Ministry of Commerce Bureau of the State Council Taiwan Affairs Office of the Secretary on the Issuance of the "Taiwan Economic Organizations, Non-corporate Resident Representative Offices in Mainland approved Management Rules" the Notice ( commercial cooperation Letter ( 2012 ) No. 259 ) :
This rule here refers to those Taiwan Economic Non-Enterprise Organizations established in Taiwan and engages in economic, trade, investment cooperation and other activities (those involved in education, science and technology, health, sports, environmental protection, charity, public welfare are exception), but not called as companies, corporations, funds, organizations.
The setting up of Representative Office in Mainland China by Taiwan Economic Non-Enterprise Organization is approved by the Ministry of Commerce. Setting up, extension, alteration (changes in name, business address, business scope, chief representative and representatives) and cancellation, must be reviewed by the local commerce department (Taiwan, Hong Kong and Macau Division), at the first instance, then made a written application to the State Council of Taiwan Affairs Office of the Ministry of Commerce for approval.
Basic conditions for setting up Taiwan Economic Non-Enterprise Organizations:
- 1. In accordance with the relevant provisions in Taiwan region, the enterprise has established for at least 5 years
- 2. The original approval documents for setting up the representative office in Mainland China issued from Taiwan relevant authorities
- 3. The business entity must have a clear and good reputation in the industry. Both itself and its principal members are engage in cross-strait economic and trade exchanges and cooperation businesses
- 4. No violation of Mainland China laws and regulations nor poor records
Documents to be provided by Taiwan Economic Non-Enterprise Organizations:
- 1. An application form, which includes: the organization profiles, the purpose of establishing a representative office, the name, staff stationed over there (Chief Representative, Representatives), scope of business (the Representative Office cannot act ultra the scope of business), station period, office address etc
- 2. The original approval documents for setting up representative office in Mainland China issued from Taiwan relevant authorities
- 3. Original bank credit certificates
- 4. Power of attorney of the Chief Representative and Representatives, the resume and I D (photocopy) of the Chief Representative and Representatives. If the Chief Representative or Representatives is nominated as the legal representative, its authorization letters / documents must be signed by at least 2 members or executive membersof the organization
- 5. Address proof of the Representative Office (such as rental agreement or proof of purchase, within 6 months after the approval obtained)
- 6. Application form for setting up Representative Office in Mainland China by Taiwan Economic Non-Enterprise Organization, nominated Staff of Taiwan Economic Non-Enterprise Organization and other materials as deemed necessary to provide. Upon the approval obtained, it should register to the authority promptly, the public safety, labor and social security, taxation, customs, foreign exchange management and other departmental related formalities.
Documents / materials to be provided regarding the application for extension:-
- 1. An application form
- 2. The business activity report (the previous registering period) of that organization
- 3. Original bank letters
- 4. The approval certificate and registration certificate of the said organization
- 5. Office address proof of the said organization (i.e. rental agreement or proof of purchase)
- 6. Taiwan Economic Non-Enterprise Organization – Application form for extension and other necessary materials
Upon the approval granted, it should apply for registration, public security, labor and social security, taxation, customs, foreign exchange management and other departmental related formalities within the time span.
Documents / materials to be provided regarding changes:-
- 1. An application form for changes
- 2. Relevant materials concerning the changes
- 3. Taiwan Economic Non-Enterprise Organization – Notification of Changes Form and other necessary materials
Upon the approval granted, it should apply for registration, public security, labor and social security, taxation, customs, foreign exchange management and other departmental related formalities within the time span.
Documents / materials to be provided regarding cancellation:-
- 1. A duly signed application form for cancellation (duly signed the legal representative of that organization)
- 2. Cessation proof of taxation, customs, foreign exchange management and other and other departments issued by the relevant authorities
- 3. The original approval certificate and registration certificates
- 4. Any other documents / materials that the Commerce Department deems necessary to provide
Once the cancellation approval granted, the representative body shall promptly report to the registration authority for cancellation of registration. Unauthorized withdrawal of the representative body, the Commerce Department will not entertain the same application during the period from the date of its expiration and 5 years thereafter and the end of the relevant clearing debts and outstanding issues.