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Guide to Setting Up a Company Limited by Shares in Taiwan

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Guide to Setting Up a Company Limited by Shares in Taiwan

As for foreign companies or individuals, if they intend to register a company limited by share in Taiwan, one must first apply for the “Company Name and Business Codes Reservation” with the Department of Commerce, Ministry of Economic Affairs (MOEA), then submit the application of foreign investment to the Investment Commission of MOEA. Investor can then open a corporate preparatory bank account upon approval and inject the capital. After the injection of capital, investor could submit the application for capital examination to the MOEAIC and proceed with the company registration to the city government after the approval.

Lastly, for the purpose of factory use and international trade, investors are required to apply for “Business Registration", "Factory Registration" and “Importer and Exporter Registration” to the National Taxation Bureau, Department of Economic Development and Bureau of Foreign Trade.

  1. Apply “Company Name and Business Codes Reservation” to Department of Commerce, MOEA

    This application can be made at the Department of Commerce of the Ministry of Economic Affairs. The working time of the Department of Commerce of the Ministry of Economic Affairs is about 1-3 working days. The documents to be prepared are 1 original copy of the application.

    It should be noted that the applicant of this application must be the "initiator" of the company limited by shares in the future establishment and registration. If a lawyer or accountant is required to be entrusted, a photocopy of the applicant's ID card must be provided. In addition, except for licensed business, the retention period for general company name and business pre-inspection is 6 months from the date of approval, so the company should complete the establishment registration within the 6 months.

  2. Apply “Foreign Investment Approval” to Investment Commission, MOEA

    This application can be processed at the Investment Commission of the Ministry of Economic Affairs. The general working time is about 5-7 days. The required documents are:
    • 2 originals and 2 photocopies of the application form;
    • One original copy of the applicant’s identity certificate and one Chinese translation;
    • One original copy of the power of attorney and one Chinese translation;
    • One copy of the company name and business codes reservation form.

    It should be noted that the most important preparation for this procedure is the identity documents and power of attorney of the foreign legal person applicant, because the above two documents should be notarized by the Taiwan embassy in the jurisdiction where the documents issued, therefore it is expected to take a long time. Also, the invested capital should be converted to TW, it is recommended to discuss and evaluate by professional accountants.

  3. Capital Injection

    This procedure can only be carried out after obtaining the permission letter of the previous stage. Generally, the person in charge of the company or the promoter himself may have to go to the bank to open an account in the name of the "preparatory office", depending on the internal regulations of each bank. Before handling fund remittance, it is recommended to confirm the requirements of the bank where the account is opened so that proper arrangements can be made.

  4. Apply “Capital Examination” to Investment Commission, MOEA

    The relevant information and forms for this application can be obtained from the website of the Investment Review Committee of the Ministry of Economic Affairs under "Application Form" -> "Investment by Overseas Chinese and Foreigners". The general working time is about 5-7 days, and it must be processed within 2 months after the remittance is implemented. The required documents are:
    • One original copy of the approval letter for overseas investment;
    • One original copy of the application;
    • 1 original and 2 photocopies of the inward remittance advice;
    • 1 original copy and 2 photocopies of the purchase order;
    • 1 bank passbook for the preparatory office of the newly established company.

  5. Apply “Company Registration” to City Governments

    This application can be processed at the commercial office of the county or city where the company's registered address is located. The processing time of the commercial office is generally about 5 to 7 days. In addition, the total capital of a company limited by shares is usually at least TWD 500,000. The capital amount shall also take the initial operation cost into account.

    The required documents are:
    • One original copy of the company name and business pre-check application form
    • One original copy of the power of attorney to appoint an agent;
    • One original copy of the articles of association of the company;
    • One original copy of the meeting minutes of the initiators;
    • One copy of the minutes of the board meeting and the sign-in book;
    • 1 original copy of the consent letter for the appointment of directors and supervisors;
    • One original copy of the consent form of the building owner;
    • 1 copy of the tax bill of the latest housing tax payment (tax payment in May of the current year);
    • One original copy of the list of promoters;
    • One original copy of the power of attorney of the certified accountant;
    • One original copy of the accountant's capital verification report;
    • 1 original copy of the legal personality certificate and 1 copy of the Chinese translation and 1 copy of the original designation letter of the representative;
    • 1 photocopy of the qualification certificates of directors and supervisors;
    • One copy of the investment approval letter and the capital approval letter from the Investment Review Committee of the Ministry of Economic Affairs.

  6. Other Procedures

    After the company registration, the company has become a legal person. For the purpose of factory use and international trade, investors are required to apply for “Business Registration", "Factory Registration" and “Importer and Exporter Registration” to the National Taxation Bureau, Department of Economic Development and Bureau of Foreign Trade.

See also:
Taiwan Company Limited by Shares Registration Fees (For Foreign Company and Individual Apply for Registration of Taiwan Company  Limited by shares)

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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