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Corporate Service - Taiwan

Question

Taiwan Company Establishment- Investment from Mainland China

Answer
Q:
What is the qualification for investment from China?
A:
The investors mentioned herein refer to the individuals, juristic persons, organizations, other institutions from Mainland and the companies they invest into in a third area which are, in accordance with these Measures, engaged in investment behaviors in Taiwan area. The invested companies in a third area mentioned in the preceding paragraph refer to the individuals, juristic persons, organizations and other institutions from Mainland and in one of the following situations:
  1. Directly or indirectly holding the shares issued by a company in a third area or the total contributing amount exceeding thirty (30) percent.
  2. Having the controlling power over the companies in a third area. The Statute for Investment by Foreign Nationals shall not apply to the investment in Taiwan area made by the companies in a third area mentioned in the preceding paragraph.

Q:
What is the requirement for investment from Mainland China?
A:
In accordance with Measures Governing Investment Permit to the People of Mainland Area, the investments consist of the following kinds:
  1. Cash;
  2. Machinery and equipment or raw materials for own use;
  3. Patent right, trademark right, copy right, technical know-how and other
  4. intellectual property right; and
  5. Other property in which the investors may invest under the competent
  6. authority’s approval..

Q:
Is there any particular requirement for the investment?
A:
The investment application sent by the investors shall be forbidden where there one of the following situations occurs:
  1. position of economic exclusive occupancy, oligopoly or monopoly.
  2. political, social or cultural sensitivity or impact upon national security.
  3. Negative influence upon the national economic development or financial
  4. stability.

Q:
Is there any particular restriction for investors?
A: The competent authority shall make a restriction on the juristic persons, organizations, other institutions or third-area companies invested by political party, military, administrative or political agencies(institutions), or organizations of Mainland China to invest in Taiwan.

Q:
Is there any restriction on paid-up capital?
A: The Mainland-funded companies with paid-up capital over NT$ 30 million shall present the Financial Statements audited by the independent auditors within six (6) months after each accounting year, together with the shareholders’ list, to the competent authority for record. The competent authority shall, if necessary, require the Mainland-funded enterprises to submit the Financial Statements and other documents mentioned in the preceding paragraph. In view of inspecting the documents in the previous two paragraphs or learning the operating status or activities of the Mainland-funded enterprises, the competent authority shall dispatch inspectors to conduct the survey. The Mainland-funded enterprises shall not avoid, prevent or refuse.

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