August 2017
When amendment registration of a business is required as a result of inheritance, the application should be filed by the responsible person of the business so inherited(Taiwan)
2016.09.06
Angela Wu
The Ministry of Economic Affairs promulgated Articles 3 and 8 of the Regulations Governing Business Registration Application (hereinafter, the "Regulations") as amended via the MOEA-Jing-Shang-10502425880 Directive of September 6, 2016. The Regulations are highlighted below:
1. To accommodate the requirement under Article 15-2, Subparagraph 1 of the Civil Code that a person under assistance who is the responsible person of a sole proprietorship, partnership or juristic person shall obtain the approval of his/her assistant, Article 3, Paragraph 1 of the Regulations is amended to specifically provide that a person under assistance shall obtain the consent of the assistant if he/she independently operates a business or serves as a partner in a partnership and shall obtain a letter of consent from the assistant when applying for business registration.
2. To promote sound business registration, Article 8, Paragraph 1 of the Regulations, which provides that the application for amendment registration required due to inheritance of a business shall be filed by all lawful inheritors, is deleted and revised so that the application is filed by the responsible person of the business after inheritance. In addition, with respect to the circumstance where a court judgment affirms that the capital of the business vests with a specific inheritor, it is specifically stipulated that if the inheritance of a business is confirmed via a court decision, a final court judgment may replace an inheritance tree diagram and inheritance agreement with respect to the documentation required for the amendment registration.
Since the legal basis for the authorization of the Enforcement Rules of the Business Registration Law (i.e., Article 36 of the Business Registration Law) was deleted on May 4, 2016, the Ministry of Economic Affairs separately revoked the Enforcement Rules of the Business Registration Law via the Jing-Shang-10502425810 Directive of September 6, 2016.
Angela Wu
The Ministry of Economic Affairs promulgated Articles 3 and 8 of the Regulations Governing Business Registration Application (hereinafter, the "Regulations") as amended via the MOEA-Jing-Shang-10502425880 Directive of September 6, 2016. The Regulations are highlighted below:
1. To accommodate the requirement under Article 15-2, Subparagraph 1 of the Civil Code that a person under assistance who is the responsible person of a sole proprietorship, partnership or juristic person shall obtain the approval of his/her assistant, Article 3, Paragraph 1 of the Regulations is amended to specifically provide that a person under assistance shall obtain the consent of the assistant if he/she independently operates a business or serves as a partner in a partnership and shall obtain a letter of consent from the assistant when applying for business registration.
2. To promote sound business registration, Article 8, Paragraph 1 of the Regulations, which provides that the application for amendment registration required due to inheritance of a business shall be filed by all lawful inheritors, is deleted and revised so that the application is filed by the responsible person of the business after inheritance. In addition, with respect to the circumstance where a court judgment affirms that the capital of the business vests with a specific inheritor, it is specifically stipulated that if the inheritance of a business is confirmed via a court decision, a final court judgment may replace an inheritance tree diagram and inheritance agreement with respect to the documentation required for the amendment registration.
Since the legal basis for the authorization of the Enforcement Rules of the Business Registration Law (i.e., Article 36 of the Business Registration Law) was deleted on May 4, 2016, the Ministry of Economic Affairs separately revoked the Enforcement Rules of the Business Registration Law via the Jing-Shang-10502425810 Directive of September 6, 2016.
