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Primary Duties/Regulations

Primary Duties

Pursuant to Article 16 of the Law of Organization of Ministry of Economic Affairs, the primary duties of the Department of Commerce are as follows:

  1. Formulation of domestic commerce related policies and regulations.
  2. Planning, management, counseling, supervision, and coordination of commerce related matters.
  3. Research into matters related to commercial related treaties and taxes.
  4. Oversight of matters related to trademark registration (handled by the Intellectual Property Office).
  5. Company and business registration management and oversight related matters (companies with capital of less than NT$500 million shall be handled by the central region office of this Ministry as well as the Taipei City Government, New Taipei City Government, Taoyuan City Government, Taichung City Government, Tainan City Government, and Kaohsiung City Government).
  6. Product quality regulation and price management related matters (handled by the various agencies in accordance with their responsibilities).
  7. Product exhibition and promotion related matters (areas related to overseas affairs shall be handled by the Bureau of Foreign Trade and the Taiwan External Trade Development Council).
  8. Decision (revision) of the criteria of classification of commercial groups.
  9. Other commercial administrative matters: (business planning, promotion, and counseling for business accounting, product labeling, the National Business Administration Information System, special purpose enterprises, electronic game consoles, business technology, e-commerce, logistics, business environments, business investment deduction, excellent service certification, business talent training, etc.)

Commercial Subjects

  1. Company Act, Business Mergers And Acquisitions Act
    Company Act: regulates the organization, registration, and establishment related matters for profit-making companies. Business Mergers And Acquisitions Act: this act facilitates organizational adjustments through mergers and acquisitions by enterprises.
  2. Regulations Governing Company Registration and Recognition:
    These regulations were established pursuant to Article 387, Paragraph 4 of the Company Act, and serve primarily to specify the documents required for company registrations.
  3. Regulations Governing Collection of Company Registration Fees:
    These regulations were established pursuant to Article 438 of the Company Act, Articles 40-1 and 95-2 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, and Article 8 of the Charges and Fees Act to primarily serve as the foundation for acceptance of reservation of corporate names, registration, inspection, transcription, photocopy, and the various certificates for business operations; approval for Chinese for-profit businesses to establish branches in Taiwan; and the basis for the registration fees that should be charged.
  4. Regulations Governing Review of Applications for Reservation of Coporate Names and Business Scopes:
    These regulations were established pursuant to Article 18, Paragraph 5 of the Company Act, to primarily serve as the standard basis for reviewing application cases for reservation of corporation names and business scopes handled by the Central Region Office of the Ministry of Economic Affairs.
  5. Regulations Governing Companies Participating in the Governmental Special Bailout Program on New Shares Issuance and Remuneration Restriction of Director, Supervisor and Managerial Personnel, and Related Matters :
    Specifies that the competent authority shall adopt the necessary measures or restrictions for company participating in the special approval of the governmental bailout program during the bailout periods pursuant to Article 29, Paragraph 2 and Article 156, Paragraph 7 of the Company Act.
  6. Criteria Governing Trust Registration of Stock by Non-Public Companies:
    Specifies the stock trust registration method for non-public share offering companies pursuant to Article 4, Paragraph 2 of the Trust Law.
  7. Business Registration Act:
    Regulates profit-making enterprises, whether sole proprietorship or operated in partnership.
  8. Regulations Governing the Application of Business Registration:
    These regulations were formulated pursuant to Article 15, Paragraph 2 of the Business Registration Act to primarily serve as the basis of application procedures, document attachments, information, and other compliance matters for various commercial registration issues.
  9. Regulations Governing Collection of Business Registration Fees:
    These regulations were formulated to serve as a basis for the competent authority of the business site to accept business names according to these regulations, as well as the fees receivable for reservation, registration, inspection, transcription, photocopying, and various certificates pursuant to Article 35, Paragraph 1 of the Business Registration Act in addition to Article 8 of the Charges and Fees Act.
  10. Regulations Governing Independent Certified Public Accountant Auditing the Registered Capital Amount of Companies:
    These regulations are primarily used to specify the documents that must be attached to the certified public accountant audit reports as well as the contents of the audits pursuant to Article 7 of the Company Act during company registration and capital related changes.
  11. Notice on Examination, Transcription and Photocopy of Company Registration Records or Documents:
    These notices are primarily used to standardize the categories of information that the company, the interested parties, or any party can copy or photocopy when executing the application to examine, transcribe, or photocopy the company registration information.
  12. Regulations Governing Review of Applications for Reservation of Business Names and Scopes:
    Primarily serves as the standard basis for municipal or county (city) governments to handle the review of application cases for reservation of business names and scopes pursuant to Article 28, Paragraph 3 of the Business Registration Act.
  13. Limited Partnership Act:
    Regulates the organization, registration, and establishment related matters for limited partnership.
  14. Regulations Governing Independent Certified Public Accountant Auditing the Registered Capital Amount of Limited Partnership:
    These regulations are primarily used to specify the documents that must be attached to the certified public accountant audit reports as well as the contents of the audits pursuant to Article 14, Paragraph 5 of the Limited Partnership Act during limited partnership registration and capital related changes.
  15. Regulations Governing the Application of Limited Partnership Registration:
    These regulations were formulated pursuant to Article 9, Paragraph 3 of the Limited Partnership Act, and serve primarily to specify the documents required for limited partnership registrations.
  16. Regulations Governing Review of Applications for Reservation of Limited Partnership Names and Business Scopes:
    These regulations were established pursuant to Article 13, Paragraph 5 of the Limited Partnership Act, to primarily serve as the standard basis for reviewing application cases for reservation of limited partnership names and business scopes handled by the Central Region Office of the Ministry of Economic Affairs.
  17. Regulations Governing Fees for Limited Partnership:
    These regulations were formulated to serve as a basis for accepting limited partnership names, as well as the fees receivable for reservation, registration, inspection, transcription, photocopying, and various certificates pursuant to Article 43 of the Limited Partnership Act and Article 10, Paragraph 1 of the Charges And Fees Act.

