Activities

2024

  1. 【Speech】Mike Lu will host the speech of "Regulations and Practice of Financial Examination and Administrative Investigation" by Professor Po-Yen Hu of Soochow University at the Taipei Bar Association on May 31, 2024.
  2. 【Speech】Mike Lu and Echo Yeh made a report of "Global Regulatory Requirements and Cases on Single Family Office and Taiwan Legal Challenges and Suggestions” at the National Development Counsil on May 6, 2024.
  3. 【Speech】Mike Lu hosted the speech of "Latest Trend and Challenge for Private Equity Fund and M&A" by Professor Johnnathan Lin of National Taiwan University at the Taipei Bar Association on April 24, 2024.
  4. 【Speech】Stacy Lo was invited by the Corporate Operating and Sustainability Development Association to give a speech on the topic of "Corporate Governance 3.0, Capital Market Blueprint, and Green Financing " on March 22, 2024.
  5. 【Speech】Mike Lu and Lia Wang were invited by the financial industry to give a speech on the subject of  the “Relevant Regulations for Outsourcing by SITE/SICE” on 5 January 2024.

2023

  1. 【Public Participation】Lexcel Partners hereby announces the winners of the award of the 2023 scholarship:I. Scholarship:1. Jen-Chuan, Wang 2. Yi-Ling, Hu II. Subsidy Award:1. Xin-En, Wang 2. Ching-Ming, Liang 3.Hsiang-Ching, Liu.
  2. 【Speech】Angela Lin was invited by the industry to give a speech in English on "Legal Obligations, Liabilities and Responsibilities of Directors" on December 15, 2023.
  3. 【Speech】Stacy Lo and Lia Wang were invited by the industry to give a speech on "Business Sustainability Development" on December 14, 2023.
  4. 【Speech】Echo Yeh, Mike Lu, and Stacy Lo were invited by National Taiwan University Law School to give a speech on “Introduction of M&A and Legal Observations” on December 7, 2023.
  5. 【Speech】Mike Lu, Jeffrey Liu and Angela Lin were invited by the industry to give a speech on “Legal Obligation and Responsibility of Director” on December 4, 2023.
  6. 【Speech】Mike Lu attended the seminar of “How Attorneys may actively participate in AI Trend of Financial Industry” on 24 November 2023 and host the session of “Attorneys’ Role in New Techs applied by Securities and Asset Management Enterprise”.
  7. 【Speech】Mike Lu and Lia Wang were invited by the financial industry to give a speech on the topic of “Development of Laws and Policies of Sustainability in Financial and Asset Management Business”.
  8. 【Publication】Mike Lu and David Tsai published the article: "Crisis management by Emotion, Logic, and Laws" Laws"" on Angle Lawyer Empowerment (November 2023).
  9. 【Speech】Mike Lu and Jeffrey Liu were invited by HKIFA to share “Update on Taiwan Regulatory Development” with members on November 6, 2023.
  10. 【Speech】Jeffrey Liu was invited to deliver a training on November 2, 2023 on the subject of "Training of Offshore Funds".
  11. 【Public Participation】The 2023 Scholarship and Financial Aid for Law Students of Lexcel Partners is now open for application from October 1 to October 31.
  12. 【Speech】Mike Lu invited Professor Johnny Zhang to give a speech and host the seminar on October 27, 2023 for the topic of "New Trend for Interpretation on Insurance Contracts" at the Taipei Bar Association.
  13. 【Speech】David Tsai was invited by the Corporate Operating and Sustainability Development Association to give a speech on the topic of “The practice of Labor Incident Act” on October 20, 2023.
  14. 【Speech】Alex Li was invited by the industry to give a speech on the topic of "Types of Dishonest conduct in Workplace Dishonesty and its Prevention and Associated Responsibilities" on 17 October 2023.
  15. 【Speech】Jeffrey Liu and Lia Wang were invited by the industry to give a speech on the topic of "substantiality finance related topics" on 17 October 2023.
  16. 【Speech】Stacy Lo was invited by the industry to give a speech on the topic of "Corporate Governance 3.0, and Capital Market Blueprint" on 17 October 2023.
  17. 【Public Participation】Mike Lu has been elected as the director of the Taipei Bar Association.
  18. 【Speech】Mike Lu invited  the official of the Financial Supervisory Commission to give a speech and host the seminar on September 15, 2023 for the topic of "Current Sustainability Finance Policies and Future Direction" at the Taipei Bar Association.
  19. 【Speech】Mike Lu invited Adonis Chang, general manager of ERA Ogilvy Public Relations, to give a speech on August 31, 2023 on the topic of "Practice and transformational thinking for lawyers on public relations crisis management" at the Taipei Bar Association.
  20. 【Speech】Stacy Lo was invited by the Allied Association for Science Park Industries in Taiwan to give a speech on the topic of "Corporate Governance 3.0, Capital Market Blueprint, and Green Financing" on 15 August 2023.
  21. 【Speech】Mike Lu and Angela Lin were invited by the industry to give a speech on the topic of “Responsibilities and Liabilities of Director and Supervisor in Financial Industry”.
  22. 【Speech】Stacy Lo was invited by the industry to give a speech on the topic of “Operation for Board of Directors and Shareholders' Meeting and Responsibility of Directors and Supervisors” on 30 June 2023.
  23. 【Speech】Mike Lu of Lexcel Partners  hosted the seminar of “Regulatory Supervision on P2P Loan Plat  Form and Discussion on Practical Dispute”on 21 June 2023.
  24. 【Donation】Mike Lu, Jeffrey Liu and Angela Lin collectively donated NTD 400,000 in favor of College of Law, National Chenchi University for its construction of the new college main building.
  25. 【Sponsorship】Mike Lu and Jeffrey Liu attended the Hong Kong Investment Funds Association 16th Annual Conference on 5 June 2023 in Hong Kong。
  26. 【Speech】Jeffrey Liu was invited by the Corporate Operating and Sustainability Development Association to give a speech on the topic of "Development of Financial Regulations and Policies for Substantiality" on June 13, 2023.
  27. 【Speech】Stacy Lo was invited by the Corporate Operating and Sustainability Development Association to give a speech on the topic of "Corporate Governance 3.0, Capital Market Blueprint, and Green Financing " on June 9, 2023.
  28. 【Speech】Lia Wang was invited by the Taipei Awakening Association to deliver a speech on the subject of "Consumer Law Related Issues" on May 30, 2023.
  29. 【Speech】Alex Li was invited by the Taipei Awakening Association to deliver a speech on the subject of "Re-employment of Women and Legal Issues in Workplace" on May 23, 2023.
  30. 【Speech】David Tsai was invited by European Chamber of Commerce Taiwan (ECCT) Banking committee to give a speech on the topic of " Regulatory Updates on Labor Law " on May 18, 2023.
  31. 【Speech】Paul Hsu was invited by the Taipei Awakening Association to deliver a speech on the subject of "No Worries for Attending Courts –Common Knowledge of Law" on May 9, 2023.
  32. 【Interview and Publication】Mike Lu was interviewed by National Chenchi University Law Newsletter (April 2023, 12th) to talk about finding a solution to conflicts by grasping current international affairs and trends.
  33. 【Publication】"Corporate Acquisitions and Mergers in Taiwan, Fourth edition (Kluer)" written by Echo Yeh, Sue Su, Mike Lu, Stacy Lo, Jeffrey Liu, David Tsai, Kangshen Liu, and Angela Lin has been officially published.
  34. 【Speech】Mike Lu invited Professor Yueh-Ping (Alex) YANG of College of Law at National Taiwan University to give a speech on April 28, 2023 on the topic of "Discussion of New Tech Crimes and Practice” at the Taipei Bar Association.
  35. 【Speech】Kang-Shen Liu was invited by Importers and Exporters Association of Taipei (IEAT) to give a speech on the topic of "Disputes on International Trade" on April 27, 2023.
  36. 【Speech】Mike Lu invited Professor C.F. Chou of Law School of National Chengchi University to give a speech on April 14, 2023 on the topic of "Discussion of Theory and Practice for Recusal of Voting Right” at the Taipei Bar Association.
  37. 【Speech】Stacy Lo was invited by the Allied Association for Science Park Industries in Taiwan to give a speech on the topic of "Operation for Board of Directors and Shareholders' Meeting and Responsibility of Directors and Supervisors" on 13 April 2023.
  38. 【Speech】Mike Lu was invited to give a speech on the topic of "Share Acquisitions and Arrangement for Management Power" at the Law School of NCCU on April 7, 2023.
  39. 【Speech】Stacy Lo was invited by Asia Securities Industry & Financial Markets Association (ASIFMA) to deliver an English speech on March 21, 2023 on the subject of "Draft Amendment to Taiwan Outsourcing Guidelines".
  40. 【Speech】Alex Li was invited by the Taipei Awakening Association to deliver a speech on the subject of "Protection of Women’s Legal Rights in Marriage" on March 21,, 2023.
  41. 【Speech】Stacy Lo, Henry Ku and Linda Chu were be invited to deliver a speech on March 9, 2023 on the subject of "Legal Guideline for Drafting Marketing and Advertising Materials".
  42. 【Speech】Lily Huang was invited by the Taipei Awakening Association to deliver a speech on the subject of "Issue on Marital Property during the Course Of Marriage"on March 7, 2023.
  43. 【Speech】Mike Lu and Jeffrey Liu were invited by HKIFA to deliver a speech on January 13, 2023 on the subject of "2023 Fund Regulatory and ESG Update in Taiwan".

