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2019 年 9 月 30 日

Analysis of Compulsory Transfer of Shares (Equity) – Comparison of Company Laws of Taiwan and the People’s Republic of China (Taiwan)

Emily Chueh Article 163 of the Company Law of Taiwan provides: “Unless as otherwise provided for in this Law, assignment/transfer of shares of a company shall not be prohibited or restricted by any provision in the Articles of Incorporation.”  Basically, […]
2019 年 9 月 30 日

Since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is an ordinary exercise of ownership, such change has nothing to do with the scenario where there is no expropriation need due to change of circumstance (Taiwan)

Teresa Huang The Supreme Administrative Court rendered the 108-Pan-124 Decision of March 22, 2019 (hereinafter, the “Decision”), holding that since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is […]
2019 年 9 月 30 日

In a medical emergency, a physician’s decision to not follow common medical practice should be examined for whether there was negligence in light of reasonable professional clinical discretion (Taiwan)

Ankwei Chen The Supreme Court rendered the 107-Tai-Shang-4587 Criminal Decision onApril 2, 2019 (the “Decision”), in which it held that in a very urgent medical emergency, a physician’s decision to not follow common medical practices should be examined for negligence […]
2019 年 9 月 30 日

Whether there is any irregularity in an insured’s physical condition relies on the truthful statement of the insured, and the insured’s obligation to provide a truthful explanation cannot be deemed released simply because the insured has authorized the insurer to check his/her medical data (Taiwan)

Alex Liao The Taiwan High Court rendered the 108-Bao-Xian-Shang-Yi-1 Civil Decision of July 17, 2019 (hereinafter, the “Decision”), holding that whether there is any irregularity in an insured’s physical condition relies on the truthful statement of the insured, and the […]
2019 年 9 月 30 日

When an insurance company is taken over by personnel assigned by the competent authority due to its inability to have a sound operation, the law allows the authority to take preservation measures against its representative such as prohibition against property transfer or delivery, and this is not preconditioned by the representative’s breach of any administrative law duty (Taiwan)

Fang-Wei Lin The Supreme Administrative Court rendered the 108-Pan-328 Decision of July 5, 2019 (hereinafter, the “Decision”), holding that when an insurance company is taken over by personnel assigned by the competent authority due to its inability to have a […]
2019 年 9 月 30 日

The FSC amended the Guidelines for Restriction on Concurrent Positions Held by Representatives of Electronic Stored Value Card Issuers and Matters for Their Compliance (Taiwan)

Sean Tsou The Financial Supervisory Commission (hereinafter, the “FSC”) promulgated the amendments to Articles 6 through 8 of the Guidelines for Restriction on Concurrent Positions Held by Representatives of Electronic Stored Value Card Issuers and Matters for Their Compliance (hereinafter, […]
2019 年 9 月 30 日

A building provided for production use may be property under a self-interest trust, and an application to halve the housing tax may be filed (Taiwan)

Tiffany Hsiao The Ministry of the Interior issued the Tai-Cai-Shui-10804518460 Directive of July 23, 2019 (hereinafter, the “Directive”), pointing out that a building provided for production use may be a property under a self-interest trust, and an application to halve […]
2019 年 9 月 30 日

A full-time teacher who concurrently serves, not pursuant to laws and regulations, as the representative of a business which has merely registered its business suspension but not its closedown is still deemed to work part-time illegally (Taiwan)

Emily Chueh The Supreme Administrative Court rendered the 108-Pan-193 Decision of April 19, 2019 (hereinafter, the “Decision”), holding that a full-time teacher who concurrently serves, not pursuant to laws and regulations, as the representative of a business which has merely […]
 

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