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What are role’s difference of Branch Manager and Legal Representative?

#BranchManager #TaiwanBranch #”litigationAgent #legalRepresentative

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Director Jerry Chu, USA Graduate School Alumni, and a well-English speaker
Mobile: +886-939-357-735
Tel No.: +886-2-2717-0515 ext. 103

What are role’s difference of Branch Manager and Legal Representative when setting up Taiwan Branch?

Please see regulations on Taiwan Branch setup link in Chinese
Officially, Taiwan Branch will need to arrange two roles: “Branch Manager”and “litigation and non-litigation agent”.
The latter role, so-called legal representative in general.
Taiwan Branch do not need to have Director and Company Secretory.
In Taiwan, the roles of “Branch Manager”and “litigation and non-litigation agent” have distinct responsibilities and legal standings:
“Branch Manager”:
-A branch manager oversees the operations of a branch office of a foreign company in Taiwan.
-The branch office is not a separate legal entity but is part of the parent company.
-The branch manager is responsible for the day-to-day management and represents the branch in business activities within the scope allowed by the parent company.
-They do not necessarily have the authority to make decisions that bind the parent company legally.
-A Taiwan Branch can assign more than one branch manager.
“litigation and non-litigation agent”:
-A “litigation and non-litigation agent”, on the other hand, acts on behalf of the company in legal matters and has the authority to enter into binding agreements.
-They are often required to handle legal documentation and represent the company in legal proceedings.
-The “litigation and non-litigation agent” may be the same person as the branch manager, but they have different capacities when acting in these roles.

Can be the same one for both “Branch Manager”and “litigation and non-litigation agent” when setting up Taiwan Branch?

Yes, both roles can be undertaken by the same one. It is usual practice.

What are requirements to undertaking “Branch Manager” of a Taiwan Branch?

Whoever Taiwan Citizen or Foreigner can be assigned to be Branch Manager, but the assigned one needs have residency in Taiwan.

What are requirements to undertaking “litigation and non-litigation agent” of a Taiwan Branch ?

Whoever Taiwan Citizen or Foreigner can be “litigation and non-litigation agent” , no need to have residency in Taiwan.

Please see below introduction in Chinese

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E-mail: tpe4ww@evershinecpa.com
Contact us during office hours  (Taipei and China Time Zone)
Director Jerry Chu, USA Graduate School Alumni and a well-English speaker
Mobile: +886-939-357-735
Tel No.: +886-2-2717-0515 ext. 103

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(version: 2022/03)

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