General Corporate Affairs 彙整 - Page 4 of 5

2018 年 8 月 31 日

Decision of the Ministry of Commerce to Amend the Interim Measures for the Recordation Administration of the Establishment and Amendment of Foreign-Invested Enterprises (2018) (Mainland China)

2018.6.29 Di Wu The Ministry of Commerce promulgated the Interim Measures for Amending the Recordation Administration of the Establishment and Amendment of Foreign-Invested Enterprises (the “Decision”) on June 29, 2018. The Decision simplifies some of the procedures for recording the […]

2018 年 7 月 31 日

Special Administrative Measures for Foreign Investment Access (Negative List) (2018 Version) (Mainland China)

2018.6.28 Teresa Huang On June 28, 2018, the National Development and Reform Commission and the Ministry of Commerce jointly issued the Special Administrative Measures for Foreign Investment Access (Negative List) (2018 Version) (the “2018 Negative List”), which came into effect […]

2018 年 7 月 31 日

For matters which may be resolved in a shareholders’ meeting, if the board of directors is requested by shareholders to call a meeting but fails to do so, and such proposal has been submitted to the competent authority, which reviews the submission and grants an approval that allows the shareholders to call the meeting on their own, such matters can be resolved in such shareholders’ meeting (Taiwan)

2018.4.10 Sean Tsou The Supreme Court rendered 106-Tai-Shang-2461 Civil Decision of April 10, 2018 (hereinafter, the “Decision”), holding that for matters which may be resolved in a shareholders’ meeting, if the board of directors is requested by shareholders to call […]

2018 年 6 月 30 日

Measures for the Supervision and Administration of State-owned Equities of Listed Companies (Mainland China)

2018.5.16 Joyce Wen The State-owned Assets Supervision and Administration Commission of the State Council, the Ministry of Finance, and the China Securities Regulatory Commission jointly promulgated the Measures for the Supervision and Administration of State-Owned Equities of Listed Companies (the […]

2018 年 6 月 30 日

Circular of the Ministry of Finance and the State Administration of Taxation on the Relevant Tax Policies for Venture Capital Enterprises and Individual Angel Investors (Cai Shui [2018] No. 55) (Mainland China)

2018.5.14 Joyce Wen The Ministry of Finance and the State Administration of Taxation recently issued a circular in which they agreed to provide deductions to venture capital enterprises and individual angel investors on income tax. The circular primarily stipulates the […]

2018 年 6 月 30 日

The resignation of the chairman of the board pertains to the vacancy of the chairmanship, which is different from the case of the chairman’s “inability to exercise his power and authority for any cause” as provided in Article 208, Paragraph 3 of the Company Act. The chairman’s authority will lapse as the chairman resigns, and so will the agency authority of an agent conferred upon by the chairman. (Taiwan)

2018.3.15 Fang-Wei Lin The Supreme Court Judgment rendered at Mar 22, 2018 (Ref. No. 107-Tai-Shang-97 Civil Decision) holds that the resignation of the chairman of the board pertains to the vacancy of the chairmanship, which is different from the case […]

2018 年 6 月 30 日

The re-election of all directors and supervisors does not require a special resolution in advance to remove all directors and supervisors (Taiwan)

2018.3.13 Grace Chiang The Taiwan High Court rendered the 105-Shang-963 Civil Decision of March 13, 2018 (hereinafter, the “Decision”), holding that since “re-electing” all directors and supervisors has different implications from “removing” directors and supervisors, it is certainly not necessary […]

2018 年 5 月 31 日

Provisions on the Administration of Road Testing of Smart Connected Automobiles (Trial Implementation) (Mainland China)

2018.4.3 Joyce Wen Recently, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Ministry of Transport jointly promulgated the Provisions on the Administration of Road Testing of Smart Connected Automobiles (Trial Implementation) (the “Provisions”), which […]

2018 年 3 月 31 日

Decision of the State Council on the Provisional Adjustment of Adjust Administrative Regulations, State Council Documents, and Departmental Regulations Approved by the State Council in Pilot Free Trade Zones(Guo Fa [2017] No. 57) (Mainland China)

2017.12.25 Joyce Wen On December 27, 2017, the State Council promulgated the Decision on the Provisional Adjustment of Administrative Regulations, State Council Documents, and Departmental Regulations Approved by the State Council in Pilot Free Trade Zones (the “Decision”), and requested […]

2018 年 3 月 31 日

Personal Information Security Specifications　(Mainland China)

2017.12.29 Joyce Wen Pursuant to No. 32 China National Standard Notice of the Standardization Administration in 2017, the National Information Security Standardization Technical Committee prescribed the GB/T 35273-2017 national standard (Information Security Technologies – Personal Information Security Specifications) (the “Standard”), […]

