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Taiwan Company – Company Law

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Q: Can a manager of a parent company also serve as the manager of its wholly owned subsidiary?
A: Yes.

Q: Can a foundation or charitable foundation serve as a company’s promoter or shareholder?
A: Only natural persons and legal entities may serve as shareholders of a company. Therefore, a foundation that does not have legal entity status may not become a shareholder of a company.

Q: Are there any restrictions on the transfer of shares by promoters or shareholders?
A: Generally, a shareholder’s share are freely transferable.

Q: What is a tentative resolution?
A: If the quorum required under Article 174 of the Company Act is not met, but shareholders representing at least one-third of the total issued shares are present, a tentative resolution may be adopted with the approval of a majority of the voting rights represented by the shareholders in attendance.

Q: Who should receive the notice for the second shareholders' meeting following a tentative resolution?
A: If a second shareholders' meeting is convened within one month after a tentative resolution is adopted, it is deemed to be a continuation of the first shareholders' meeting. Therefore, the notice of the second meeting should be sent to the shareholders who were entitled to receive notice of the first shareholders' meeting.

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