Teresa Huang The Supreme Court rendered the 108-Tai-Shang-779 Decision of August 14, 2019 (hereinafter, the “Decision”), holding that although Article 16, Paragraph 1 of the Company Law specifically provides that a company shall not serve as a guarantor, still a […]

Karl Zhang On December 12, 2019, the 74th executive meeting of the State Council adopted the Regulations on the Implementation of the Foreign Investment Law of the People’s Republic of China (the “Regulations”) and announced on the 26th of the […]

Sean Tsou The Supreme Court rendered the 108-Tai-Shang-640 Decision of June 12, 2019 (hereinafter, the “Decision”), holding that the exercise of the conversion right by corporate bond holders is still subject to the restrictions on the conversion right under the […]

Karl Zhang The China Securities Regulatory Commission (the “CSRC”) reviewed and approved the Decision on Amending the Measures for the Administration of Major Asset Restructurings of Listed Companies (the “Decision” on “Restructure Measures”) in the 3rd executive meeting of the […]

Emily Chueh Article 163 of the Company Law of Taiwan provides: “Unless as otherwise provided for in this Law, assignment/transfer of shares of a company shall not be prohibited or restricted by any provision in the Articles of Incorporation.”  Basically, […]

Joyce Wen The Ministry of Finance issued the Circular on the Promotion of Fair Competition in Government Procurement and the Optimization of the Business Environment (the “Circular”) on July 26, 2019.  The Circular stipulates several measures to promote fair competition […]

2019.5.2 Alex Liao The Supreme Court rendered the 107-Tai-Shang-1498 Civil Decision of May 2, 2019 (hereinafter, the “Decision”), holding that if a victim requests that a company’s legal representative and the company assume joint and several liability for compensation pursuant […]

2019.1.30 Yi-Shan Cheng The Taiwan High Court rendered the 107-Shang-1132 Civil Decision of January 30, 2019 (hereinafter, the “Decision”), holding that endorsement and delivery of a stock are the only means to transfer a registered stock.  If this requirement is […]

2019.3.27 Sean Tsou The Supreme Court rendered the 108-Tai-Shang-403 Civil Decision of March 27, 2019 (hereinafter, the “Decision”), holding that if an incompetent director still serves as a director at the end of oral arguments at the trial court, a […]

2019.4.29 Karl Zhang On April 29, 2019, the State Administration of Foreign Exchange promulgated the Measures for the Administration of the Foreign Exchange Business of Payment Institution (the “Measures”), which came into effect on the day of promulgation, and the […]

2019.4.28 Jolene Chen On April 28, 2018, the Supreme People’s Court promulgated the Provisions on the Application of the Company Law the People’s Republic of China (5) (the “Provisions”), which will go into effect on April 29, 2019.  The contents […]

2019.3.20 Karl Zhang The Ministry of Finance, the State Administration of Taxation and the General Administration of Customs recently released a joint announcement on deepening value-added tax reform (the “Announcement”).  The Announcement mainly includes the adjustment of the VAT rate, […]

2019.3.14 Karl Zhang To implement the amended Individual Income Tax Law of the People’s Republic of China (the “Tax Law”) and the Regulations on the Implementation of the Individual Income Tax Law of the People’s Republic of China (the “Implementation […]

2019.3.15 Karl Zhang The National People’s Congress recently reviewed and approved the Foreign Investment Law of the People’s Republic of China (the “Law”) to set down corresponding provisions on foreign investment in China.  The Law, which will go into effect […]

2019.1.28 Di Wu The Ministry of Transport recently issued the Provisions on the Supervision and Administration of Safety in Maritime Transport of Solid Bulk Cargo (the “Provisions”) to set out the general provisions, report management, administration of operations, personnel protection, […]

2018.10.23 Grace Chiang The Taiwan High Court rendered the 107-Chung-Shang-402 Civil Decision of October 23, 2018 (hereinafter, the “Decision”), holding that the use of a “voting agreement” to stipulate chairman, director and supervisor candidates should be invalid. The Appellant in […]

2019.1.24 Di Wu Recently, the State Council issued a circular to announce the Implementation Plan for National Vocational Education Reform (the “Plan”). The Plan primarily covers the improvement of the vocational education system, the development of the national standards for […]

2019.2.2 Di Wu The People’s Bank of China recently issued Directive No. 1 of 2019 (the “Directive”) to cancel the enterprise bank account licenses in batches across the entire country beginning from February 25, 2019, and achieve complete cancellation by […]

2018.10.25 Jonathan Chao The Supreme Court rendered the 107-Tai-Shang-1608 civil decision on October 25, 2018 (hereinafter, the “Decision”), holding that the supervisory power which may be exercised by shareholders who do not execute business is an inherent right derived from […]

2018.11.8 Yi-Shan Cheng The Ministry of Economic Affairs promulgated the amendments to the Rules for Company Registration (hereinafter, the “Rules”) and changed their name (original name: the Rules for Company Registration and Recognition) via the Jing-Shang-10702424820 Directive of November 8, […]

2018.12.22 Karl Zhang The Customs Tariff Commission under the State Council recently issued a circular on its adjustment plan for the 2019 provisional import and export tariff rates (i.e., the 2019 Adjustment Plan for Provisional Import and Export Tariff Rates; […]

2018.12.13 Karl Zhang Recently, the State Council promulgated the Interim Measures for Additional Special Individual Income Tax Deductions (the “Interim Measures”), which contain specific implementation measures for issues arising from special deductions under the newly promulgated Individual Income Tax Law. […]

2018.12.18 Karl Zhang The State Council recently released the corresponding amendments to the Implementation Regulations for the Individual Income Tax Law (the “Regulations”), which came into effect on January 1, 2019. The amendments also primarily reflect issues relating to tax […]

2018.10.23 Angela Wu The Taichung Branch of the Taiwan High Court rendered the 107-Chung-Shang-Keng-One-12 Civil Decision of October 23, 2018 (hereinafter, the “Decision”), holding that since how to exercise a shareholder’s rights cannot be dictated by a company or its […]

2018.10.9 Sean Tsou The Ministry of Economic Affairs (hereinafter, the “MOEA”) issued the Jing-Shang-10700697220 Announcement of October 9, 2018 (hereinafter, the “Announcement”) to designate the Company Transparency Platform (URL: https://ctp.tdcc.com.tw) deployed by Taiwan Depository & Clearing Corporation as the information […]

2018.10.5 Jonathan Chao The Supreme Court rendered the 107-Tai-Shang-1620 Civil Decision on October 5, 2018 (hereinafter, the “Decision”), holding that supervisors shall not serve concurrently as directors, managerial officers or employees of the company, and in case of any violation, […]

2018.10.26 Joyce Wen The Standing Committee of the National People’s Congress issued a decision on amending the Company Law of the People’s Republic of China (the “Decision”) on October 26, 2018. The Decision primarily amends and improves the share repurchase […]

2018.10.13 Di Wu To further optimize the port business environment, implement higher-level measures for facilitating cross-border trade, and promote the stable and healthy development of foreign trade, the State Council formulated the Program for Optimizing the Port Business Environment to […]

2018.8.31 Karl Zhang Recently, the Electronic Commerce Law of the People’s Republic of China (the “Law”) was adopted during the fifth meeting of the Standing Committee of the 13th National People’s Congress in August 2018, later promulgated on August 31, […]

2018.7.10 Yi-Shan Cheng The Taiwan High Court rendered the 107-Shang-285 Civil Decision of July 10, 2018 (hereinafter, the “Decision”), holding that whether serving as an independent director and a member of the audit committee translates into a fulfillment of professionalism […]