2018 年 3 月 31 日

Under the legal theory that a lighter offense should be cited to illustrate the culpability of heavier offenses, when a company is specifically prohibited to provide any guarantee under the law, the company is also prohibited from assuming any debt (Taiwan)

2017.11.29 Angela Wu The Taiwan High Court rendered the 106-Shang-707 Civil Decision of November 29, 2017 (hereinafter, the “Decision”), holding that under the legal theory that a lighter offense should be cited to illustrate the culpability of heavier offenses, when […]

2018 年 2 月 28 日

Official Reply of the State Council on Approving the Establishment of Sino-South Korea Industrial Parks (Guo Han [2017] No. 142) (Mainland China)

2017.12.11 Joyce Wen On December 11, 2017, the State Council issued the Official Reply on Approving the Establishment of Sino-South Korean Industrial Parks (the “Reply”) to approve the establishment of a Sino-South Korean (Yancheng) Industrial Park in Yancheng City of […]

2018 年 2 月 28 日

Decision of the State Council on the Temporary Adjustment of the Relevant Administrative Approval Items and Access-Related Special Administrative Measures in Beijing (Guo Fa [2017] No. 55) (Mainland China)

2017.12.10 Joyce Wen The State Council promulgated the Decision on the Temporary Adjustment of the Relevant Administrative Approval Items and Access-Related Special Administrative Measures in Beijing (the “Decision”) on December 10, 2017. The Decision temporarily adjusts the administrative approval items […]

2017 年 12 月 31 日

When entering into a contract with a third party, the chairman of a company limited by shares is only required to indicate that he represents the company, and this is not necessitated by the affixation of the company’s seal (Taiwan)

2017.9.13 Jenny Chen The Taichung branch of the Taiwan High Court rendered the 106-Shang-300 Civil Decision of September 13, 2017 (hereinafter, the “Decision”), holding that when entering into a contract with a third party, the chairman of a company limited […]

2017 年 12 月 17 日

Announcement No. 37 [2017] of the State Administration of Taxation – Announcement on Issues Concerning the Withholding of Corporate Income Taxes at Source for Non-Resident Enterprises (Mainland China)

2017.10.17 Joyce Wen The State Administration of Taxation announced new requirements relating to the withholding of corporate income taxes at source for non-resident enterprises by promulgating the Announcement on Issues Concerning the Withholding of Corporate Income Taxes at Source for […]

2017 年 11 月 30 日

If a chairman convenes a shareholders’ meeting by himself, this merely pertains to whether the shareholder resolution may be revoked because the procedure for convening the shareholders’ meeting is unlawful(Taiwan)

2017.8.23 Grace Chiang The Supreme Court issued the 106-Tai-Shang-1649 Civil Decision of August 23, 2017 (hereinafter, the “Decision”), holding that If a chairman convenes a shareholders’ meeting by himself, this merely pertains to whether the shareholder resolution may be revoked […]

2017 年 10 月 31 日

Guiding Opinions of the General Office of the State Council on Further Stimulation of Effective Private Investment to Promote Sustainable and Healthy Economic Development (Guo Ban Fa [2017] No. 79)(Mainland China)

2017.9.1 Joyce Wen The General Office of the State Council promulgated the Guiding Opinions of the General Office of the State Council on Further Stimulation of Effective Private Investment to Promote Sustainable and Healthy Economic Development (the “Opinions”) on September […]

2017 年 10 月 31 日

Circular of the State Administration of Work Safety on the Issuance of the 13th Five-Year Plan for the Management of Work Safety Emergency Responses (An Jian Zhong Ying Ji [2017] No. 107)(Mainland China)

2017.9.22 Joyce Wen The “13th Five-Year Plan for the Management of Work Safety Emergency Responses” (the “Plan”) promulgated by the State Administration of Work Safety on September 22 set out a series of rules regarding the management of work safety […]

2017 年 10 月 31 日

Measures for the Quality Supervision and Management of Highway and Waterway Projects(Mainland China)

2017.9.4 Joyce Wen The Ministry of Transport promulgated the Measures for the Quality Supervision and Management of Highway and Waterway Projects (the “Measures”) on September 4, 2017 to enhance the supervision and administration of highway and waterway projects to ensure […]

2017 年 10 月 31 日

If the complete supporting documentation under Article 192-1, Paragraph 4 of the Company Law for a director candidate nominated by shareholders is not attached, the board of directors may exclude such nominee from the list of candidates without sending a correction notice after verifying such circumstance (Taiwan)