2022

  1. 【Public Participation】Lexcel Partners hereby announces the winners of the award of the 2021 scholarship:I. Scholarship:1. Tzu-Ching, Liao 2. Ying-Shan, Liu II. Subsidy Award:1. Pei-Shan, Wu 2. Meng-Zhu, Liu 3.Yu-Han, Huang
  2. 【Speech】Jeffrey Liu was invited to deliver a training on December 16, 2022 on the subject of "Training of Offshore Funds".
  3. 【Speech】Mike Lu invited LF Hsu and BC Lin to give a speech on the topic of "Regulatory Supervision and Control on Cryptocurrency" for Taiwan Bar Association on December 16, 2022.
  4. 【Speech】Jeffrey Liu and Angela Lin were invited to deliver a speech on December 15, 2022 on the subject of "ESG Requirements, Principle of Treating Customers Fairly and Recent Regulatory Updates of Governance Best-Practice Principles for Asset Management Industry".
  5. 【Speech】Mike Lu was invited by the Corporate Operating and Sustainability Development Association to give a speech on the topic of "Need-to-know Concepts in Company Act for Corporate Structure and Operation of New Business" on November 10, 2022.
  6. 【Publication】Mike Lu published the article: "Regulatory and Policy Development of Sustainability on Taiwan Asset Management Industry" on Angle Lawyer Empowerment (October 2022).
  7. 【Speech】Lily Huang was invited by the Taipei Awakening Association to deliver a speech on the subject of "Related Legal Issues and Disputes on Sibling Caretaking"  on October 18, 2022.
  8. 【Speech】Lily Huang was invited by the FICHET to deliver a speech on September 26, 2022 on the subject of "Practice for Personal Information Protection".
  9. 【Speech】Alex Li was invited by the Taipei Awakening Association to deliver a speech on the subject of "Introduction of Relevant Legal Issues of Declaration of Guardianship and Assistantship for Elderly" on September 20, 2022.
  10. 【Publication】Angela Lin and Henry Ku published the article: "Inspiration for Taiwan, from Hong Kong and Singapore SPAC Listing Rules" on Angle Accounting Magazine (September 2022).
  11. 【Speech】Stacy Lo and Lily Huang were invited by the industry to deliver a speech on September 5 and September 28, 2022 respectively on the subject of "Discussion on Practical Issues of Personal Information Protection Act".
  12. 【Speech】Will Chen was invited by the Taipei Awakening Association to deliver a speech on the subject of "Financial Asset Allocation for Elder and Property Trust Arrangement"on August 23, 2022.
  13. 【Speech】David Mike Lu, Lily Huang, and Alex Li were invited to deliver a speech on August 22, 2022 on the subject of "(1) Gender Equality Right and Sexual Harassment Prevention, (2) Illegal Acts on Duties and Insider Trading, and (3) Personal Data Protection and Trade Secrete".
  14. 【Speech】We would like to invite you to join a webinar seminar hosted by David Tsai and Alex Li and share some labor topics with us at 2 pm on August 5. The webinar is free of charge for registration and you may find more information on the poster. (here)
  15. Please send an email to samwang@lexgroup.com.tw for registration. We may limit the number of attendees for webinar quality control purpose. Thank you.*This event will be in English.
  16. 【Speech】We would like to invite you to join a webinar seminar and share some labor topics with us at 2 pm on August 5. The webinar is free of charge for registration and you may find more information on the poster. (here)
  17. 【Speech】Mike Lu was invited by the Corporate Operating and Sustainability Development Association to give a speech on the topic of "Need-to-know Concepts in Company Act for Corporate Structure and Operation of New Business" on November 10, 2022.
  18. 【Speech】David Tsai was invited by the Corporate Operating and Sustainability Development Association to give a speech on the topic of "Practice of Labor Incident Act" on August 16, 2022.
  19. 【Publication】Mike Lu published the article: "The Introduction of Variable Capital Company (VCC)" on Angle Lawyer Empowerment (July 2022).
  20. 【Speech】Mike Lu, Stacy Lo, and Jeffrey Liu were invited by Asia Securities Industry & Financial Markets Association (ASIFMA) to deliver an English speech on June 16, 2022 on the subject of "Highlights of ESG Development in Taiwan Asset Management and Financial Market".
  21. 【Speech】Lia Wang was invited by the Taipei Awakening Association to deliver a speech on the subject of "Consumer Law Related Issues" on June 6, 2022.
  22. 【Speech】Hsiyen Hsu was invited by the Taipei Awakening Association to deliver a speech on the subject of "No Worries for Attending Courts – Dispute Resolution in Practice" on May 31, 2022.
  23. 【Speech】Mike Lu was invited by industry to deliver a speech on May 20, 2022 on the subject of " Director’s Duty and Liabilities ".
  24. 【Speech】Mike Lu and Jeffrey Liu were invited by industry to deliver a speech on May 19, 2022 on the subject of "ESG Development Trend and Disclosure Practice by Asset Manager".
  25. 【Speech】Alex Li was invited by the Taipei Awakening Association to deliver a speech on the subject of "Protection of Women’s Legal Rights in Marriage" on May 17, 2022.
  26. 【Speech】Stacy Lo was invited by Taiwan Insurance Law Association to act as a keynote speaker on the subject of "Legality of Bancassurance Telemarketing Model" and participate in the panel discussion in the "Bancassurance Development and Legal Compliance" Seminar.
  27. 【Speech】Lia Wang was invited by the Taipei Awakening Association to deliver a speech on the subject of "Consumer Law Related Issues" on May 3, 2022.
  28. 【Speech】Paul Hsu was invited by the Taipei Awakening Association to deliver a speech on the subject of "No Worries for Attending Courts – Dispute Resolution in Practice" on April 26, 2022.
  29. 【Speech】Lily Huang was invited by the industry to deliver a speech on April 26, 2022 on the subject of "Protection of Personal Information".
  30. 【Speech】David Tsai was invited by the Department of Labor, Taoyuan City Government. to deliver a speech on April 15, 2022 for the subject of " Practice of Labor/Management Relationship and Dispute Resolution ".
  31. 【Speech】Lily Huang was invited by the Taipei Awakening Association to deliver a speech on the subject of "Issue on Marital Property during the Course Of Marriage"on April 12, 2022.
  32. 【Award】Mike Lu has been enlisted as one of the top 100 lawyers in Taiwan for 2021 by Asia Business Law Journal.
  33. 【Speech】Jeffrey Liu and Angela Lin were invited to deliver a speech in "Merger & Acquisition" class of National Chengchi University on April 8, 2022 on the subject of "Practice of M&A "
  34. 【Speech】Will Chen was invited by the Taipei Awakening Association to deliver a speech on the subject of "Frequently Seen Legal Issues on Inheritance and Will " on March 22, 2022.
  35. 【Speech】Jeffrey Liu was invited by Securities and Futures Institute to act as a keynote speaker on the subject of "ESG Disclosure Practice for Onshore and Offshore Fund" and participate in the panel discussion.
  36. 【Speech】Alex Li was invited by the Taipei Awakening Association to deliver a speech on the subject of "Legal Issues in Workplace" on March 8, 2022.
  37. 【Speech】Mike Lu and Jeffrey Liu were invited by HKIFA to deliver a speech on February 18, 2022 on the subject of "2022 Regulatory Development for Fund Market in Taiwan".
  38. 【Speech】 David Tsai was invited by the industry to deliver a speech on February 18, 2022 on the subject of " Introduction of Practice of Labor related Laws  ".
  39. 【Speech】David and Lily Huang were invited to deliver a speech on February 17, 2022 on the subject of "Gender Equality and Prevention of Sexual Harassment in the Workplace, Bullying and Cyber speech, Civil and Criminal Responsibilities for Illegal Behavior in the Workplace – extend with Fraud/Corruption, Unjust Enrichment, and Personal Data Protection Act".
  40. 【Speech】Lily Huang was invited by the FICHET to deliver a speech on January 17, 2022 on the subject of "Practice for Personal Information Protection".
  41. 【Public Participation】Lexcel Partners hereby announces the winners of the award of the 2021 scholarship:I. Scholarship: 1. Chih-Hung Kao 2. Chi-Ray Lin II. Subsidy Award:1. Jing-Lun Lin 2. Ching-Yun Yeh 3. Chung-Ying Liew

2021

  1. 【Speech】Mike Lu, Lily Huang, and Alex Li were invited to deliver a speech on December 22, 2021 on the subject of "Illegal Acts on Duties, and Protection of Personal Data and Copyright".
  2. 【Speech】Jeffrey Liu and Rady Lee was invited by the Taipei Awakening Association to attend and deliver a speech on the subject of "The introduction of property trust for middle-aged and senior citizens" on December 22, 2021.
  3. 【Speech】Mike Lu and Lily Huang were invited to deliver a speech on December 17, 2021 on the subject of "Marital Property System, Inherit, Will and Agency".
  4. 【Speech】Mike Lu, Jeffrey Liu and Angela Lin were invited to deliver a speech on December 13, 2021 on the subject of "Insider Report for Trading, 4 Major Investment Steps and Recent Regulatory Updates of Asset Management Industry".
  5. 【Speech】Mike Lu and Eliza Lee were invited to deliver a speech on November 24, 2021 on the subject of "Resolution of Financial Dispute and Whistleblower".
  6. 【Speech】Lexcel Partners, together with Institute of Law for Science and Technology, National Tsing Hua University, Hong Kong Family Office Association, and Corporate Operation Association, held the “Asia Family Office Forum” on 1 October 2021 at the Meridian Hotel Taipei.  Mike Lu of Lexcel Partners gave an opening speech and held one of the panel discussions.
  7. 【Speech】Mike Lu was invited to deliver a speech on September 15, 2021 on the subject of "Liabilities of Responsible Persons, Whistleblower and FSC’s Recent ESG Advocacy".
  8. 【Speech】Rady Lee was invited by the Taipei Awakening Association to deliver a speech on the subject of "Protection of Women's Rights in Marriage" on August 17, 2021.
  9. 【Speech】Stacy Lo, Angela Lin and Lily Huang were invited by the industry to deliver a speech on the subject of "Personal Data Protection Act" on June 25, 2021.
  10. 【Speech】 David Tsai and Paul Hsu were invited by the industry to deliver a speech on the subject of "Evidence Preparation and Matters Needing to Be Noted for Dispute Resolution Commonly Seen in Construction" on May 10, 2021.
  11. 【Speech】Mike Lu and Eliza Lee were invited to deliver a speech on the subject of "Frequently Seen Non-compliance Issues of SITE/SICE" on April 29, 2021.
  12. 【Speech】Alex Li was invited by the Taipei Awakening Association to deliver a speech on the subject of "No Worries for Attending Courts – Dispute Resolution in Practice" on April 27, 2021.
  13. 【Speech】Lily Huang was invited by the Taipei Awakening Association to deliver a speech on the subject of "Frequently Seen Legal Issues on Inheritance and Will " on April 20, 2021.
  14. 【Award】Mike Lu has been enlisted as one of the top 100 lawyers in Taiwan for 2021 by Asia Business Law Journal.
  15. 【Speech】Rady Lee was invited by the Taipei Awakening Association to deliver a speech on the subject of "Protection of Women's Rights in Marriage" on April 13, 2021.
  16. 【Speech】Mike Lu, Rady Lee and Eliza Lee were invited by the National Development Council to deliver a speech on the subject of "Current Status and Development of Variable Interest Entity" on April 9, 2021.
  17. 【Speech】Stacy Lo was invited to deliver a speech on the subject of "Digital payment: Where we are and the roads ahead" on April 9, 2021.
  18. 【Speech】David Tsai, Cindy Chien and Alex Li attorneys at law were invited to deliver the speech on January 21, 2021 on the topics of "Gender Equality and Prevention from Sex Harassment", "Bully in Work Place and Online Speech" and "Civil and Criminal Liabilities for Wronging When Performing Duties".

