Procedures for Establishing a Branch Office in Taiwan by a Foreign Company

1. Preliminary Stage

(1) Lease of Office Space

Firstly, the parent company will have to enter into a tenancy agreement in relation to the office space to be used by the branch office. The office must be located in a commercial building.

(2) Legalization of Identity Documents of the Head Office

The parent company is also required to arrange to have the identity documents, such as Certificate of incorporation and Articles of incorporation and bylaws (including all amendments to-date) of the parent company legalized by the Taiwan Embassy in the country where the parent company is registered.

(3) Legalization of Board Minutes and Power

The parent company is also required to issue and have the Board Minutes, Power of Attorney appointing the company’s litigious and non-litigious agent and Power of Attorney appointing the branch manager legalized by the Taiwan Embassy in the country where the parent company is registered.

(4) Other Documentation

The parent company at the same time needs to prepare other documents, such as photocopy of passports and address proof of the Agent and Manager.

2. Application for Registration of the Branch

(1) Name Search and Reservation

The registration process of a branch starts with name availability search. The name of the branch should follow the format:

Country name of the parent company + Name of Country where the parent company is registered + Taiwan Branch Office

For example: 香港啟源商務諮詢有限公司台灣分公司

We will perform a name availability search with the Ministry Of Economic Affairs, R.O.C and confirm with you their availability. Should the search indicates that the preferred company names are available for registration, we then apply for the reservation of the preferred name

(2) Examination and Approval

As for the timing of approval, Ministry Of Economic Affairs is required to make its decision within 10 workings days from receipt of all the documentation.

(3) Opening bank account and capital verification

Once obtaining the approval from Ministry Of Economic Affairs, the person in charge of the branch is required to visit Taiwan for the purpose of account opening.

Once the account is opened, the parent company need to deposit the capital into the bank account in the name of the branch according to Taiwan laws and regulations. After the payment, the bank will issue you remittances memo(買匯水單) and inward remittance notification. You are required to provide a copy of the same to us for further processing.

(4) Application for Business Registration License

Immediate after the head office remitted the operating funds to the bank account of the branch office in Taiwan, we will then submit the application for registration of the branch office to local government for registration.

In one to seven days, as the case maybe, the local government will issue the branch registration certificate and it is at this date of issue that the branch office is regarded as officially registered.

3. Post-registration Procedures

Once after the branch office is officially registered, it is required to perform the following procedures so as to enable it to commence business:

(1) Registration and Purchase of Official Tax Invoices

The branch office is required to apply to be registered with the State Tax Bureau and then it could purchase official tax invoices from the State Tax Bureau.

(2) Foreign Trade Registration

The branch office is also required to be registered with the Bureau of Foreign Trade so as to enable it to carry out import and export activities.

(3) Application for Approval and Carving of Company Seals

Finally, we will arrange to make the chop and seal of the branch with authorized manufacturer.