FT provides a full range of services to assist Taiwanese and foreign nationals and corporations with the establishment of companies or branch offices in Taiwan, as well as with providing legal advice regarding the management, operation, and equity financing of the company, including suggesting which form of company should be selected. FT also advises clients regarding related companies, investment and employment issues during the operative stage.
According to the relevant laws and regulations, a company should not be formed without having complied with the registration requirements. An entity must first perform a search of the proposed company name and for the scope of business that the entity intends to conduct. If no other business uses the same name, the entity can apply to register the company. If, however the scope of the business is of a special kind (such as finance and securities, or aviation, for example), then after the search and application for the name and scope of business, the entity seeking to register must apply for special permits to the authority that supervises the establishment of the special business. Once the entity is registered, it must register the entity as a business that operates for profit as well as apply for issuance of a unified receipt number, which permits the business to operate for profit and to commence transactions by issuing unified receipts.
Generally, the forms of investment chosen by foreign companies include representative offices, branch offices or subsidiaries. If a foreign company does not intend to establish a branch office or subsidiary in Taiwan, then no permit is required, as the foreign company can merely delegate its representatives to carry on juristic acts incidental to the business in Taiwan. The foreign company needs only to report to the relevant authority regarding the establishment of its representative office. However, if the foreign company intends to conduct business in Taiwan, it must establish a branch office or a subsidiary. A Taiwan branch office of the foreign company and the foreign company itself are considered a single entity, as a branch office in Taiwan does not have an independent corporate personality. However, where the foreign company establishes a subsidiary company in Taiwan, the subsidiary is an independent corporate personality separate from the foreign parent company. Any rights and obligations arising out of legal acts exercised by the subsidiary are restricted to the subsidiary and do not affect the foreign parent company.
In addition to providing analysis to foreign companies regarding investment structure, FT can assist foreign companies with the application procedures for investment permits filed with the Investment Commission of the Ministry of Economic Affairs, and lease benefits and work permits, permanent residence visas for personnel and related legal consultation and applications.
FT provides legal advice regarding the laws and regulations that govern companies in general and with the design and drafting of agendas for shareholders and board of directors meetings, procedures for convening meetings, consultation throughout the entire progress of such meetings, legal analysis in connection with transactions and in negotiations (such as for the sale or purchase of assets, mergers, and the drafting of finance instruments), and restraint of trade for directors and managers and the exercise of company rights to account for profits. FT can also assist companies in drafting relevant memorandums and agreements.
Company management often requires the handling of complex labor and employment issues. FT assists with the resolution of labor disputes, the drafting of labor agreements, service contracts between employees and the company as well as internal management protocol or guidelines. Where the company has merged or has been reorganized, FT can assist with the arrangements and handling of labor issues, including the payment of severance and retirement payments, as well as mass redundancy of employees’ issues.
FT can also assist companies seeking to employ foreign nationals in Taiwan with applications for relevant hiring permits, legal consultation concerning employment of foreign nationals and drafting service contracts, among other services.
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