2020

  1. 【Public Participation】Lexcel Partners hereby announces the winners of the award of the 2020 Subsidy:1. Zi-Wen Yeh 2. Cing-Yun Yeh 3. Lei-Sheng Chao 4. Pei-Ying Lin5. Ping-Hsuan Wang 6. Qi-Ting Yang 7. Yen-Chih Lin.
  2. 【Speech】Mike Lu invited Professor T.F. Chu of National Chenchi University to give a speech on December 18, 2020 on the topic of "Capital Reduction and Squeezing Out of Shareholders” at the Taipei Bar Association.
  3. 【Speech】Stacy Lo and Lily Huang were invited to deliver a speech on December 18, 2020 on the subject of "Personal Information Protection for the Financial Industry".
  4. 【Speech】Our firm hold seminars respectively on November 27, 2020 and December 4, 2020 on the relevant legal issues for entrepreneurs.  Rady Lee, Will Chen and Alex Li will make presentation on November 27, 2020 on the joint venture agreement, Company Act, tax laws and labor laws related issues; and Lily Huang, Bella Chiu and Huaili Lu will make on December 4, 2020 on the intellectual property laws and privacy law related issues.
  5. 【Speech】Our firm hold a seminar on November 16, 2020 with Crowell & Moring LLP on the subject of  "Opportunities and Challenges of Taiwan Companies under the Trade War". Stacy Lo and Kang-Shen Liu will present on Taiwan control measures for cross-border investments, determination of country of origin under the trade war and possible impact of Hong Kong National Security Law. Robert A. Burton, Evan Y. Chuck and David R. Stepp are invited to present on US government contracting regulations and China export restrictions. Associate Research Fellow Chien-Huei Wu of Institute of European and American Studies, Academia Sinica and Associate Professor Ching-Fu Lin of Institute of Law for Science and Technology, NTHU are invited to present and comment on the above issues.
  6. 【Speech】Mike Lu and Jeffrey Liu were invited by HKIFA to deliver a speech on November 3, 2020 on the subject of "2020 Regulatory Development for Fund Market in Taiwan".
  7. 【Speech】David Tsai, Rady Lee and Cindy Chien were invited to deliver a speech on on October 16, 2020 on the subject of "Corresponding to Personal Information Protection Act" and "Gender Equality and Prevention from Sex Harassment".
  8. 【Speech】David Tsai hosted the Labor and Employment Law Committee of Taipei Bar Association on October 12, 2020 to invite Dr. Li Nien-Wei of National Taiwan University Hospital to give a speech on the topic of “The Clinical Practice on Identification of Impairment of Labor Capacity”.
  9. 【Speech】Stacy Lo, David Tsai, Rady Lee and Alex Li were invited by Hsinchu Science Park Bureau to deliver a speech on October 6, 2020 on the subject of "Representative cases and legal trend of M&A" and "Renovation of Commercial Dispute Resolution".
  10. 【Speech】Mike Lu was invited to deliver a speech on September 23, 2020 on the subject of "Insider Trading, Whistle Blower, and Latest Corporate Legal Dispute".
  11. 【Speech】Stacy Lo and Lily Huang were invited by the Hsinchu Science Park Bureau to deliver a speech on September 17, 2020 on the subject of "Introduction of Personal Information Protection Act and Related Issues".
  12. 【Speech】Mike Lu and Eliza Lee were invited to deliver a speech to the financial sector on September 9, 2020 on the subject of "Non-SIT Funds and Recent Movement of Financial Supervision".
  13. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on 19 August, 2020 to invite Yueh-Ping (Alex) YANG of College of Law at National Taiwan University to give a speech on the subject of “Influence on Corporate Governance and M&A Legal Frame Work by Development of Government in Financial Sector”.
  14. 【Public Events】Mike Lu of Lexcel Partners hosted a movie appreciation event for the Corporate Governance and Merger Committee of Taipei Bar Association on 11 August, 2020.
  15. 【Speech】Mike Lu was invited by the client to give a speech on the subject of “The Latest Financial Regulatory Update” on July 30, 2020.
  16. 【Speech】Echo Yeh of this firm is invited by the client to introduce and share the relevant information related to NGOs on July 29, 2020.
  17. 【Speech】Mike Lu, Echo Yeh and Aaron Lai were invited to deliver a speech on July 28, 2020 to the financial sector on the subject of "AML/CFT of Financial Sector and Recent Movement of Financial Supervision".
  18. 【Public Participation】Echo Yeh and Stacy Lo were invited by the Financial Supervisory Commission to participate in the "FinTech Development Forum" on 15 July 2020, to provide advice and suggestions on the FinTech development and use of personal information. 
  19. 【Speech】Stacy Lo and Lily Huang were invited to deliver a speech on July 6 and July 23, 2020 respectively on the subject of "Introduction of Personal Information Protection Act and Related Issues".
  20. 【Speech】David Tsai, Kang-Shen Liu and Alex Li were invited by Importers and Exporters Association of Taipei to deliver a speech on July 7, 2020 respectively on the subject of "Labor Incidence Act in practice ".
  21. 【Speech】David Tsai, Kang-Shen Liu and Alex Li were invited to deliver a speech on July 6, 2020 respectively on the subject of "Labor Incidence Act in practice ".
  22. 【Speech】The English webinar on the topic of " Regulatory Trend in Taiwan " was presented by Echo Yeh, Stacy Lo and Hsiyen Hsu on June 4, 2020.
  23. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on June 3, 2020 to invite  the judge of the High Court, to give a speech on the “Introduction of Draft Act for Judicial Commercial Matters”.
  24. 【Publication】David Tsai and Alex Li were invited by the Angle Accounting Magazine to write an article of "The Tradition-Renovating Labor Incident Act: New Era for Labor Dispute Resolution".
  25. 【Speech】Alex Li was invited by the Rotary Club of Taipei Baoan to deliver a speech of Labor Incident Act on 27 February.
  26. 【Public Participation】Mike Lu has been recognized and recommendated by the Taipei Bar Association as a qualified speaker for Educational Training of Corporate Governance for Director/Supervisor of Listed Companies. 
  27. 【Public Participation】Stacy Lo and Angela Lin provided legal analysis on the survey of World Bank's Doing Business in Taiwan for over 6 years.
  28. 【Announcement】Angela Lin was announced on January 1, 2020 as a junior partner.

