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Chapter Content

Title:

Company Act  CH

Amended Date: 2021.12.29 
   CHAPTER IX Supplemental Provisions
      Section 1.Application
Article 387    Regulations governing the deadline date, the documents and statements submitted and other relevant matters for various registration application under this Act shall be prescribed by the central competent authority.
    The registration application referred to in the preceding paragraph may be made by the way of electronic transmission; regulations governing its implementation shall be prescribed by the central competent authority.
    An agent may be appointed for the application set out in the provisions of the preceding two paragraphs and such agent shall be limited to a certified public accountant or a lawyer.
    The responsible person of a company or the responsible person of a foreign company in the territory of the Republic of China who fails to file the application beyond the appropriate deadline date specified in the regulations to be prescribed under Paragraph One hereinabove shall be imposed with a fine of not less than NT$ 10,000 but not more than NT$ 50,000.
    Subject to the provision set out in Paragraph One hereinabove, the competent authority shall further order the responsible person of a company or the responsible person of a foreign company in the territory of the Republic of China to rectify his law violating act within a given time limit; and if he fails to take corrective action after expiry of the time limit, he shall be imposed with a fine of not less than NT$ 20,000 but not more than NT$ 100,000 for each time of non-compliance until the law violating act is rectified.
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Article 388    In case various registration application filed is held by the competent authority to be contrary to this Act or not in conformity with legal procedure, correction of errors shall be ordered, and the registration will not be made until such errors shall have been corrected.
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Article 389    (Deleted)
Article 390    (Deleted)
Article 391    An applicant who is convinced after filing that there are errors or omissions in matters stated, may apply for rectification of the same.
Article 392    The competent authority may issue certificates of matters contained in various company registration.
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Article 392-1    A company may apply for registration of corporate name in a foreign language to the competent authority and the authority shall register such foreign name in accordance with the foreign name indicated in the Articles of Incorporation.
    The competent authority may, by application, under one of the following circumstances, order a company to change its registration within a certain time limit, after the foreign corporate name is registered in accordance with the provision of the preceding paragraph; if the company fails to change its registration after expiry of the given time limit, the competent authority shall cancel or nullify the registration of the foreign name of that company:
  1. A foreign corporate name is identical with the foreign name which is registered or approved by pre-registration enquiry by another export/import firm prior to the registration of such foreign corporate name under the trade regulations. This restriction is also applicable in case the registration of such export/import firm has been canceled, withdrawn or nullified for less than two years;
  2. A foreign corporate name has been enjoined from using by a final court decision; or
  3. A foreign corporate name is identical with the foreign name of a government agency or public welfare organization.
    The kinds of foreign languages set forth in Paragraph One shall be prescribed by the central competent authority.
Article 393    The responsible person of a company or any interested person may, with reasons stated, apply for an access to examine, transcribe or make copies of the contents of various company registration records or documents in file; provided, however, that the authority may refuse such application or may set up a limitation of the information or data to be examined by the applicant, if necessary.
    The following particulars of company registration shall be made open to the public by the competent authority, and any person may apply to the competent authority for an access to examine, transcribe or make copies thereof:
  1. The name of the company; the foreign corporate name if it is indicated in the Articles of Incorporation;
  2. The scope of business of the company;
  3. The location of the company; the location of branch office, if any;
  4. The shareholder(s) executing the business operations or representing the company;
  5. The name of directors and supervisors and their respective shareholdings in the company;
  6. The name of the manager;
  7. The amount of authorized capital stock or of the paid-in capital;
  8. Whether there are special shares with multiple voting right or veto power over specific matters;
  9. Whether there are special shares issued under Item Five, Paragraph One of Article 157 or Item 4, Paragraph One of Article 356-7; or
  10. The Articles of Incorporation of the company.
    Any person may have the access to the information web site of the competent authority to examine the information enumerated in Items 1 through 9 of the preceding Paragraph; it is also applicable to Item 10, if agreed by the company.
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Article 394    (Deleted)
Article 395    (Deleted)
Article 396    (Deleted)
Article 397    In case a company fails to file application for dissolution with the authority after it has been dissolved, the authority may, ex officio or at the request of any interested party, rescind its registration.
    When executing the rescission of company registration under the preceding Paragraph, the competent authority shall, in addition to requiring, by an order or a ruling, the dissolution of the company, instruct the responsible person of the company to file a statement of objection, if may, within a period of thirty days. If no objection has been filed upon the lapse of the prescribed period or if the objection is found not well grounded, its registration shall be rescinded,
Article 398    (Deleted)
Article 399    (Deleted)
Article 400    (Deleted)
Article 401    (Deleted)
Article 402    (Deleted)
Article 402-1    (Deleted)
Article 403    (Deleted)
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Article 419    (Deleted)
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