Pursuant to the Company Act, a foreign company is one that is organized, registered and incorporated according to foreign laws so as to engage in business for profit, and has received the approval of the R.O.C. government to operate within the territory of the R.O.C. Where a foreign company that is organized, registered and incorporated in accordance with the laws of its resident country intends to conduct business inside the R.O.C., it may, subject to the approval of the government of R.O.C., incorporate and register a branch company before it conducts such business. The application for approval requires the foreign company to set aside capital for its R.O.C. branch company to conduct business in the R.O.C. The branch company is also subject to the competent authority's restrictions regarding minimum capital requirement.
Individuals, legal entities, organizations or other institutions in the Mainland region that directly or indirectly hold more than 30% of shareholding or capital contribution in a foreign company or that have controlling power over such a company shall be required to first apply and obtain the approval of the Investment Commission, MOEA before applying for approval and registration of incorporation of branch company.
Applications for the approval of a foreign company's registration or incorporation of an R.O.C. branch company and changes thereto shall be pursuant to "Regulations Governing Company Registration and Recognition" formulated under Article 387 of the Company Act.
If a foreign company does not intend to incorporate a branch company in the R.O.C., it may, pursuant to Article 386 of the Company Act, apply to file its appointment of a representative in the R.O.C. to conduct legal matters with respect to its business operations (signing of contracts, submission of bids in tenders, giving price quotations, making purchases and negotiating prices). Where the business operations of foreign companies including those incorporated in the Mainland conform to the Approved List of Business, they should append documentary proof of their business registration in their home country (such documentary proof shall be authenticated and shall be accompanied by Chinese translations.)