2019

  1. Public ParticipationLexcel Partners hereby announces the winners of the award of the 2019 scholarship:I. Scholarship: 1. Tzu-Hsuan Chen 2. Kai-Hsiang Hsu II. Subsidy Award:1. Yu-Fang Chou 2. Chien-Hao Tseng 3. Liang-Syuan Wu
  2. 【Speech】The english webinar on the topic of "Regulatory Changes to Labor Law in Taiwan" was presented by Echo Yeh, Naiju Kuan and Aaron Lai on December 12, 2019.
  3. 【Speech】Stacy Lo and Lily Huang were invited to deliver a speech on December 11 and 12, 2019 respectively on the subject of "Introduction of Personal Information Protection Act and Related Issues".
  4. 【Speech】Mike Lu and Jeffrey Liu were invited by HKIFA to deliver a speech on November 27, 2019 on the subject of "2019 latest regulatory development of the Taiwan fund market".
  5. 【Speech】Hsiyen Hsu, Will Chen and Mindy Liao were invited by School of Law, Soochow University to share their experience under the subject of "Career Planning" on November 13, 2019. 
  6. 【Speech】Echo Yeh and Rady Lee are invited by NTU international business and Chunghwa Negotiation Management Society to deliver a speech on November 2, 2019 on the subject of "Strategy and Trend of Merger and Acquisition".
  7. 【Publication】Mike Lu was interviewed by the Dissent Journal on the subject of “Establishing a Sound Legal Industrial Policy” published on 15 October 2019.
  8. 【Speech】Shih-Jung Lee and Paul Hsu were invited by the Agicultural Bank of Taiwan to deliver a series of speeches on the subject of "Deposit and Remittance Practice and Personal Data Protection Act" from October 7, 2019.
  9. 【Speech】David Tsai was invited by the School of Law, Soochow University to deliver a speech on the subject of "Preparation of National Examination and Attorney Career ".
  10. 【Public Participation】The 2019 Scholarship and Financial Aid for Law Students of Lexcel Partners is now open for application from October 1 to October 31.
  11. 【Speech】Jeffrey Liu was invited by the Securities and Futures Institute to deliver a speech on the subject of "Impact of MiFID II on Asset Management Industry" on August 24, 2019.
  12. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on August 23, 2019 to invite Mr. Morris Tu to give a speech on Enhancing Management for Legal Affairs Through Scientific Technologies.
  13. 【Speech】Stacy Lo and David Tasi were invited to deliver a speech on the subject of "What you should know for signing agreements" on August 16, 2019.
  14. 【Public Events】Mike Lu hosted a movie appreciation event of Corporate Governance and Merger Committee of Taipei Bar Association on August 9, 2019.
  15. 【Speech】Mike Lu, Caitlyn Kao and Eliza Lee were invited to deliver a speech on the subject of "Application and Practice for Personal Data Protection Act by Financial Industry" on August 6, 2019.
  16. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on August 6, 2019 to invite Prof. Kuan-Chun Chang of College of Law at NCCU to give a speech on "Legal Liability and Risk Management of AI."
  17. 【Public Participation】Lexcel Partners was engaged by the Importers and Exporters Association of Taipei to serve as an industry consultant of the "Joint Service Center for Importers and Exporters" to assist traders in resolving trade disputes and other related issues
  18. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on June 26, 2019 to invite Prof. Wen-Yeu Wang of College of Law at NTU to give a speech on "Exploring Foundation of Economic and Organizations"
  19. 【Speech】Jeffrey Liu and Rady Lee were invited to deliver a speech on June 17 and 18 of 2019 on the subject of "Principle of Fair Treatment to Clients with financial service providers"
  20. 【Publication】Mike Lu and David Tsai published the article of "Legal Nature of Payment to Director and Supervisor " on Angle Accounting Magazine in February, 2019.
  21. 【Speech】Stacy Lo, Jeffrey Liu and Rady Lee were invited by the Taiwan Financial Services Roundtable on January 19, 2019 to deliver a speech on the subject of "Understand the Most Recent Amendment to the Company Act in One Time".
  22. 【Speech】David Tsai and Paul Hsu were invited by the Rotary Club of Taipei Baoan to deliver a speech on January 3, 2019 on the subject of " Gender Equality and Prevention from Sex Harassment".

2018

  1. 【Speech】Jeffrey Liu and Mike Lu hosted the Corporate Governance and Merger Committee of Taipei Bar Association on December 25, 2018 and Professor Ting-Bing Wu of the Department of Finance in National Central University was invited to deliver a speech on the subject of "Legal Dispute of TRF".
  2. 【Speech】Mike Lu and Rady Lee were invited by the Legal Affairs Bureau of Taipei City Government to deliver a speech on December 21, 2018 on the subject of "Newly Amended Company Act and Case Studies".
  3. 【Public Events】Mike Lu hosted a movie appreciation event of Corporate Governance and Merger Committee of Taipei Bar Association for the movie on December 21, 2018.
  4. 【Speech】Mike Lu and Rady Lee were invited by Shih Hsin University to deliver a speech on November 30, 2018 on the subject of "Impact on Mergers and Acquisition by Amendment to the Company Act".
  5. 【Speech】Mike Lu hosted the Corporate Governance and Merger Committee of Taipei Bar Association on November28, 2018 and May Lee of the Director General of the Department of Commerce, Ministry of Economic Affairs ROC was invited to deliver a speech on the subject of "The Amendment to the Company Act".
  6. 【Speech】Kang-Shen Liu and Mike Lu hosted the Corporate Governance and Merger Committee of Taipei Bar Association on November 22, 2018, inviting commission member Ting-Dong Yan of Fair Trade Commission to deliver a speech on the subject of "Fair Trade Act Regulating the Vertical Trade Restrain".
  7. 【Speech】Mike Lu and David Tsai were invited by the Corporate Operation Association on November 12, 2018 to deliver a speech on the subject of "Understanding the Amendment to the Company Act at Once".
  8. 【Speech】Stacy Lo, Jeffrey Liu and Caitlyn Kao were invited to the Annual Conference on Finance in Singapore on November 2, 2018, and Stacy Lo was the attendee in the seminars of Opportunities in ASEAN Markets.
  9. 【Speech】Sue Su was invited to deliver a speech on the topic of "Legal Issues in Respect of Cross Border Mergers and Acquisitions” on November 2, 2018, at the class “Technology and Law” of the EMBA program of National Tsing Hua University.
  10. 【Public Participation】The 2018 Scholarship and Financial Aid for Law Students of Lexcel Partners is now open for application from October 1 to October 31.  
  11. 【Speech】Echo Yeh, Stacy Lo and Jack Tai delivered a speech on the subject "Amendment to the Company Act" on September 17, 2018.
  12. 【Speech】Stacy Lo and Jeffrey Liu were invited by Securities and Futures Institute to deliver a speech on the subject of "The Impact of MiFID II on Asset Management Industry" on September 12, 2018.
  13. 【Speech】Kang-Shen Liu, Chenchi Wang and Naiju Kuan delivered a speech on the subject "Matrimonial Property Regimes" on September 6, 2018.
  14. 【Speech】Mike Lu, Susan Chen and Rady Lee were invited to deliver a speech on August 31, 2018 on the subject of "Fair Treatment Principle and Latest Financial Laws and Regulations".
  15. 【Speech】Echo Yeh, David Tsai and Aaron Lai were invited by the client on August 30, 2018 to deliver a speech on the subject "Recent Regulatory Changes in Taiwan".
  16. 【Speech】Stacy Lo and Aaron Lai delivered a speech on the subject "Amendment to the Company Act" on August 28, 2018.
  17. 【Speech】Mike Lu was invited by the Corporate Operation Association to deliver a speech on August 27, 2018 on the subject of "Understanding Amendment to the Company Act Easily".
  18. 【Speech】Stacy Lo and Angela Lin delivered a speech on the subject "Amendment to the Company Act" on August 22, 2018.
  19. 【Speech】Mike Lu and Rady Lee were invited by the PMLBA Program, National Taiwan University to deliver a speech on August 11, 2018 on the subject of "Nutshell of 2018 Amendment to the Company Act".
  20. 【Speech】Mike Lu and Kang-Shen Liu hosted the Corporate Governance and Merger Committee of Taipei Bar Association on August 1, 2018 and May Lee, the Director General of the Department of Commerce, Ministry of Economic Affairs ROC, was invited to deliver a speech on the subject of "Comments on Recent Amendment to the Company Act".
  21. 【Speech】Mike Lu and David Tsai hosted the Corporate Governance and Merger Committee of Taipei Bar Association on July 21, 2018 and Hou-Wei Wang, the Director of Department of Labor Relations, Ministry of Labor, was invited to deliver a speech on the subject of "Movement of Labor Relations in Business and Promotion of Labor Policies".
  22. 【Speech】Mike Lu and Caitlyn Kao were invited to deliver a speech on June 12, 2018 on the subject "Reform and Trends of Financial and Corporate Related Laws".
  23. 【Speech】David Tsai was invited by the School of Law, Soochow University to deliver a speech on the subject of "Difficulties and Achievements of Practicing as an Attorney".
  24. 【Speech】Mike Lu was invited by the HKIFA to deliver a speech on May 16, 2018 on the subject of "The Latest Development of Financial Market in Taiwan and Regulatory Update".
  25. 【Speech】Chenchi Wang was invited by the Taichung Bar Association to share his experience in handling the RCA case and lead the group discussion for the law camp composed of Department of Law, Chung-Cheng University, Department of Financial and Economic Law, Feng Chia University, Department of Law, Chung Hsing University and Graduate School of Science and Technology Law, National Yunlin University of Science and Technology on May 5, 2018.
  26. 【Publication】Mike Lu published the article of "Finding Right Direction for Amendment to Company Act" on Ettoday on April 24, 2018.
  27. 【Speech】Mike Lu and Caitlyn Kao were invited to deliver a speech on April 23, 2018 on the subject "Business Scope of Asset Management and Practice".
  28. 【Speech】Mike Lu and Angela Chang were invited to delivered a speech on April 10, 2018 on the subject of "Introduction of Regulations on Financial Service Enterprise and Practice".
  29. 【Speech】David Tsai delivered a speech on the subject of "Corresponding to Personal Information Protection Act" and "Gender Equality and Prevention from Sex Harassment" on March 21, 2018.
  30. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on March 17, 2018 and Ms. S.W. Hu, Vice Professor of the Law School of National Taiwan University, was invited to deliver a speech on the subject of  "Regulations and Analysis on Legal Issues of Special Committee, Auditing Committee, and Review Committee for M&A".
  31. 【Speech】Sue Su, Echo Yeh and Mike Lu were invited to deliver a speech on February 27, 2018 on the subject of "Case Study on Hostile Takeover".
  32. 【Speech】Shih-Jung Lee delivered a speech on the subject of "Research and Practice on Compulsory Enforcement" on February 13, 2018.
  33. 【Speech】Echo Yeh, Mike Lu and Stacy Lo were invited to deliver a speech on January 26, 2018 on the subject of "Draft Amendments to Company Act".
  34. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on January 13, 2018 and Dr. Lin, Kuo-Chuan, Dr. Liu, L.Y., Professor of the Law School of National Chengchi University, and Dr. Lin, Geng-Schenq, Dean and Professor of the Law School of Tunghai University, were invited to deliver a speech on the subject of "Trends of and Coordination between Corporate Governance and Coordination of Labor Relationship Conflicts.

