Setting Up a Branch Office in Taiwan

Setting Up a Branch Office in Taiwan

Article 375 of the Company Act 

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.

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.