2017.6.30 Grace Chiang The Taiwan High Court rendered the 106-Shang-254 Civil Decision of June 30, 2017 (hereinafter, the “Decision”), holding that if the complete supporting documentation under Article 192-1, Paragraph 4 of the Company Law for a director candidate nominated […]

2017 年 9 月 30 日

Circular of the Supreme People’s Court Concerning Opinions on Further Enhancement of Judicial Work in the Financial Sector(Mainland China)

2017.8.4 Yenchu Chen On August 4, 2017, the Supreme People’s Court issued the Opinions on Further Enhancement of Judicial Work in the Financial Sector (the “Opinions”) to provide guidance on the trials involving the financial sector. The Opinions were promulgated […]

2017 年 9 月 30 日

Reasons for filing a complaint to remove directors or supervisors by a securities or futures market protection institution for any act that impairs the company or violates any law or regulation or the articles of incorporation shall not be limited to the current tenure of such directors or supervisors at the time of complaint(Taiwan)

2017.7.6 Grace Chiang The Supreme Court rendered the 106-Tai-Shang-177 Civil Decision of July 6, 2017 (hereinafter, the “Decision”), holding that the reasons for filing a complaint to remove directors or supervisors by a securities and futures market protection institution in […]

2017 年 9 月 30 日

An external legal act of a chairman shall not be effective to the company if it is obviously known to the trading counterpart that the legal act is not approved by way of a resolution in a board meeting or if the resolution is defective(Taiwan)

2017.7.13 Angela Wu The Supreme Court rendered the 106-Tai-Shang-133 Civil Decision of July 13, 2017 (hereinafter, the “Decision”), holding that an external legal act of a chairman shall not be effective to the company if it is obviously known to […]

2017 年 8 月 31 日

Decision of the Ministry of Commerce on Amending the Interim Administrative Measures for the Incorporation and Amendment Recordation of Foreign-invested Enterprises (2017)(Mainland China)

2017.7.30 Yenchu Chen With respect to foreign investors acquire non-foreign-invested enterprises in China and engage in strategic investments in listed companies that do not involve special administrative measures, and the application of recordation administration to acquisitions of related entities, the […]

2017 年 8 月 8 日

Decision of the State Administration of Industry and Commerce on Abolishing and Amending Certain Administrative Rules for Industry and Commerce(Mainland China)

James Cheng On April 29, 2016, the State Administration of Industry and Commerce promulgated the Decision of the State Administration of Industry and Commerce on Abolishing and Amending Certain Administrative Rules for Industry and Commerce (hereinafter, the “Decision”). After sorting […]

2017 年 8 月 8 日

The cumulative loss stipulated in the proviso of Article 235-1 of the Company Law shall include the amount of the cumulative loss adjusted due to the accounting process during the year(Taiwan)

Angela Wu The Ministry of Economic Affairs issued the Jing-Shang-10502409260 Directive of April 15, 2016 (hereinafter, the “Directive”), pointing out that the cumulative loss stipulated in the proviso of Article 235-1 of the Company Law shall include the amount of […]

2017 年 8 月 8 日

The Legislative Yuan adopted the amendment of Business Registration Law(Taiwan)

Jenny Chen The Legislative Yuan adopted the Business Registration Law as amended (hereinafter, the “Law”) on April 19, 2016. The amendments are highlighted below: 1. Article 5, Paragraph 2 of the Law was revised to specifically stipulate that with respect […]

2017 年 8 月 8 日

Solicitation of Opinions for Company Law Interpretation (IV) of the Supreme People’s Court(Mainland China)

James Cheng On April 24, 2016, the Supreme People’s Court prepared the Solicitation of Opinions for Provisions on Addressing Issues of the Applicability of the Company Law of the People’s Republic of China (IV) (the “Solicitation”). The Solicitation seeks to […]

2017 年 8 月 8 日

Circular of the Ministry of Finance, the General Administration of Customs and the State Administration of Taxation on the Import Tariff Policy for Cross-border E-Commerce Retail(Mainland China)

James Cheng On March 24, 2016, the Ministry of Finance, the General Administration of Customs and the State Administration of Taxation jointly promulgated the Circular on the Import Tariff Policy for Cross-border E-Commerce Retail (Cai Guan Shui [2016] No. 18; […]

2017 年 8 月 8 日

State Council Amending 66 Administrative Provisions Relating to Approval and Price Reform(Mainland China)

James Cheng On February 6, 2016, the State Council promulgated the Decision on Amendments to Specific Administrative Laws (State Council Directive No. 666; hereinafter, the “Decision”), which, starting from the day of promulgation, amends 66 administrative provisions pertaining to administrative […]