There are two most common types of company in Taiwan, limited company and company limited by shares. Each type of company has the following natures,
- Liability of each shareholder limited to capital contribution.
- A limited company is usually chosen by small-to-medium sized foreign investors. The advantage and disadvantage are summarized as below.
- Required capital is much lower, and only 1 natural or juristic person is required.
- Liability of the shareholders for the company's debts is limited to the amount of their respective capital contribution.
- May invest in the stock and real estate markets in Taiwan.
- Subject to higher tax in comparison to branch operations.
- The managing director cannot be removed from office without the approval of all members.
- Capital gains tax is charged to interest sales of limited companies.
- Prior approval must be obtained from all shareholders before a shareholder can sell shares.
- Holding company cannot charge management overhead to Taiwan.
- Investors should first select a Chinese name for the company that they will be setting up in Taiwan. The company that they set up must then file an application for pre-review of the company name and business scope as well as to retain the company name during the prereview period with the Central Region Office, MOEA.
- An investor is required to submit the Investment Application Form and relevant documents to the Investment Commission. If the invested company is located in an export processing zone or a science park, then the investor should apply directly to the administrative agency in charge of that zone or park.
- For investors making inward remittances of foreign currencies, investment funds may be remitted from abroad after the investment is approved. When the remittance is settled in NT dollars, the original approval documents should be submitted to the domestic bank handling the transaction, and approval of the investment amount must be authorized by the authority which approved the investment according to the paragraph above.
- If the company being established involves an investment of NTD$ 500 million or more, the investor should apply to the Department of Commerce, MOEA, for the registration of his/her company. If the investment is less than NTD$ 500 million, the investor should apply to the local municipality government or the Central Region Office, MOEA (for Taiwan Province, Kinmen, and Matsu), depending on location. If the company being set up is located in an export processing zone, science park or free trade zone, the investor should apply directly to the administrative agency in charge of that zone or park.
- An investor must apply to the tax collection authority of the company's locality to register his/her business.
- The operator of an export/import business must apply first to the Bureau of Foreign Trade, MOEA, for an advance check of its English name, and then apply to that Bureau for registration as an export/import business.
- A company that is engaged in the manufacturing or processing of goods must apply for a factory registration with the local county or city government where it is situated. If the factory is located in an export processing zone, science park, or agricultural biotechnology park, the company should apply for registration with the administrative agency in charge of that zone or park.
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