December 31, 2017

Formulation of the Notice for Online Insurance Application Business of Insurance Agent Companies and Insurance Broker Companies(Taiwan)

2017.11.3 Sean Tsou The Financial Supervisory Commission promulgated the Notice for Online Insurance Application Business of Insurance Agent Companies and Insurance Broker Companies (hereinafter, the “Notice”) via the Jin-Guan-Bao-Zong-10602563921 Directive of November 3, 2017. Consisting of 13 points, the Notice […]
December 31, 2017

If a tourist venue does not have any specifically risky object and the usage manners of facilities in a scenic spot are known to tourists according to common sense, it would be difficult to conclude that the tourist protection obligation is not fulfilled or the services as provided do not meet reasonable safety expectation even if the tourist operator does not provide any special warning or instructions concerning the usage manners of the facilities(Taiwan)

2017.9.27 Oli Wong The Kaohsiung Branch of the Taiwan High Court rendered the 106-Bao-Xian-Shang-Zi-3 Civil Decision of September 27, 2017 (hereinafter, the “Decision”), holding that if the usage manners of facilities in a scenic spot are known to tourists according […]
December 31, 2017

In case a taxpayer has supplemented the filing of a tax return along with the payment of the supplemental tax before a penalty is imposed, the tax agency shall specifically indicate that the supplemented filing of a tax return and the payment of the supplemental tax have been taken into account in the penalty reasons; otherwise, the tax agency would be unlawful for discretionary indolence(Taiwan)

2017.9.14 Yi-Shan Cheng The Supreme Administrative Court rendered the 106-Pan-492 Decision of September 14, 2017 (hereinafter, the “Decision”), holding that in case a taxpayer has supplemented the filing of a tax return along with the payment of the supplemental tax […]
December 31, 2017

A same-sex marriage registration lawsuit was rejected by the administrative court on the ground that a two-year period for legal amendment had not expired(Taiwan)

2017.10.12 Emily Chueh The Taipei High Administrative Court rendered the 104-Su-83 Decision of October 12, 2017 (hereinafter, the “Decision”), holding that a same-sex marriage registration lawsuit cannot be filed until the two-year period for legal amendment expires.   According to […]
December 31, 2017

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 […]
December 31, 2017

If a party cites a fact-finding reason in a criminal decision, the civil court shall indicate in its decision the reasons of its inner conviction as a result of its investigation of the facts determined in such criminal decision; otherwise, the court would be unlawful for insufficiency of grounds in its decision(Taiwan)

2017.12.5 Jonathan Chao The Supreme Court rendered the 106-Tai-Shang-465 Civil Decision of October 5, 2017 (hereinafter, the “Decision”), holding that if a party cites a fact-finding reason in a criminal decision, the civil court shall investigate and indicate in its […]
December 31, 2017

Clarification of the Ministry of the Interior on the scope and restrictions of the setback of a building on a building lot(Taiwan)

2017.10.13 Luke Hung The Ministry of the Interior issued the Nei-Shou-Ying-Geng-1060814077 Circular of October 13, 2017 (hereinafter, the “Circular”) to clarify the scope and restrictions on the setback of a building on a building lot.   According to the Circular, […]
December 31, 2017

If the court orders the sale of a jointly owned land which the joint owners have sought to divide to the extent that the buildings in the land have to be demolished, such division method would not be appropriate(Taiwan)

2017.10.5 Frank Sun The Supreme Court rendered the 106-Tai-Shang-1834 Civil Decision of October 5, 2017 (hereinafter, the “Decision”), holding that if the court orders the sale of a jointly owned land which the joint owners have sought to divide to […]
December 31, 2017

When a word mark is used by changing the orientation of the word arrangement or font, this shall still be deemed a trademark use as long as this is sufficient to cause relevant consumers to identify such words as the same trademark as a registered trademark(Taiwan)

2017.10.25 Jane Tsai The Intellectual Property Court rendered the 106-Hang-Shang-Su-14 Administrative Decision of October 25, 2017 (hereinafter, the “Decision”), holding that when a word mark is used by changing the orientation of the word arrangement or font, this shall still […]
December 31, 2017

Ending the Anarchy of ICOs: Legal Risks for ICOs from Recent Developments in the U.S.(Taiwan)

2017.11.13 Sean Liu and Wei-hsing Chuang If cryptocurrencies are the most unexpected breakthrough to the legal tender currency system of a nation, token funding or initial coin offering (ICO) derived from cryptocurrencies are no less prominent in the degree of […]
December 31, 2017

A telex release notice is an expedited scheme for use in taking delivery of shipments; it does not mean that the consignee is immediately entitled to ownership of the shipment per the bill of lading without asking the consignor for a release instruction solely by having agreed to the use of a telex release notice(Taiwan)

