Taiwan

When a foreigners or a foreign company, including residents and companies from Hong Kong, Macau and Mainland China, intend to carry out business in Taiwan, they can consider setting up a company limited by shares, a limited company or a branch office in Taiwan. The article brief explains the major features, the registration procedures and the documents and materials required for the registration of a limited company in Taiwan. This article is prepared for the reference of our clients. “Company? Here in this article refers to Limited Company.        Features of Taiwan Limited Company (1) Name of Company A name that is similar to or identical to an existing company. A name that constitutes a criminal offence or is otherwise contrary to the public interest. A name that implies government patronage.   (2) Directors of a Taiwan Company A minimum of one director is required to be appointed at the […]

When a foreigners or a foreign company, including residents and companies from Hong Kong, Macau and Mainland China, intend to carry out business in Taiwan, they can consider setting up a company limited by shares, a limited company or a branch office in Taiwan. The article brief explains the major features, the registration procedures and the documents and materials required for the registration of a branch office in Taiwan by a foreign company. This article is prepared for the reference of our clients. 1. Features of Branch Office in Taiwan (1) Name of Branch Office The name of the branch office should be in the following format: Name of country of registration of the foreign company + name of the foreign company + Taiwan Branch Office. For example, a Hong Kong registered company named Kaizen Corporate Services Limited applies to set up a branch office in Taiwan, the name of […]

1. Introduction In accordance with the prevailing laws and regulation, businesses registered in Taiwan are required to maintain accounting records and prepare annual financial statements in accordance with Taiwan Generally Accepted Accounting Principles (GAAP), which largely follow International Financial Reporting Standards (IFRS) and US GAAP. In addition, Taiwan’s income tax law requires that a profit-seeking enterprise keeps sufficient and accurate account records and supporting documents for calculation of its taxable income. 2. Accounting Books and Records (1) Accounting Period Businesses generally use the 1 January to 31 December calendar year as their accounting year, which is the same as the fiscal year for tax purposes. However, a company may, with permission, adopt a non-calendar year-end. (2) Bookkeeping Currency Accounting books must be denominated in the local currency (New Taiwan dollar, NTD). If accounts are kept in a foreign currency due to business needs, such currency must be translated into the […]

(1) No Distinct Legal Identity In general, a Taiwan branch office of a foreign company does not have an independent legal personality. Establishing a branch in Taiwan theoretically subjects the foreign head office to the jurisdiction of the Taiwan courts. A branch office does not have shareholders, directors or supervisor(s). The foreign head office shall appoint an individual as its agent for litigious and non-litigious matters and a branch manager. The same person may be designated as both the litigious and non-litigious agent and branch manager, or two different individuals may be designated. In either case, the designated agent and the branch manager receive all instructions from the foreign head office. (2) Scope of Business The branch office is allowed to carry out business activities different from those of the head office or as approved by the business registration authority or any other licensing authority in Taiwan if such license […]

It is estimated that the whole registration process would take around 6-8 months. The table below shows the estimated time frame for each of the steps for the registration process. Step Description Who is Responsible Working Days Preliminary 1 Legalization of identification documents of the head office Investor Investor’s schedule 2 Lease of office and execution of tenancy (lease) agreement Investor Investor’s schedule 3 Other documents Investor Investor’s schedule Application for Registration 4 Perform name available search Kaizen 5 5 Application for Approval from Ministry Of Economic Affairs, R.O.C Kaizen 10 6 Opening bank account Kaizen 7 7 Contribution and remittance of operating funds of the branch office Investor   8 Application for Business License (營利核准) Kaizen 7 Post Registration Procedures 9 Perform State Tax Registration(國稅局稅籍登記) Kaizen 7 10 Application for Approval and Carving of Company Seals Kaizen 3 11 Application for registration with the Bureau of Foreign Trade (optional) […]

Type of Entity Branch Office of Foreign Company Subsidiary Limited Company Company Limited by Shares Character Foreign companies apply for recognition and set up branch office, for doing business in Taiwan. Shareholders apply for an independent corporation, for doing business in Taiwan. Company Name Translate foreign company name into Chinese language and apply for name verification. Name company & apply for name verification Documents 1. Certificates of the status of foreign companies /nationals 2. Authorization letter of proxy which legalized by Taiwan embassy 3. Investment plans Minimum Number of Shareholders 0 1 1-2 (Note 1) Minimum Number of Directors 1 (Note 2) 1 3 Minimum Number of Supervisors N/A N/A 1 Corporate Directors Permitted No (Note 2) No Requirement for Local Directors No Requirement for Local Supervisors N/A No Requirement for Registered Office Yes Requirement for Local Meeting No Yes Minimum Authorized Capital(Note3)   Requirement for share certificates N/A No […]

Introduction to The Statute for Repatriation of Offshore Funds In response to the changes of international situation (such as U.S.-China trade war, Economic Substance Act requirements and the wave of global anti-tax avoidance), the Taiwan Government has planned three tax incentives. Besides, Taiwanese enterprises may have the need to restructure their investment structure and the global operation formation so as to repatriate funds to Taiwan. Taiwan government is also encouraging Taiwanese enterprises to repatriate funds which have been placed overseas in the past to Taiwan for industrial upgrading or reinvestment. The first item is to provide a taxation consulting service. The Taiwan Executive Yuan approved the program “Bring back investments from overseas Taiwanese enterprises” on 17 December 2018. The implementation period of the above program is 3 years (from 1 January 2019 to 31 December 2021). It is oriented to the needs of enterprises. It provides a customized single-window service […]

1. Report to Department of Commerce, MOEA of registration particulars of foreign head office and establishment of representative office Documents required: Application form Certificate of incorporation issued by the government authority (authenticated by the representative of the Taiwan government in the country where the foreign head office is resident) and Chinese translation Business registration certificate (for Hong Kong companies only) (authenticated by the representative of the Taiwan government in the country where the foreign head office is resident) and Chinese translation Power of attorney appointing the legal representative in Taiwan (authenticated by the representative of the Taiwan government in Hong Kong) and Chinese translation Photocopy of the ID card of the litigation / non-litigation agent in Taiwan (if a Taiwan national) Photocopy of the passport of the litigation / non-litigation agent in Taiwan (if a foreign national) Photocopy of Hong Kong permanent ID card (if the litigation / non-litigation agent […]