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Applications Process

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Application for establishing a branch by a foreign bank

Name of the Application form: Application for establishing a branch by a foreign bank
Responsible agency: Foreign Bank Division, Banking Bureau, Financial Supervisory Commission
Application forms available for downloading:
  1. Application for Establishment of Additional Branch in the ROC by Foreign Banks(ODT)
  2. Statement of foreign bank’s litigation and non-litigation agency in the Republic of China(PDF)
  3. List of items for foreign banks to apply for the permit of their branch operating(PDF)
  4. List of items required to be stated on the business license of the branch of the foreign bank(PDF)
Legal basis: Laws and Regulations Retrieving System of the Banking Bureau
Application process: Application flow chart(DOC FILE)
Documents required to be attached:

  Foreign banks applying for establishing branches in Taiwan shall prepare the following written documents and send them to the competent authorities to apply for approval:
 

 

1. Application form.

 

2. Feasibility analysis in which the contents shall include the following:

(1) Operating strategic considerations for setting up the branch in Taiwan including headquarters’ operating strategies and comparisons of political, trading and financial status between Taiwan and its neighboring countries.
(2) Understanding of Taiwan’s laws, taxation system, banking laws and regulations, and banking system.
(3) The niche in Taiwan and evaluation of feasibility including analysis of potential competitors in Taiwan, bilateral trading, mutual investments and business opportunities between the home country and Taiwan, and the corresponding banks and customers in Taiwan with exchange contents.

 

3. Bank’s basic information, in which the contents shall include the following:
 

(1) Organization: Covering bank profile (including the course of acquisition), organization of respective major divisions, global branches, network, share holding and business status of holding companies along with subsidiaries, and supervision as well as management applied by the headquarters to overseas branches (including the scope and time of examination).
(2) Business introduction: Covering business scope, specialized attributes, and comparison and analysis of assets, liabilities and gains/losses for the past three years.
(3) Data of major responsible persons and shareholders: A list showing the names and backgrounds of the bank’s chair person, general managers and the ones in charge of international divisions, and another list showing the names and backgrounds of the shareholders holding more than 10% of bank’s shares and the top ten shareholders.
(4) Introduction of the bank’s home country in which the contents shall include the evaluation made by well-known magazines towards the risk of the bank’s home country; the financial system of the home country; the names of the home country’s competent authorities, their purview and the scope and time of their examination; the home country’s deposit insurance system; the management measure of foreign exchange transactions and capital in and out remittance taken by the home country’s competent authorities; the restrictions regulated by the home country’s competent authorities on the foreign bank’s establishing branches and business operating .

 

4. The rank of the foreign bank’s capital or assets in the world major banks, and the rating given by world acknowledged rating institutes in the previous year.

 

5. Self-evaluation and analysis as to the foreign bank’s law-abiding and integration degree in business operating including whether default, scandal, or punishment occurring in the past five years.

 

6. The documents showing the approval of the financial competent authorities of the foreign bank’s home country for setting up the branch in Taiwan.

 

7. The documents issued by the financial competent authorities of the foreign bank’s home country for agreeing to cooperate with Taiwan to supervise the bank’s consolidation and management, and proving the bank’s well-rounded financial and business status.


8. A letter of undertaking issued by the head office of the foreign bank promising to provide necessary (contingent) liquidity and financial support to branches in the ROC.

 

9. The resumes and related certificates of the managers that the foreign bank plans to appoint for its branch in Taiwan.


10. The branch’s operating plan, in which the contents shall cover the following:
 

(1) Market positioning, operating strategies, and future development plans
(2) Business scope planned to engage in, market status of major businesses, and operating plans.
(3) The internal organization and labor division, organization chart, personnel deployment, and personnel recruit and training plans of the branch planned to be set up.
(4) Business regulations, the risk management system, and the internal control and audit systems.
(5) The assets, liabilities and gain/loss estimates for the three years to come, in which the estimation basis shall be indicated.

 

11. The resolution record or equivalent documents showing the approval of the foreign bank’s board of directors for setting up the branch in Taiwan.


 

 

12. The certificate of the ratio of proprietary capital to risk assets of the foreign bank at the end of the latest year issued by the certified public accountant.

 

13. In the case that the attorney or public certified account is entrusted to file the application, the responsible person of the bank shall issue a letter of authorization.


14. The certificate showing that the balance sheets and income statements have been audited and certified by the certified public account in the latest three years.

 

15. The documents proving corporate qualifications and the accreditation of the bank permit issued by the competent authorities of the foreign bank’s home country.

 

16. Constitution certificate.
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17. The certificate of the authorization letter issued by the Taiwan’s litigation and non-litigation agency appointed by the foreign bank.

18. In the event that the foreign bank’s capital or assets ranked outside the world top 500 in the year prior to the bank’s application, the statistic statement showing the trading amounts with Taiwan’s banks and enterprises in the latest three calendar years shall be submitted.

 

19. The statement of the bank’s Taiwan litigation and non-litigation agency.

 

20. Other data or documents required to be submitted as regulated by the competent authorities.
The foresaid document related certificates shall be certified by the notary of the bank’s home country or Taiwan’s consular personnel to the bank’s home country.

 

Before starting its business in Taiwan, the foreign bank shall complete the following procedure within eight months after being approved to establish or add the branch. In case of failure to start the business in due time, the competent authorities are entitled to withdraw the approval:
1. Remittance of the amount to be exclusively used as the working capital in Taiwan .

 

2. Dispatch of the list of items for foreign banks to apply for the permit of their branch operating in Taiwan to the competent authorities for examination and approval.

Application for the foreign company permit or change permit and branch registration according to Company Law and related regulations.

 

3. Dispatch of the list of items required to be stated on the business license to the competent authorities for the issue of the bank’s business license, and payment of the license fee.

 

4. Reporting the branch’s business start date to the competent authorities for future reference, making an announcement in Chinese at the place where the branch is located for the items stated on the business license issued by the competent authorities, pursuant to article 55 of the Act.
In case of special due reason, the preceding time limit can be extended, but the extension is limited to one time only.
 

Related Q&A:  None
Contact person: 02-89689999 

 

 
Visitor: 7316   Update: 2019-07-04
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