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

#BranchManager #TaiwanBranch #”litigationAgent #legalRepresentative

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Tel No.: +886-2-2717-0515 ext. 103

ELR-BR-010
What are role’s difference of Branch Manager and Legal Representative when setting up Taiwan Branch?

Answer:
Please see regulations on Taiwan Branch setup link in Chinese
https://gcis.nat.gov.tw/elaw/lawDtlAction.do?method=lawToCons&pk=19&art=372&dash=0
https://law.moj.gov.tw/LawClass/LawParaDeatil.aspx?pcode=J0080001&bp=29
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.

ELR-BR-020
Can be the same one for both “Branch Manager”and “litigation and non-litigation agent” when setting up Taiwan Branch?

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

ELR-BR-030
What are requirements to undertaking “Branch Manager” of a Taiwan Branch?

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

ELR-BR-040
What are requirements to undertaking “litigation and non-litigation agent” of a Taiwan Branch ?

Answer:
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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(version: 2022/03)

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