Company Name Reservation Expiration under Taiwan Company Law
According to Articles 24 and 25 of Taiwan’s Company Act, after a company is dissolved, it shall undergo liquidation, except in cases of merger, bankruptcy, or change of organizational form. During the liquidation process, the company is deemed to continue to exist to the extent necessary for the completion of liquidation. This means that, upon completion of the dissolution registration, the company’s purpose is merely limited to settling its outstanding affairs and liquidating its assets. Its legal personality continues to exist until the liquidation proceedings before the court have been completed. Since the company’s legal personality has not yet been extinguished, its registered company name continues to enjoy exclusive protection. Accordingly, the competent authority may not accept an application by another party to register an identical company name.
When can the name of a dissolved Taiwan company be reused by other party? According to Article 26-2 of Taiwan’s Company Act, the availability of a dissolved company’s name for reuse generally falls into the following three scenarios:
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The company is dissolved and the court liquidation is completed
If the company dissolution, the company duly completes the liquidation proceedings and the court approves the completion of the liquidation, the company’s legal personality is formally extinguished. Accordingly, its company name is released and becomes available for other parties to apply for registration in accordance with applicable laws and regulations.
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The company has been dissolved for less than 10 years, and the liquidation has not completed
If the company has only completed its dissolution registration but has not yet completed the liquidation proceedings, its company name remains protected under the Company Act, provided that less than 10 years have elapsed from the date of its dissolution registration. Accordingly, other parties may not apply to register or use the same company name.
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The company has dissolved for more than 10 years, and the liquidation has not been completed
If more than 10 years have elapsed from the date of the company’s dissolution registration and the liquidation has still not been completed, the original company name becomes available for other parties to apply for registration.
Kaizen recommends that the Taiwan Company Public Information Inquiry System not be relied upon solely to determine whether a company name is available. The company’s dissolution date and the completion status of its court-supervised liquidation should also be verified. Kaizen also provides a company name pre-check service to help avoid unnecessary branding and marketing costs if the proposed name cannot be registered. Should you have any questions, please feel free to contact Kaizen Taiwan professional team for further assistance.
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