2017

  1. 【Speech】Echo Yeh and Mike Lu delivered a speech on the subject of "Regulatory Changes to Corporate Governance and AML/CFT" on December 26, 2017.
  2. 【Speech】Sue Su was invited to deliver a speech on the topic of “Strategy Alliance of Joint Venture, and Mergers and Acquisitions” on 27 October, 2016, for the “Technology and Law” seminar held by the EMBA program of National Tsing Hua University.
  3. 【Speech】David Tsai and Zachary Peng of Lexcel Partners were invited by the Taiwan Insurance Institute to deliver a speech on the topic of "Legal Liabilities Occurred from Dishonesty of Insurance Practitioners" on 19 October 2017.
  4. 【Speech】Shih-Jung Lee and Mark Chen were invited by the Agricultural Bank of Taiwan to deliver a speech on the topic of "Laws, Regulations and Practice of Money Laundering Prevention and Control" on 4 September 2017.
  5. 【Speech】Mike Lu was invited to deliver a speech on the topic of case study on mergers and acquisitions and amendments to the Company Act on 7 June 2016 for the course of "Laws of Mergers and Acquisitions" at School of Law, Shih Hsin University.
  6. 【Speech】Echo Yeh and Mike Lu delivered a speech on the topic of " Analysis and Study of Amendments to Company Act" for an onsite training of a client of Lexcel Partners on 1 June 2017.
  7. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on 3 June 2017 and invited Ms. Li Mei, Head of the Department of Commerce, Ministry of Economic Affairs, to give a speech on "Analysis and Study of Amendments to Company Act."
  8. 【Public Participation】David Tsai serves as a supervisor in the 28th Board of Supervisors of Taipei Bar Association.
  9. 【Speech】David Tsai and Chenchi Wang were invited by the Taiwan Insurance Institute to deliver a speech on the topic of "Tendency and Types of Emerging Financial Crimes" on 26 May 2017.
  10. 【Speech】Stacy Lo was invited by the Taiwan Insurance Institute to deliver a speech on "International Regulatory Laws and Standards" on 24 May 2017.
  11. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on April 8, 2017 which invited Mr. Kuan-Chun Chang of College of Law at NCCU (also the general manager of the Financial Ombudsman Institution) to give a speech on "Introduction to and Study of the Financial Consumer Protection Act and the Ombudsman Procedure."
  12. 【Public Participation】Mike Lu was invited to attend the public hearing for amendments to Company Act at the Legislative Yuan on 31 March 2017 and make a report of legislation opinions.
  13. 【Speech】Lawrence Liu, Chairperson of CDIB Venture Capital Corporation, was invited to deliver a speech on the topic of "Fortress America" for Lexcel Partners on 30 March 2017, which has been highly appreciated by the colleagues of Lexcel Partners.
  14. 【Speech】David Tsai was invited to deliver a speech on the topic of "Recent Amendments to Labor-Relevant Laws and Regulations (including One Fixed Day Off and One Flexible Rest Day) for Taipei Uptown Rotary Association.
  15. 【Speech】David Tsai is invited to deliver a speech on the topic of "Recent Amendments to Labor-Relevant Laws and Regulations (including One Fixed Day Off and One Flexible Rest Day) for Taipei Bao-an Rotary Association.
  16. 【Speech】Susan Chen was invited to deliver a speech on the topic of "Fair Dealing Policy for Financial Industry" for an onsite training of a client of Lexcel Partners on 13 February 2017.
  17. 【Publication】Mike Lu and Allen Lai published an article of "The Perspective of Current Situation and Concern of of Anti-money Laundering System by Taiwan Lawyers" in the Dissent Journal, Vol. 32, 2017.
  18. 【Speech】Mark Chen was invited by the Youth Career Development Association to deliver a speech on the topic of "Introduction to Labor and Health Insurance and Labor Standards Act for Entrepreneurs" on 10 January 2017.

2016

  1. 【Speech】Sue Su was invited to deliver a speech on the topic of “Strategy Alliance of Joint Venture, and Mergers and Acquisitions” on 14 October, 2016, for the “Technology and Law” seminar held by the EMBA program of National Tsing Hua University.
  2. 【Speech】Mike Lu and David Tsai were invited by the National Taipei University to deliver a speech on November 29 and December 6 respectively on the "Case Study in Corporate Mergers and Acquisitions" for the "Seminar of Cases and Procedure of Corporate Mergers and Acquisitions".
  3. 【Public Participation】Lexcel Partners sponsored Graduate Institute of Art History, National Taiwan University for the 2016 Seminars on Japanese Art.
  4. 【Public Participation】The 2016 Lexcel Scholarship and Financial Aid for Students is open for application from September 1 to October 15.  Applications are available for qualified law students of collage and graduate school which shall be postmarked by the deadline.  The regulations and application form are available at:
  5. 【Speech】Mike Lu hosted chair the Corporate Governance and Mergers and Acquisitions Committee of Taipei Bar Association on August 8, 2016 which invites Mr. Chien-Chung Lin of Institute of Technology Law at NCTU to give a speech on “Legal Analysis of Tender Offer.”
  6. 【Publication】“Corporate Acquisitions and Mergers in Taiwan” has now been published (Authors: Mike Lu, Echo Yeh, Sue Su, Jolene Wang, Stacy Lo, Jeffrey Liu, Kang-shen Liu, David Tsai, Susan Chen, and Ethan Su). 
  7. 【Speech】Mike Lu  hosted the Corporate Governance and Mergers and Acquisitions Committee together with Financial Securities and Future Law committee of the Taipei Bar Association on May 28, 2016 to invite Dr. Liu, L.Y., Professor of the Law School of National Chengchi University to give a speech on the topic related Hostile Takeover.
  8. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee of the Taipei Bar Association on April 30, 2016 and invite Dr. Shao, C.P., Professor of the Law School of National Taiwan University, to give a speech on the topic of "Legal Issues and Practical Disputes on Resolution of Shareholders' Meetings."
  9. 【Speech】Mike Lu was invited by the Law School of National Taiwan University on April 15, 2016 as a keynote speaker at the seminar for the project of "Legal Research of Strengthening Protection of Minority Shareholders".
  10. 【Public Participation】Mike Lu was appointed by the Department of Commerce, MOEA as a committee member of the "2016 Commerce and Service Industry Momentum Enhancement Project".

2015

  1. 【Speech】Mike Lu chaired the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on January 23, 2016 to invite Doctor Chu to give a speech on the topic of "Legal Analysis of Closely Held Corporation ".
  2. 【Public Participation】Lexcel partners hereby announces the winners of the award of the 2015 scholarship:(I). Scholarship: 1. Ching-Wen Chang 2. Li-Xian Kang. (II). Subsidy:1. Chi-Fong Hsieh 2. Sheng-Ting Cheng 3. Tsung-Kai Lee
  3. 【Speech】Mike Lu was invited to give a speech on the topic of "Amendment to Enterprise Mergers and Acquisitions Act and Case Study" at Shih Hsin University on December 8, 2015.
  4. 【Public Participation】Chenchi Wang of Lexcel Partners participated in a pro-bono lawyer team led and organized by the Legal Aid Foundation, Taipei Branch, to represent former RCA's workers for seeking compensation for occupational damage against RCA and its parent companies.  The court of the first instance made a judgment in April, 2015 in favor of former RCA's workers and Mr. Wang was awarded as 2015 Outstanding Pro-Bono Lawyers by the Taiwan Bar Association.
  5. 【Speech】On July 8, 2015, David Tsai and Mark Chen of Lexcel Partners and counselor Jolene Wang made a presentation of the topics of shares subscription by employees, shares trust and reward schemes at the workshop "Reward Scheme for Director/Supervisor, Manager and Employee" held at Chinese National Federation of Industries.
  6. 【Speech】At a career workshop held by the Law School of National Taiwan University on May 26, 2015, Stacy Lo and Angela Chang of Lexcel Partners shared with students their experiences in the pursuit of a career in law.
  7. 【Speech】At a career workshop held by the Law School of National Taipei University on May 20, 2015, David Tsai and Fred Tseng of Lexcel Partners  shared with students their experiences in the pursuit of a career in law.
  8. 【Speech】On May 9, 2015, Mike Lu hosted a training workshop for instructors on the topic of "Advanced Education for Directors and Supervisors of Companies Listed in the Taiwan Stock Exchange and GreTai Securities Market" held by the Corporate Governance and Business Mergers and Acquisition Committee, Securities and Futures Law Committee, and Commercial Law Committee of the Taipei Bar Association.
  9. 【Speech】On April 28 and May 4, 2015, David Tsai and Mark Chen and counselor Jolene Wang gave two presentations on the topics of shares subscription by employees, shares trust and reward schemes at the workshop "Reward Scheme for Director/Supervisor, Manager and Employee" held at NanKang Biotech Incubation Center SMEA.
  10. 【Speech】On April 14, 2015, David Tsai and Mark Chen made a presentation of the topics of shares subscription by employees, shares trust and reward schemes at the workshop "Reward Scheme for Director/Supervisor, Manager and Employee" held by the Allied Association for Science Park Industries.  Their speeches received enthusiastic response from the participating company representatives.
  11. 【Speech】Importers and Exporters Association of Taipei invited Sue Su, Kang-Shen Liu and Robin Huang of Lexcel Partners to lecture on "The Latest Fair Trade Act and Responses" on March 16, 2015. 
  12. 【New Book Publication】The book "Reward Scheme for Director/Supervisor, Manager and Employee" has published recently, the authors are David Tsai and Mark Chen.  This book can be purchased in various internet and physical bookstores including Angle Publishing Co., Ltd., Books.com Co., Ltd., San Min Book Co., Ltd., The Eslite Corporation, Chien Hong Publishing Co., Ltd., Tien Chiao Shih Books Co., Ltd. and Kinokuniya Bookstores of Taiwan Co., Ltd. etc.