2017.10.5 Ankwei Chen The Taichung Branch of the Taiwan High Court rendered the 104-Chung-Shang-188 Civil Decision of October 5, 2017 (the “Decision”), which held that A telex release notice is an expedited scheme for use in taking delivery of shipments; […]
December 31, 2017

If the obligor of a loan agreement asserts that no loan was obtained while issuing a promissory note as the collateral for the loan, such obligor is certainly required to assume the burden of proof for the defense against the negotiable instrument obligation(Taiwan)

2017.9.27 Teresa Huang The Taichung Branch of the Taiwan High Court rendered the 106-Shang-Yi-272 Civil Decision of September 27, 2017 (hereinafter, the “Decision”), holding that if the obligor of a loan agreement asserts that no loan was obtained while issuing […]
December 31, 2017

The Legislative Yuan adopted the Statute for Industry Innovation as amended by three readings(Taiwan)

2017.11.3 Debby Yu The Legislative Yuan adopted the Statute for Industry Innovation (hereinafter, the “Statute”) as amended during the 7th Meeting of the 4th Session of the 9th Term on November 3, 2017.  The amendments are highlighted below:   I.Provisions […]
December 31, 2017

The FSC relaxed the cap of an investment consulting enterprise’s investment in a fund with the relaxed cap being 40% of the company’s net worth(Taiwan)

2017.10.16 Grace Chiang The Financial Supervisory Commission (hereinafter, the “FSC”) issued the Jin-Guan-Zheng-Tou-1060029911 Circular of October 16, 2017 (hereinafter, the “Circular”) to relax the conditions and ratios of investment consulting enterprises’ investment in securities investment trust funds, futures trust funds […]
December 31, 2017

The Regulations Governing Securities Firms Accepting Orders to Trade Foreign Securities were amended to enhance the convenience of buying and selling foreign securities(Taiwan)

2017.10.6 Sophia Tsai The Financial Supervisory Commission promulgated Articles 3, 8-10, 14, 19, 21, 24 and 25 of the Regulations Governing Securities Firms Accepting Orders to Trade Foreign Securities as amended (hereinafter, the “Regulations”) via the Jin-Guan-Zheng-Juan-1060035566 Directive of October […]
December 31, 2017

The FSC clarifies issues concerning the criteria for determining the qualifications of natural person subscribers of privately placed securities investment trust funds(Taiwan)

2017.10.19 Yi-Shan Cheng The Financial Supervisory Commission (hereinafter, the “FSC”) issued the Jin-Guan-Zheng-Tou-10600406051 Circular of October 19, 2017 (hereinafter, the “Circular”) to clarify issues concerning the application of the criteria for the qualifications of natural person subscribers seeking to invest […]
December 31, 2017

The Law for the Recruitment and Employment of Foreign Professionals was enacted to regulate the system of recruiting foreign professionals(Taiwan)

2017.10.31 Melanie Lo The Legislative Yuan adopted the Law for the Recruitment and Employment of Foreign Professionals (hereinafter, the “Law”) during the 6th Meeting of the 4th Session of the 9th Term on October 31, 2017 in order to enhance […]
December 31, 2017

Anti-unfair Competition Law (2017) (Mainland China)

2017.11.4 Joyce Wen The Standing Committee of the 12th Term National People’s Congress adopted the new version of the Anti-unfair Competition Law (the “New Law”) during its 30th meeting on November 4, 2017.  The New Law overhauled the current Anti-unfair […]
December 18, 2017

Full translation of Taiwan Fair Trade Commission’s Decision on Qualcomm Case

https://www.leetsai.com/wp-content/uploads/2017/12/TFTC-Qualcomm-Decision-Dissenting-Opinions.pdf
December 17, 2017

Circular on the Printing and Distribution of the Measures for Resolving Curtailment of Hydro, Wind and PV Power Generation (Mainland China)

2017.11.8 Joline Chen To resolve the curtailment of hydro, wind and PV power generation, the National Development and Reform Commission and the National Energy Administration enacted the Measures for Resolving Curtailment of Hydro, Wind and PV Power Generation (the “Measures”).  […]
December 17, 2017

證券交易所管理辦法 (中國大陸)

