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China’s Employee Probation Rules

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Q:
Can a limited company apply for a capital reduction?
A:
If a limited company wants to reduce its capital, it needs the approval from more than half of the shareholders’ voting rights.

Q:
Is the capital reduction of a limited company must be in proportion to the capital contribution of each shareholders?  
A:
The Company Act does not stipulate that a limited company must reduce its capital in proportion to the capital contribution. However, according to the Company Act, if the capital reduction is in proportion to the shareholders’ capital contribution, it requires the approval of a majority of the shareholders’ voting rights ; if the capital reduction is not proportionate, then it requires the approval of all shareholders before applying for the capital reduction.

Q:
How many shareholders’ approval does a limited company need to go through for capital increase?  
A:
Taiwan limited company’s capital increase must be approved by more than half of the shareholders’ voting rights.  

Q:
How many shareholders’ approval does a limited company need to go through the change of organization type?
A:
To change the organization type of the Taiwan limited company into a company limited by shares, it must be approved by more than half of the shareholders’ voting rights.  

Q:
Can a limited company change its organization type to a sole proprietorship or partnership?
A: The business of a sole proprietorship or partnership is registered in accordance with the Business Registration Act and does not have a legal personality. Therefore, a limited company cannot change its organization type to a sole proprietorship or partnership.

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