2014

  1. 【Speech】Mike Lu was invited to give a speech on the topic of "Case Study of Mergers and Acquisitions" at Shih Hsin University on December 9, 2014.
  2. 【Public Participation】Lexcel partners hereby announces the winners of the award of the 2014 scholarship:(I)Scholarship:1. Wan-Ting Huang 2. Mu-Ning Wang (II)Subsidy Award:1. Yuan-Chieh Chang 2. Jung-Yu Liu 3. Derek Tsai (III)Additional Subsidy Award:1. Qiao-Yin Teng 2. Rui-Ting Chen 3.Mei-Hui Chou
  3. 【Speech】David Tsai was invited by the Law School of Soochow University on December 3, 2014 to speak on the topic of the career arrangement planning of law school students.
  4. 【Publication】Richard Hsu’s co-authored article “The Advantages of Japanese Companies’ IPO in Taiwan” was accepted by and published on the November 2014 issue of “The Lawyers”
  5. 【Public Participation】Lexcel Partners participate in the Sponsorship for the 2014 public senior high school first semester poverty scholarship held by Twilight Elite Development Association R.O.C.("Twilight"). Twilight is an association provides miscellaneous subsidies to senior high school students from disadvantaged families. For more information of Twilight, please refer to the following website: http://www.twilight.org.tw/
  6. 【Speech】David Tsai was invited by the Taiwan Association of University Professors ("TAUP") on October 25, 2014 to attend the seminar to discuss the prosecutor image from Japanese drama "HERO"
  7. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on November 8, 2014 to invite Mr. Yu, R.D., Director General of Department of Commerce of the Ministry of Economic Affairs to give a speech on the topic of "Analysis of Draft Limited Partners Act."
  8. 【Public Participation】Lexcel Partners herby announces the award of the 2014 modern poetry contest (the recipients' order with the same ranking is determined according to the number of strokes in the traditional characters of their names in Chinese ):First prize: prize not awarded. Second prize: How could it be called safe period without loyalty (by Yi-Syuan Bai, National Chi Nan University)/ A burning cigarette (by Zhu-Rong Wu, Providence University). Third prize: The Nile has ever flowed from east to west (by Cheng-Yi Lin, National Taipei University). Honorable mention: Understanding afternoon (by Sheng-Chih Zhu, National Taiwan Normal University) / Rope (by Yu-Lan Chen, National Taipei University of Education) / Monster (by Ting-Yu Liu, National Taiwan Normal University). Lexcel partners will contact the recipients respectively and arrange award ceremony.
  9. 【Speech】Stacy Lo was invited by Chinese Taipei APEC Study Center to provide a speech of "Current use of local and offshore documents in judicial practice – comments on the possible law amendment for adopting Hague Apostille Convention" in the seminar of "International practice of Hague Apostille Convention and the response of Taiwan" held on June 28, 2014.
  10. 【Speech】Mike Lu hosted at the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on July 21, 2014, which invited Mr. Yu, R.D., Director General of Department of Commerce of the Ministry of Economic Affairs to give a speech on the topic of "Analysis of Draft Amendment to the Company Act."
  11. 【Speech】Jeffrey Liu was invited by the Asia Securities Industry & Financial Markets Association ("ASIFMA") to the 1st Annual Symposium on EU-Asia Relations in Financial Services held in Singapore during June 18, 2014 to June 20, 2014 to exchange opinions with attendees from Asia and Europe with respect to various topics such as extraterritoriality effects of EU derivatives regulations and coordination of asset management regulation in Asian countries.
  12. 【Public Participation】Members of Lawyers Training Program on first stage of the 22th phase have visited Lexcel partners on May 16, 2014 and May 21, 2014
  13. 【Public Participation】David Tsai was re-elected by the Taipei Bar Association to act as the Deputy of Secretary General.
  14. 【Public Participation】Shih-Jung Lee was elected to act as the director of Taipei Bar Association for the 27th term.
  15. 【Speech】Mike Lu of Lexcel Partners was invited to give a speech on the topic of "Case Study of Enterprises Mergers and Acquisitions" at the Law School of National Taipei Unuiversity.
  16. 【Speech】David Tsai of Lexcel Partners was invited by the National Taipei University on April 7, 2014 to provide a lecture of the topic "Analysis of the Labor Issues under the M&A Activities."
  17. 【Public Participation】Lexcel partners sponsors genesis social welfare foundation for the activity "the 24th Grand Banquet for the Disadvantaged—Annual Celebration for the Underprivileged, Vagrants, Solitary Elders and Single Mothers."
  18. 【Public Participation】Lexcel partners hereby announces the winners of the award of the 2013 scholarship: (I)Scholarship:1. Chien-Chih Lu 2. Sonia YeaShou Chen (II)Subsidy Award:1. Chih-Chieh Chan 2. Pei-Yu Hsu 3. Huan-Sheng Lai
  19. 【Speech】The Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, chaired by Mike Lu of Lexcel Partners, held a series of seminars for "Senior Officials of Listed/GTSM Traded Companies" in conjunction with Corporate Organization Association.
  20. 【Speech】Mike Lu hosted at the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on March 8, 2014, which invited Mr. Yu, R.D., Director General of Department of Commerce of the Ministry of Economic Affairs to give a speech on the topic of "Case Study and Analysis of Draft Amendment to the Mergers and Acquisitions Act."

2013

  1. 【Public Participation】As of September 2013, David Tsai and Derek Cheng, were invited to provide relevant experience of litigation proceedings to the participant in  the "Moot Court" held by the Law School of  SooChow University. 
  2. 【Speech】Mike Lu was invited to give a speech on the topic of "Case Study of Mergers and Acquisitions" at Shih Hsin University on November 29, 2013.
  3. 【Public Participation】Mike Lu, Stacy Lo and Angela Chang hosted the forum on the topic of "Forums of Jurists' Career Planning–Diverse Jurists' Images" in College of Law of Nation Taiwan University School on November 20, 2013
  4. 【Public Participation】David Tsai was invited by Soochow University on November 19, 2013 for the seminar of the topic "Career Plan for the Law School Students."
  5. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on July 20, 2013, in which the assistant professor of College of Law, Shih Hsin University, Dr. Charlotte Hu is invited to address a speech on the topic of "Recent Developments on the Corporate Governance Related Laws and Court Decisions."
  6. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on June 22, 2013, in which the associate professor of College of Law, National Taiwan University, Dr. Ching-Ping Shao is invited to address a speech on the topic of "Interactions between the Company Law and the Securities and Futures Act - Examples from the Recent Court Decisions."
  7. 【Public Participation】Mike Lu, S.J. Lee and Jeffrey Liu attended the session with respect to "Forums of Jurists' Career Planning–Diverse Jurists' Images" held by the National Chengchi University on May 30, 2013. 
  8. 【Public Participation】Jeffrey Liu accompanied the Securities Investment Trust and Consulting Association to visit China Securities Regulatory Commission and State Administration of Foreign Exchange on April 17, 2013.
  9. 【Education and Training】Professor Jia-Ho Lin of Law School of NCCU was invited to give a speech on March 29, 2013 on the topic of "Analysis of labor laws/regulations related issue and amendment trend"
  10. 【Public Participation】Mike Lu, David Tsai and Joyce Chang was invited to the forum to held by National Taipei University on March 20, 2013 on the topic of "Serial Forums of Student Career – Dialogues between Typical and Atypical"
  11. 【Speech】Kang-shen Liu was invited by the Development Center for Biotechnology to address in a seminar dated on March 14, 2013 with the topic of "Enforcement Rules of the Personal Information Protection Act and How the Corporations to respond."
  12. 【Speech】Jeffery Liu was invited by the Financial Planning Association of Taiwan (FPAT) to address a speech on March 12, 2013 on the topic of " Enforcement of Personal Information Protection Act for the Financial Service Industry and Relevant Legal Liabilities."
  13. 【Public Participation】Lexcel partners hereby announces the award of the 2012 scholarship: A.Scholarship:(a)Tzu-Wei Lin (b)Li-Ling Chen B.Subsidy Award:(a)Agyness Jiang (b)Chan-Chil Chen (c)Shih-Ya Huang.
  14. 【Education and Training】Lexcel Partners invited professor Yu-Hsiung Lin on January 16, 2013 to give a speech on the topic of "System of Grand Court".
  15. 【Speech】David Tsai was invited by the Taipei Bar Association to hold the seminar of Second Generation of National Health Insurance on January 11, 2013.
  16. 【Education and Training】Lexcel Partners invited professor Ming-Yan Shieh on January 8, 2013 to give a speech on the topic of "A Study and Analysis on Relevant Issues of the Amended Patent Act and Discussion on Relevant Issues of Taiwan Intellectual Property Right Regime".

2012

  1. 【Speech】Mike Lu was invited by the Association for Research and Development of Corporate Organization, Taiwan on November 29, 2012 as a participating speaker at the speech of "Forum of Best Practice of Corporate In-house Lagel Compliance and Corporate Secretary".
  2. 【Research Projects】Lexcel Partners was engaged by the STICA to do research and provide a research report of "Research for Sales of Taiwan Mutual Funds in China Market".
  3. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on November 24, 2012, which inviting associate professor Te-Fang Chu to give a speech on the topic of "The Latest Development of Insider Trading".
  4. 【Public Participation】Members of Lawyers Training Program on fourth stage of the 20th phase have visited Lexcel partners on October 18, 2012
  5. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on October 13, 2012 which invites professor Jen-Guang Lin to give a speech on the topic of "Changing to Corporate Governance – Renovation after global financial turmoil".
  6. 【Speech】Mike Lu and Jeffery Liu were invited by the Securities and Futures Bureau of Financial Supervisory and Commission, R.O.C on August 16, 2012 to give a speech on the topic of "Influence of Foreign Account Tax Compliance Act (FATCA) on Asset Management Industry".
  7. 【Speech】Mike Lu was invited by the Taipei Bar Association on August 4, 2012 as a participating speaker at a speech on the topic of "Difficulties and Unfairness Treatment Faced by Lawyers Being Administrators, Liquidators, and Others".
  8. 【Speech】Mike Lu, Jeffery Liu and Sammi Lai were invited by the Securities Investment Trust and & Consulting Association of the R.O.C. on July 24, 2012 to give a speech on the topic of "Way to deal with the Personal Data Protection Law (PDPA) Enforcement Rules by Financial Industries".
  9. 【Public Participation】David Tsai was appointed as the Deputy Secretary General of the Taipei Bar Association.
  10. 【Public Participation】Members of Lawyers Training Program on second stage of the 20th phase have visited Lexcel partners on July 12, 2012
  11. 【Public Participation】Members of Lawyers Training Program on first stage of the 20th phase have visited Lexcel partners on June 5, 2012
  12. 【Public Participation】Lexcel partners hereby announces the winners of the award of the 2011 scholarship: (I) Scholarship: Yu-Lan Chen (II)Subsidy Award:1. Ya-Hsiu Lin 2. Lin-Gen Fang 3. Jhih-Yu Li.
  13. 【Speech】Mike Lu hosted the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, on April 7, 2012, in which the associate professor of College of Law, National Chengchi University, Dr. Kuo-Chuan Lin is invited to address a speech on the topic of " Analysis of Financial Consumer Protection Act."