Business Counseling

  1. Mixed Industrial/Commercial Districts Establishment Guide and Application Requirements:
    The Ministry of Economic Affairs (hereafter "the Ministry") has formulated these requirements to provide counseling for the private sector to invest in industrial commercial complexes, to promote industrial upgrades, and to drive economic revitalization plans.
  2. Preferential Loan Procedures for the Distribution Service Industry and the Hospitality Industry:
    Loans to encourage wholesale, retail, catering, and logistics enterprises; enhance their service capabilities or expand the scale of operation in order to increase the added value of the service industry; strengthen competitiveness; and to implement operational development plans.
  3. The Standard of the Leasing Business Disclosing the Scope of Total Fee and Calculating Annual Rate of the Interest in Consumer Financial Leasing Advertising:
    This standard was formulated pursuant to Articles 22-1, Paragraph 2 of the Consumer Protection Law to safeguard the interests of the consumers and require that consumer-oriented financial lease businesses must reveal the total annual rates in their marketing advertisements. The annual percentage calculations shall comply with the rules provided by this standard.

Business Accounting

  1. Business Entity Accounting Act:
    Standardizes the processing of business accounting matters.
  2. Measure for Businesses that Use Computers to Process Accounting Data :
    Article 13 of the Business Entity Accounting Act provides that businesses must process all or part of their accounting information electronically, and specified its internal control, authorization, and signature/seal methods as well as the accounting data storage, safekeeping, corrections, and other related matters.
  3. Measure for Company Account Book Applications and Audits:
    Article 20, Paragraph 4 of the Company Act provided that companies must submit their business reports, financial statements, and surplus distribution or loss subsidization proposals to the shareholders for approval or to a general shareholder meeting for notification at the end of each fiscal year. The competent authority shall dispatch personnel to conduct reviews at any time or order a report submission deadline.
  4. Regulation on Business Entity Accounting Handling:
    These regulations provide specifications for general business accounting certificates, accounting subjects, and account books or financial statements as well as their names, formats, financial statement formats, etc, pursuant to Article 13 of the Business Entity Accounting Act.
  5. Regulations Governing Auditing and Attestation of Financial Statements by Certified Public Accountants:
    These regulations specify the rules for accountant audit and approval of company financial statements, pursuant to Article 20, Paragraph 2 of the Company Act.
  6. Regulations for Limited Liability Companies Share Issuance Certificates:
    These regulations specify the rules for the share certificates, pursuant to Article 162, Paragraph 3 of the Company Act.

Business Management

  1. Electronic Game Arcade Business Regulation Act:
    This act was formulated to manage the electronic game arcade industry and maintain social peace, good morals, public safety, and the physical and emotional health of citizens.

Consumer Protection

  1. Commodity Labeling Act:
    This act was enacted to promote the proper labeling of commodities, to maintain the reputations of business operators, protect the interests of consumers, and establish good business practices.
  2. 11 types of benchmarks for electric commodity labeling, fashion labels, etc.:
    These benchmarks provide the relevant issues and methods for the labeling of specific commodities pursuant to Article 11 of the Commodity Labeling Act.

Cross-strait Affairs

  1. Regulations on the Exercise of Shareholder Rights for Taiwan Companies in Mainland China:
    These regulations provide the rules for exercising shareholder rights by shareholders who held shares for companies in Taiwan, and who remained in the Mainland China region when the government moved to Taiwan.
  2. Measures for Permission to Engage in Commercial Activity in Mainland China:
    These measures provide the rules for Taiwanese people, corporations, associations, or other organizations to engage in the announced and permitted commercial activities pursuant to Article 35, Paragraph 4 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area.
  3. Measures for Permission for profit-making Mainland Businesses to Establish Branches or Representative Offices in Taiwan:
    These measures primarily regulate the documents that must be attached for Mainland China companies to establish a branch company or offices in Taiwan, pursuant to Article 40, Paragraphs 1 and 2 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area.

Institutional Investors

  1. Management and Supervision of Institutions Engaged in Economic Activities by the Ministry of Economic Affairs:
    The Ministry handles matters related to the establishment licenses and supervision of institutions engaged in economic activities. All such matters shall be handled pursuant to this regulation unless otherwise provided by the law.
  2. Procedure for Permission and Supervision of the Establishment of Institutions Engaged in Economic Activities by the Ministry of Economic Affairs:
    This Ministry has formulated this procedure to handle the approval for the establishment and supervision of institutions engaged in economic activities, and review related matters pursuant to the relevant provisions of the Civil Code.

E-commerce

  1. Electronic Signatures Act:
    The Act aims to promote the universal applications of electronic transactions in the nation, ensure the security of electronic transactions, promote e-government and e-commerce development, and enable the electronic signatures to have the same function as those in actual documents or general signatures/seals.
  2. Enforcement Rules of the Electronic Signatures Act:
    These rules were formulated to facilitate the promotion and implementation of the Electronic Signatures Act.
  3. Regulations on Required Information for Certification Practice Statements:
    Regulations for statements declaring that a certificate agency has the authority to issue certificates and handle other certification related operations.
  4. Regulations Governing Permission of Foreign Certification Service Providers:
    Under the premise of international reciprocity as well as the principle of adequate safety conditions and after approval by the competent authority, certificates issued by a foreign certification authority shall have the same force and effect as those issued by a domestic certification authority.