How to Establish a Taiwan Representative Office?

Foreign companies that do not have business operation needs in Taiwan may consider establishing a Taiwan Representative Office. However, a Representative Office does not have legal person status or business qualifications, and it is not allowed to engage in commercial activities. It can only represent the foreign company in Taiwan for activities such as contract signing, quotation, price negotiation, bidding, procurement, market research, and business research. The competent authority for Representative Offices is the Department of Commerce under the Ministry of Economic Affairs (MOEA). However, if the foreign company has Chinese capital involvement, it must undergo an Investment Commission review and submit an annual activity plan and budget for approval. A foreign company's Taiwan Representative Office can apply for a work permit for its business representative. A newly established Representative Office does not need to provide work performance records within its first year, but for work permit renewals, the office's performance in the previous year will be reviewed.

Reference Article: Comparison of Foreign Companies' Establishment of Subsidiaries, Branches, and Representative Offices in Taiwan

Required Documents for Establishing a Taiwan Representative Office

1.Application Form (If entrusting a CPA or lawyer, an authorization letter must be attached)
2.Approval Documents from Other Authorities (If prior approval from the competent authority is required, a copy of the approval document must be provided; otherwise, it is not necessary)
3.Copy of the Foreign Company’s Legal Entity Certificate
4.Power of Attorney for the Representative in Taiwan (The competent authority may request notarization if necessary)
5.Copy of the Representative’s Identification Document in Taiwan
6.Copy of the Property Owner’s Consent Letter and Ownership Certificate The property owner must provide a written consent letter stating the company's name. If the property is owned by the company or a lease contract is provided, the consent letter is not required. If a foreign company applies for a branch or Representative Office registration, these documents may be submitted within 30 days after registration approval.
7.Two Copies of the Foreign Company Representative Office Registration Form
8.Registration Fee: TWD 1,000

Source: Department of Commerce, Ministry of Economic Affairs

Six Steps to Establish a Taiwan Representative Office

Step One: Choosing a Chinese Name for the Representative Office

When a foreign (foreign investment) company establishes a representative office in Taiwan, the first step is to select a Chinese name for the representative office.

Step Two: Required Documents for Establishing the Representative Office

Before applying to the Bureau of Foreign Trade, Ministry of Economic Affairs, a foreign company must prepare three main categories of documents: Relevant registration documents of the foreign company. Documents related to the representative in Taiwan. Documents pertaining to the registered address of the representative office.

Making Seals for the Representative Office

Step Four: Submission of Application to the Bureau of Foreign Trade for Registration Review (Ministry of Economic Affairs)

After preparing the required documents from Step Two, fill out the application form for the establishment of the representative office and submit it to the Bureau of Foreign Trade, Ministry of Economic Affairs for registration review.

Step Five: Application for Tax Registration (National Taxation Bureau)

Once the registration review for the representative office is approved, prepare the necessary documents and apply for tax registration with the National Taxation Bureau.

Step Six: Opening a Bank Account for the Representative Office

After completing the establishment of the representative office, the representative can visit a bank to open a bank account in the name of the representative office.

Flowchart for Establishing a Taiwan Representative Office

Important Notes for Establishing a Taiwan Representative Office

Things to note:
1.The application for a Representative Office must comply with Article 386 of the Company Act.
2.The application must be filed by the Representative of the foreign company in Taiwan.
3.The power of attorney must specify the types of legal acts the representative can perform in Taiwan, such as contract signing, quotation, price negotiation, bidding, and procurement.
4.If the foreign company has Chinese capital involvement, its business activities must align with the list of permitted industries. The scope of legal activities conducted in Taiwan must comply with these regulations unless otherwise specified by the competent authority.
5.Requirements for the Representative’s Identification Documents:
a.Taiwanese Nationals: A copy of their national ID card.
b.Foreign Nationals: One of the following:
Copy of residence permit
Copy of passport (with address and signature or stamp)
Proof of residence issued by their home country’s government
Personal declaration (stating name, nationality, and address) certified by a Taiwanese court.

c.Hong Kong and Macau Residents:

Hong Kong

Before 1997 (Hong Kong)

British-issued passport and a copy of the permanent resident ID.

After 1997 (Hong Kong: Chinese-issued Hong Kong/Macau passport and a copy of the permanent resident ID.

Macau

Before 1998

Portuguese-issued passport and a copy of the permanent resident ID.

98之後

After 1998 (Macau): Chinese-issued Hong Kong/Macau passport and a copy of the permanent resident ID.

Source: Department of Commerce, Ministry of Economic Affairs

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