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Overseas Chinese & Foreign Investment

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Content   File
A. CHECK LIST OF DOCUMENTS REQUIRED FOR APPLICATION FOR INVESTMENT BY OVERSEAS CHINESE OR FOREIGN NATIONAL (FOR APPLICATION FORM A)
Form A (Mar. 2021).doc
Form A (Mar. 2021).odt
B. CHECK LIST OF DOCUMENTS REQUIRED FOR APPLICATION FOR INCREASE OR REDUCTION OF INVESTMENT IN THE INVESTED ENTERPRISE BY OVERSEAS CHINESE OR FOREIGN NATIONAL (FOR APPLICATION FORM B)
Form B (Oct. 2020).doc
Form B (Oct. 2020).odt
Form B-1 (Oct. 2020).doc
Form B-1 (Oct. 2020).odt
C. APPLICATION FOR VERIFICATION OF INVESTMENT AMOUNT BY OVERSEAS CHINESE OR FOREIGN NATIONALS
(This form is applicable to investment in cash for reference)
Form C (Dec. 2020).doc
Form C (Dec. 2020).odt
D. Instructions on Application for Transfer of Equity Interests by Overseas Chinese or Foreign Nationals, or Mainland Investor and Application Forms
Form D.doc
FormD.odt
E. APPLICATION FOR CHANGE OF NAME OR BUSINESS SCOPE OF DOMESTIC ENTERPRISE
(This form is applicable to the domestic enterprise invested by an overseas Chinese or foreign investor ("OCF Investor"), or an investor of mainland China ("Mainland Investor") that changes name or business scope.)
Form E.doc
FormE.odt
F. APPLICATION FOR WITHDRAWAL OF INVESTMENT
(This form is applicable to the dissolution of the invested enterprise.)
Form F.doc
FormF.odt
G. APPLICATION FOR (Applicable to Foreign Legal Person)
Form G.doc
FormG.odt
H. APPLICATION FOR REINVESTMENT BY THE DOMESTIC ENTERPRISE
(This form is applicable to the first layer domestic company invested by an overseas Chinese or foreign national with more than 1/3 shareholding in the company, which reinvests in another ultimate domestic target company for reference)
Form H (Dec. 2020).doc
Form H (Dec. 2020).odt
Content   File
Negative List for Investment by Overseas Chinese and Foreign Nationals
(Amended on Feb 8, 2018)
Negative_List_for_Investment_by_Overseas_Chinese_and_Foreign_Nationals.pdf
Regulations for Verification of Investment by Overseas Chinese and Foreign Nationals
Regulations.pdf
Statute For Investment By Overseas Chinese
Statute For Investment By Overseas Chinese.docx
Statute For Investment By Overseas Chinese.odt
Statute For Investment By Foreign Nationals
Statute For Investment By Foreign Nationals.docx
Statute For Investment By Foreign Nationals.odt
Content   File
I. Flowchart of Procedures for Investment in Newly Established Domestic Companies(2017.1.1)
Form I.doc
Form I.odt
III. Flowchart of Procedures for Review of Applications
Form III.pdf
The Interpretation of the Standard for Determining Whether a Third-Area Company Is an Investor of the Mainland Area
New Form IV.odt
New Form IV.doc
Required Documents and Guidance Notes for Investment Application by Overseas Chinese and Foreign Nationals
Form V.pdf
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What kind of documents should a foreign investor submit when applying to invest in Taiwan’s critical industries?

Foreign investors applying to invest in Taiwan’s critical industries shall submit common and essential documents (such as investor identifications, Power of Attorney certificates, identification of the appointed agent, information of the invested enterprise, investment kinds), case-specific documents (such as documents required for initial investments, capital increase, or transfer of equity interests), as well as the following:
I. Critical industries shall be as follows:
i. Taiwan’s top 100 listed or over-the-counter (OTC) companies by market capitalization, or public companies with equivalent scale,
ii. Enterprises operating restricted industries designated by the Statute for Investment by Foreign Nationals, or enterprises operating special permission industries, including cable radio and television, satellite broadcasting, financial and insurance industries, and public utility industries,
iii. Enterprises operating industries recognized as critical and substantial by the Competent Authority
II. The foreign investor shall provide detailed descriptions and relevant documents according to each of the following items:
i. Transparency of the investment plan:
(a) The transparency of the investment plan shall include comprehensive and detailed operational plan, investor’s background information, holding structure of the investment, details of the investor’s shareholders and directors, and sources of the investment capital.
If necessary, proof of investment capital, agreements of equity interest transfer (and other related agreements), evaluation documents of equity interest acquisition price, and information concerning the transaction process shall be submitted.
(b) The aforementioned “comprehensive and detailed operational plan” shall include future operational objectives, corporate structure and human resources planning, strategic planning for operation and marketing, detailed cost analyses and financial plans, impact towards the invested enterprise’s revenues and earnings, impact towards the advancement of the invested enterprise’s industrial technology and operational capability, and whether or not the investment is beneficial towards the invested enterprise in advancing the development of other related industries or companies in Taiwan.
ii. Financial soundness of multi-layer holding structure:
The investor shall clarify that utilizing multi-layer holding structure for investment is necessary and reasonable, and, for the invested enterprise and other enterprises within its domestic holding structure, the reasonableness of each enterprise’s capital amount level, its financing issues, its operational status, as well as its financial conditions.
If necessary, a most recent financial statement reviewed and certified by a Certified Public Accountant (CPA), an analysis of the investor’s future solvency and financial feasibility, a copy of lending statement or lending agreement from a commercial bank, as well as the impact on tax collections, shall be submitted.
iii. Protection of workers' rights in Taiwan:
The investor shall clarify the following: the impact towards employment (as well as possibilities of future job creation), mandatory compliance in accordance with labor regulations, commitments to employees’ working conditions (as well as wage growth contributions), and whether or not cheap labor costs in Taiwan contributed to the investor’s incentives. The investor shall also submit an original declaration, stating that it will not damage domestic worker’s employment interests and that it will not violate Taiwan’s labor regulations.
iv. Protection of shareholders’ interests of the invested enterprise:
The investor shall submit a statement concerning the protection of shareholder’s interests of the invested enterprise, including recusal by directors, supervisors, and shareholders with effective influence from conflict of interest, their responsibilities of administrative prudence, and their duty of loyalty. Disclosure of critical and substantial information of the invested enterprise, and the protection of domestic shareholder’s interests, shall also be included.
v. Other items may be requested for review by the authorities concerned in accordance with the specificity of the application.
Content   File
A2. Declaration for Qualification of Foreign Investor (for foreign legal person)
New Form A2.odt
New Form A2.doc
A4. LETTER OF REPRESENTATION FOR CROSS-BORDER MERGER AND ACQUISITION
Form_A4.docx
Form_A4.odt
A2I. Declaration for Qualification of Foreign Investor Who Is a Listed Company or Who Has a Controlling Listed Shareholder
New Form A2I.odt
New Form A2I.docx
A1. Act Governing Relations Between Peoples Of The Taiwan Area And The Mainland Area (Last Amended on September 1, 2010)
A1.doc
A1.odt

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