2017.11.17 陳姣姣律師 中國證券監督管理委員會近日發佈修訂後的《證券交易所管理辦法》(以下簡稱《辦法》),共九章,九十條。此次《辦法》修訂,從證券交易所本身的性質、市場定位出發,借鑒境外證券交易所的成熟經驗,從完善證券交易所內部治理結構,促進證券交易所進一步履行一線監管職責予以修改完善,將自2018年1月1日起施行。 首先,《辦法》修訂了完善交易所內部治理結構相關的內容。增設監事會組織,並進一步明確化會員大會、理事會、監事會、總經理的職權內容。同時,《辦法》突出了交易所自律管理的特性,明確規範交易所依法制定的業務規則對證券交易活動的各參與主體均具有法律上約束力。 《辦法》修訂的另外一項核心內容是加強交易所一線監管。第一為強化交易所對證券交易活動的一線監管職責,明確交易所對於可能誤導投資者投資決策,或可能對證券交易價格及交易量產生不當影響等的異常交易行為採取自律管理措施,進行重點式監控。其次為強化交易所對會員的一線監管職責,制定相對應的會員管理規則、技術管理規範等據以具體明確化會員的個別權利義務。再來是強化證券交易所對證券上市交易公司的一線監管職責,要求證券交易所對證券上市公司的資訊披露主體、內容及具體要求、證券停牌複牌的標準和程式等履行自律管理的職責。《辦法》的修訂將有利於交易所回歸本位,切實發揮好對證券交易活動組織、監督、管理和服務的功能,優化市場資源配置,服務實體經濟。
December 17, 2017

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 […]
December 17, 2017

Opinions of the State Administration for Industry and Commerce on Deepening the Reform of Trademark Registration Facilitation to Practically Improve the Trademark Registration Efficiency (Mainland China)

2017.11.14 Joyce Wen For carrying out the deployment of the trademark and brand strategies under the State Council’s Plan for Market Regulation during the 13th Five-Year Plan Period, further enhance the quality and efficiency of trademark examination, as well as […]
November 30, 2017

The Ministry of the Interior amended relevant rules to allow infrastructure lands to be flexibly provided for multiple purposes such as green energy(Taiwan)

2017.9.20 Debby Yu The Ministry of the Interior promulgated Article 3 as amended of the Rules for Multi-purpose Use of Infrastructure Lands in Urban Plans (hereinafter, the “Rules”) via the Tai-Nei-Ying-Zi-1060813594 Directive of September 20, 2017. The Rules are highlighted […]
November 30, 2017

If an air flight is delayed for over five hours, a full refund without handling fees may be requested(Taiwan)

2017.9.15 Yi-Shan Cheng The Ministry of Transportation and Communications promulgated Article 3 as amended of the Regulations Governing the Mediation of Transportation Disputes between Civil Aviation Passengers and Aircraft Carriers (hereinafter, the “Rules”) with the addition of Article 3-1 via […]
November 30, 2017

After outsourcing its back office operation of its discretionary investment accounts to professional institutions, a securities investment trust enterprise or securities investment consulting enterprise is still required to be accountable to its customers(Taiwan)

2017.9.15 Teresa Huang The Financial Supervisory Commission issued the Jin-Guan-Zheng-Tou-1060030890 Circular of September 15, 2017 (hereinafter, the “Circular”) to communicate that after outsourcing its back office operation of its discretionary investment accounts to professional institutions, a securities investment trust enterprise […]
November 30, 2017

Basic facts concerning an administrative agency’s decision on its intent without disclosing internal communication, thinking or debate information associated with the decision-making process shall still be disclosed pursuant to the Freedom of Government Information Law(Taiwan)

2017.9.14 Jenny Chen The Ministry of Justice issued the Fa-Lu-10603512970 Circular of September 14, 2017 (hereinafter, the “Circular”) to clarify issues concerning the application of Article 18, Paragraph 1, Subparagraph 3 of the Freedom of Government Information Law.   The […]
November 30, 2017

Interpretation of the scope of other business or job duties which may be concurrently assumed by full-time engineers of a construction enterprise and of the manners in which part time work is conducted(Taiwan)

2017.9.11 Luke Hung The Ministry of the Interior issued the Tai-Nei-Ying-1060812785 Circular of September 11, 2017 (hereinafter, the “Circular”) to interpret the scope of other business or job duties that full-time engineers of a construction enterprise may concurrently assume and […]
November 30, 2017

The FSC prescribed the Principles and Required Measures for Contents of Financial Examination Reports Provided by Financial Institutions(Taiwan)

2017.9.7 Sophia Tsai The Financial Supervisory Commission prescribed the Principles and Required Measures for Contents of Financial Examination Reports Provided by Financial Institutions (hereinafter, the “Requirements”) via the Jin-Guan-Jian-Zhi-10601503300 Directive of September 7, 2017.   According to the Directive, financial […]
November 30, 2017

The Operating Guidelines for Suspending Operations by Financial Institutions during Business Hours and upon Occurrence of Natural Disasters were prescribed and announced(Taiwan)

2017.9.6 Oli Wong The Financial Supervisory Commission announced the Operating Guidelines for Suspending Operations by Financial Institutions during Business Hours and upon Occurrence of Natural Disasters (hereinafter, the “Operating Guidelines”) via the Jin-Guan-Yin-Guo-Zi 10620004070 Directive of September 6, 2017 (hereinafter, […]