated by the nearest ROC embassy or consulate or by the appropriate representative of the ROC government in the country where the company is located | ||
| 4. | If Items 1.e to 1.i and 1.k are not in Chinese, they must be translated into Chinese. | ||