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Taiwan Limited Company Registration Q&A 37

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Q: Is there any penalty if the actual business address is different from the registered one?
A: The actual and registered address can be different, there would not be any penalty imposed.

Q:
How to differentiate between a company manger and manger as a job title? What are the management rights between them?
A:
When there are more than 1 managers within a company, their title would be decided by the company and the Company Act has no stipulation with it. Also, according to Article 31 of the same Act “The scope of duties and power of managerial personnel of a company may, in addition to what are specified in the Articles of Incorporation, also be defined in the employment contract. A managerial personnel shall be empowered to manage the operation of the company and to sign relevant business documents for the company, subject to the scope of his/her duties and power as specified in the Articles of Incorporation or his/her employment contract.”

Q:
How should be handle if I was impersonated as shareholder of a company?
A:
If the impersonated is confirmed, according to Article 9 Paragraph 4 of the Company Act, after the responsible persons, agents, employees or other personnel have been convicted the crime of Offenses of Forging Instruments or Seals in the Chapter of the Criminal Code in filing an application for registration of its company incorporation or other company alterations, the central competent authority shall, ex officio or upon an application filed by an interested party, cancel or nullify such registration of the said company.

Q:
Can a work studio apply for business registration?
A:
If the business is run by sole proprietorship or partnership and receive orders with personal identity without setting up a company. It can apply for business registration, which is so-called “firm”.

Q:
What is the main difference between a company and a firm?
A:
Company: limited liability of shareholders, easy transferal of shares, able to plan the surplus distribution, larger scale for business expansion and more flexible.
Firm: unlimited liability of shareholders, unable to transfer the ownership of sole proprietorship and must be deregistered, surplus must be distributed that year with no rooms for planning, smaller scale, limited business expansion, low flexibility.

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