2011

  1. 【Public Participation】David Tsai was appointed as the Taipei Bar Association to act as the Deputy of Secretary General.
  2. 【Speech】Kang-Shen Liu and Echo Yeh were invited by the Taiwan Security Association to give a speech on the topic of "Personal Data Protection Act (PDPA) and the Enforcement Rules".
  3. 【Public Participation】Mike Lu was appointed as the Committee Chairperson of the Corporate Governance and Mergers and Acquisitions Committee, Taipei Bar Association, 
  4. 【Public Participation】Shih-Jung Lee was appointed as the Secretary General of the Taipei Bar Association.

Lexgroup Newsletter (Issue No. 439)
2024-05-07    
 
Climate Change
 
1.     Draft "Regulations Governing the Collection of Carbon Fees", "Regulations for Administration of Voluntary Reduction Plans" and "Designated Greenhouse Gas Reduction Goal for Entities Subject to Carbon Fees"
 
On 29 April 2024, the Ministry of Environment announced the draft "Regulations Governing the Collection of Carbon Fees", "Regulations for Administration of Voluntary Reduction Plans" and "Designated Greenhouse Gas Reduction Goal for Entities Subject to Carbon Fees" for public consultation.  The consultation period is 60 days.  We summarize below:
 
(1)      Regulations Governing the Collection of Carbon Fees
 
(a)      The carbon fees apply to the electricity enterprises and manufacturing industries complying with "Emission Sources Where Enterprises Shall Review, Register and Inspect Greenhouse Gas Emissions " requirements and whose combined annual greenhouse gas emissions from direct emissions and indirect emissions from electricity usage at the entire facility meet or exceed 25,000 metric tons of carbon dioxide equivalent;
 
(b)      Taking into account fair competition within the same industry, when calculating emissions to be charged, entities can in principle deduct the threshold of 25,000 metric tons of carbon dioxide equivalent;
 
(c)      Starting from the following year of the year where the carbon fee shall be collected, entities subject to carbon fees shall calculate the greenhouse gas emissions and fee amount of the previous years before the end of May and report to the platform of competent authority; and
 
(d)      The formula to calculate carbon fees is the charged emissions multiplied by the charging rate.
 
(2)      Regulations for Administration of Voluntary Reduction Plans and Designated Greenhouse Gas Reduction Goal for Entities Subject to Carbon Fees
 
(a)      Two types of voluntary reduction plans are established to encourage enterprises to reduce greenhouse gas emissions;
 
(b)      Enterprises achieving the plan can apply for applicable preferential rates; and
 
(c)      The central competent authority will annually audit the progress of the reduction plans, and enterprises shall submit progress reports by the end of April each year.  Those who fail to comply with the plan will be required to pay the difference between the regular and preferential rates.
 
Reported by: Stacy Lo/ Eden Hsieh
 
Food and Drug Administration
 
2.     Draft Act on Regenerative Medicine Treatments and Draft Act on Regenerative Medicinal Products
 
On 25 April 2024, the Executive Yuan passed the draft Act on Regenerative Medicine Treatments and the draft Act on Regenerative Medicinal Products.  We summarize below:
 
(1)        Draft Act on Regenerative Medicine Treatments
 
(a)      To ensure safe and effective treatment for patients: Medical institutions shall conduct and complete human trials before performing regenerative medicine treatments, except under certain stipulated circumstances (Articles 7 and 8).
 
(b)      To encourage the research and development of regenerative medicine: Central competent authorities can provide rewards or subsidies to promote the clinical applications of regenerative medicine (Article 10).
 
(c)      To clearly stipulate the scope of regenerative medicine treatments performed by medical institutions and the qualifications of practicing physicians: (a) regenerative medicine treatments can only be performed in medical institutions; (b) a medical institution must obtain an approval from the central competent authority before performingregenerative medical techniques or using regenerative medicinal products; (c) the physician who performs regenerative medicine treatments must be a physician specialized in a field related to the disease and have relevant knowledge of regenerative medicine (Articles 11-13).
 
(d)      To provides the standards that the institutions and personnels who perform cell manipulations must comply with: (a) a medical institutions can perform cell manipulations on its own or entrust a regenerative medicine / biotechnology company or another medical institution to perform cell manipulations; the aforementioned institution or entity that performs cell manipulation is exempted from obtaining a pharmaceutical manufacturing license under the Pharmaceutical Affairs Act; (b) some sets of regulations will be enacted for the methods, facilities, equipment, control measures, distribution of the cell manipulations, the qualifications, required trainings, inspections, license application conditions of operating personnel, and other matters (Article 14).
 
(e)      To stipulate the obligations in performing regenerative medicine treatments: (a) before a medical institution performs a regenerative medicine treatment, it must fully explain to the patient the regenerative medicine treatment to be performed, its risks, effects, and related rights and obligations involved; regenerative medicine treatments can only be performed with consent; (b) for regenerative medical techniques performed or regenerative medicinal products used by a medical institutions, the records must be made and kept for at least 15 years (Articles 15 and 16).
 
(f)       To manage and control the tissue and cell sources: an institution or entity that performs cell manipulations and a cell storage bank must determine the suitability of tissue and cell providers; some sets of regulations will be enacted for matters such as the establishment, quality management, and storage fee collection of cell storage banks (Articles 17-20).
 
(g)      Supervision and relief: To ensure the safety and quality of regenerative medicine treatments and safeguard the rights and interests of the public and patients, entities allowed to do recruitment advertisements for tissues or cells providers of regenerative medicinal products, advertisements for regenerative medicine treatments and advertising management regulations are stipulated; regulations regarding reports on results of performing regenerative medicine treatments, proactive notifications mechanisms, relief measures and other matters are stipulated; clearly stipulate under what conditions a medical institution will be suspended or terminated against performing regenerative medicine treatments  (Articles 21-27).
 
(2)      Draft Act on Regenerative Medicinal Products
 
(a)      Legislative purpose, competent authority, definition of regenerative medicinal products and their manufacturers and sellers, and classification of regenerative medicinal products are provided(Articles 1-5).
 
(b)      An application for registration must be filed with and a license must be obtained from the central competent authority before manufacturing or importing regenerative medicinal products; the license is valid for five years, an application for extension may be filed before expiration, and each extension shall not exceed five years. (Articles 6-8).
 
(c)      Considering the public’s rights and interests of early use of regenerative medicinal products, the central competent authority may, under certain circumstances, grant a business a license with additional conditions, which is valid for no more than five years and shall not be extended upon expiration; requirements on the additional conditions and the legal effects when the additional conditions are satisfied or not are stipulated (Articles 9 and 10).
 
(d)      It is stipulated that businesses that manufacture or import regenerative medicinal products must determine the suitability of human tissue and cell providers, and must obtain written consents from the providers; the required information should be contained in the written consent; the regulations regarding the advertisements for recruitment of such providers and regarding the manufacture, transportation and marketing of regenerative medicinal products by pharmaceutical businesses are provided (Articles 11-16).
 
(e)      To enhance the quality and safety of post-market regenerative medicinal products, it is stipulated that businesses must perform safety surveillance and keep data on supply sources and supply chain flows (Articles 17 and 18).
 
(f)       Reliefs applicable to drug injury from regenerative medicinal products are provided (Article 19).
 
(g)       Administrative penalties for violation of the Act are provided (Articles 20 and 21).
 
Reported by: Jolene Wang / Crick Liang
 
Labor
 
3.     Amendment to " Enforcement Rules of Employment Service Law"
 
On 17 April 2024, the Ministry of Labor (MOL) announced the amendment to the draft  "Enforcement Rules of Employment Service Law" (Rules) for public consultation.  We summarize below:
 
(1)      To delete the term of "disability identification" because of the replacement of the disability identification by the disability certification;
 
(2)      To align with the amendment to Paragraph 1, Article 23 of the Immigration Act, it is newly stipulated that the alien may apply with the National Immigration Agency for the residence, if: (1) his/her spouse with the nationality died; or (2) he/she was a spouse of the nationality with the household registration, and factually nurses, exercises rights and bears obligations against, or meets and communicates with minor children; and
 
(3)      To add the enactment date of the revised Rules on 1 January 2024.
 
Reported by : David Tsai/ Julia Kuo
 
4.     Draft Amendments to Enforcement Rules of the Labor Insurance Act
 
On 17 April 2024, the MOL announced the draft amendments to "Enforcement Rules of the Labor Insurance Act".  We summarize below:
 
(1)      To add the provision that an insurer may entrust a medical service institution or a professional institution or group to assist in reviewing insurance payment based on business requirements;
 
(2)      To add the provision that when the insured units are terminated due to division or transfer, the unpaid insurance premiums or late fees shall be assumed by the remaining, newly established or succeeding insured units;
 
(3)      To add the provision that during the period of temporary suspension of duties of the accused party for sexual harassment due to the employer's investigation, the insured unit shall not adjust the insurance salary;
 
(4)       To add the provision that the labor union adopting a mechanism for collecting insurance premiums in advance shall not continue to collect insurance premiums, provided that the accumulated months of unpaid insurance premiums are more than two months; and
 
(5)      To amend the provision on applying for the insurance payments pursuant to Article 62 of the Labor Insurance Act.
 
