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FAQ for the Registration of Taiwan Company Limited by Shares #3

Answer
Q:
When should the company apply for registration change when there is the resignation of the director and supervisor of the Company Limited by Shares?
A: If there is the resignation of the director and supervisor of the Company Limited by Shares, the company should apply the registration change within 15 days.

Q:
A minority of the shareholder does not actually contribute the capital, how could be expelled if there is a dispute?
A:
The company shareholder that registered are counted as the shareholder of the company, even the shareholder does not actually contribute to the capital. Since there is no regulation about expelling shareholders of Limited Company and Company Limited by Shares in the Taiwan Company Act, therefore, if the shareholder does not continue to act as the shareholder, they should handle the procedure of the share transfer.

Q:
For the directors and supervisors that replace the predecessor, how to calculate the term for the succeeding directors and supervisors of the Company Limited by Shares?
A:
The term of the succeeding directors and the supervisors of the Company Limited by Shares should assume the post until the term of the predecessor is fulfilled.

Q:
What is the term for the director and supervisor of the Company Limited by Shares?
A:
The term for the director and supervisor of the Company Limited by Shares should not exceed 3 years.

Q:
After the resignation of the director of the Company Limited by Shares, could the company does not apply for the registration change and does not elect the succeeding directors?
A:
No, the director should handle the registration change of the resignation of directors, the registration form should state “vacancies” in the section of the directors, when the number of vacancies in the board of directors of a company equals to one-third of the total number of directors, the board of directors shall call a special meeting of shareholders to elect succeeding directors to fill the vacancies.

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