Reported by: David Tsai / Sean Tsai
 
Tax
 
5.     Regulation on the Determination and Report of the Number of Houses Used for Residential Purposes Provided by Article 5 and Item 9, Paragraph 1, Article 15 of the House Tax Act
 
On 22 April 2024, the Ministry of Finance (MOF) announced the Regulation on the Determination and Report of the Number of Houses Used for Residential Purposes Provided by Article 5 and Item 9, Paragraph 1, Article 15 of the House Tax Act.  We summarize below:
 
(1)      The total number of houses used for residential purposes held in the whole country shall be decided in accordance with the title deed of individual house; for those without first registration, the number shall be decided in accordance with the house number; for those without house number, the number shall be decided based on the independency of use;
 
(2)      It provides the criteria to decide the owner of the house, including the title owner, the person who has the right to use the house with superficies, Dien holder, administrator, etc;
 
(3)      It provides the types of houses which are not counted in the number of taxable houses, including the public house for residential use, qualified social housing and rental housing, workers dormitory, etc; and.
 
(4)      When a person owns more than 3 houses used for residential purposes in the whole country, he/she shall report to the tax authority to decide the houses which shall be exempted from house tax by 40 days before the collection of house tax for each period.
 
 Reported by: Paul Hsu
 
6.     Amendment to the Standards for the Recognition of Owner-Occupied Houses and of the Status of an Individual to Rent Premises for Public-Welfare Purposes
 
On 25 April 2024, the MOF announced the amendment to the Standards for the Recognition of Owner-Occupied Houses and of the Status of an Individual to Rent Premises for Public-Welfare Purposes, which provides that the "person who has the right to use the house with superficies" may apply for the tax rate for houses used for residential purpose by the owner, provided that the house shall not be used for business purpose, and such person, his/her spouse or direct descendant shall complete the household registration.
 
Reported by: Paul Hsu
 
Securities
 
7.     Commissioning the Taipei Exchange and Taiwan Stock Exchange Corporation to handle declarations and public disclosures in accordance with      "Regulations Governing the Declaration of Acquisition of Shares in Accordance with Article 43-1, Paragraph 1 of the Securities and Exchange Act"
 
On 10 April 2024, the Financial Supervisory Commission (FSC) announced commissioning the Taipei Exchange to handle declarations and public disclosures made by acquirers acquiring over-the-counter or emerging stock market shares, and the Taiwan Stock Exchange Corporation to handle declarations and public disclosures made by acquirers acquiring stock exchange market or unlisted shares in accordance with "Regulations Governing the Declaration of Acquisition of Shares in Accordance with Article 43-1, Paragraph 1 of the Securities and Exchange Act", which shall take effect on 10 May 2024.
 
Reported by: Stacy Lo/ Zoe Chen
 
8.     "Taiwan Stock Exchange Corporation Procedures for Handling Declarations and Public Disclosures in Accordance with Article 43-1, Paragraph 1 of the Securities and Exchange Act" and "Taipei Exchange Procedures for Handling Declarations and Public Disclosures in Accordance with Article 43-1, Paragraph 1 of the Securities and Exchange Act"
 
According to the commission of the FSC, on 15 April 2024, the Taiwan Stock Exchange Corporation announced the "Taiwan Stock Exchange Corporation Procedures for Handling Declarations and Public Disclosures in Accordance with Article 43-1, Paragraph 1 of the Securities and Exchange Act" and related registration form. The Taipei Exchange also announced the "Taipei Exchange Procedures for Handling Cases of Declarations and Public Disclosures in Accordance with Article 43-1, Paragraph 1 of the Securities and Exchange Act" on 17 April 2024.  The acquirers shall file a declaration, submit registration forms, and upload to Market Observation Post System, and declare to the Taiwan Stock Exchange Corporation or the Taipei Exchange accordingly.  The regulations shall take effect on 10 May 2024.
 
Reported by: Stacy Lo/ Zoe Chen
 
SITE/SICE
 
9.     Announcement of "Template of Trust Deed of Securities Investment Trust Funds"
 
On 16 April 2024, the Securities Investment Trust and Consulting Association (SITCA) issued a ruling to announce the "Template of Trust Deed of Securities Investment Trust Funds of Exchange-Traded Funds (ETFs) (including equity, leveraged/inverse, and bond ETF templates)" for the industry's reference.  The SITCA also reminded that if securities investment trust enterprises revise the prospectus for the section of "the base units for subscriptions and redemptions of the fund", it needs to report the relevant documents to the SITCA rather than the FSC.
 
Reported by: Jeffrey Liu / Winnie Su
 
Editors:
Mike Lu           (Partner)
Stacy Lo          (Partner)
Jeffrey Liu        (Partner)
Kang-Shen Liu    (Partner)
David Tsai        (Partner)
Angela Lin  (Partner)
Paul Hsu         (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

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Lexgroup Newsletter (Issue No. 438)
2024-04-22    
 
Order of the Ministry of Labor
 
1.     Amendment to Article 2 of the Enforcement Rules of Labor Standards Act"
 
On 27 March 2024, the Ministry of Labor announced the amendment to Article 2 of the Enforcement Rules of the Labor Standards Act so as to align with the name change from Act of Gender Equality in Employment to Gender Equality in Employment Act.
 
Reported by: David Tsai / Julia Kuo
 
Intellectual Property
 
2.     Announcement of implementation of the amendments to Trademark Act
 
On 29 March 2024, the Executive Yuan announced that the amendments to Trademark Act publicized on 24 May 2023 will come into effect as of 1 May 2024.  Please refer to Lexgroup Newsletter (Issue No. 416) for the key points of the amendments.
 
Reported by: Jolene Wang / Alex Miao
 
Fair Trade
 
3.     Amendments to "Principles of the Fair Trade Commission in Handling Cases of Warning Letters Issued by Enterprise for Violation of Copyrights, Trademarks or Patents"
 
On 29 March 2024, the Fair Trade Commission amended the "Principles of the Fair Trade Commission in Handling Cases of Warning Letters Issued by Enterprise for Violation of Copyrights, Trademarks or Patents."  We summarize amendments below.
 
(1)   Sending a warning letter in electronic form is included;
 
(2)   In terms of a utility model patent, a technical evaluation report for utility model patent should be submitted in addition to an examination report when sending a warning letter;
 
(3)   Technical evaluation report for a utility model patent is a must when notifying the manufacturer, importer or agent of a possible infringement of copyright, trademark or patent; and
 
(4)   Notwithstanding the foregoing, warning letters shall not restrict competition or involve unfair competition.
 
Reported by: Kang-Shen Liu / Julia Kuo
 
Trade
 
4.     Enactment of Disposal Directions for Handling Cases of Commodities for Export Not Marked with Country of Origin as Stipulated or Falsely Marked on Country of Origin
 
On 29 March 2024, the International Trade Administration of the Ministry of Economic Affairs announced to enact the "Disposal Directions for Handling Cases of Commodities for Export Not Marked with Country of Origin as Stipulated or Falsely Marked on Country of Origin", which stipulate that for the commodities manufactured in the Republic of China, there shall be no falsely marked country of origin or any information causing misconception of country of origin when export.  Additionally, the Disposal Directions set forth relevant handling procedures and other matters.
 
Reported by: Kang-Shen Liu / Sean Tsai
 
OFFSHORE FUNDS
 
5.     Amendment to the "Deep Rooting Incentive Plan"
 
On 3 April 2024, the Financial Supervisory Commission (FSC) announced the amendment to the "Deep Rooting Incentive Plan" and relevant parts in the Q&A of Regulations Governing Offshore Funds.  We summarize below:
 
(1)   Where an application is made for a recognition period of two years, different favorable treatments may be applied for the first and second year of the recognition period respectively now.
 
(2)   New evaluation indicators have been added, such as the average asset under management scale (excluding money market funds and exchange-traded funds) in the latest year, and the annual average amount of investment research team members (including fund managers, investment managers, and other investment researchers) over the past three years.
 
(3)   The acceleration of review period for introducing new offshore funds has been amended to the mechanism of “report for effective registration”; the permission of introducing new types of offshore funds has newly included multi-asset offshore funds as one of the permitted new types of offshore funds for favorable treatments as well.
 
(4)   The favorable treatment, which previously allowed a maximum of three funds from the same offshore fund institution per application by the master agent, will now be extended to bundle funds from more than one offshore fund institutions that have also adopted this favorable treatment together in the same application.
 
Reported by: Jeffrey Liu / Jason Su
 
Insurance
 
6.     Interpretation for the application of Article 146 of the Insurance Act regarding the utilization of funds by the insurance enterprise
 
On 9 April 2024, the FSC announced an interpretative ruling of, Subparagraph 8, Paragraph 1, Article 146 of the Insurance Act, replacing the former interpretative ruling.  According to the new interpretative ruling, in addition to the requirement of reaching a 200% own funds to risk funds ratio, the threshold for insurance enterprises to invest in real estate trusts beneficiary rights now also includes a requirement that the net worth ratio reaches 3% for at least one of the last two periods.
 
Reported by: David Tsai / Alex Li
 
7.     Draft Amendments to Regulations Governing Foreign Investments by Insurance Companies
 
On 15 April 2024, the FSC announced the draft amendment to the Regulations Governing Foreign Investments by Insurance Companies.  We summarize below:
 
(1)   To increase the foreign financing channels for the insurers to issue bonds that may strengthen the capital structure.
 
(2)   To amend and loosen the restrictions on the insurers’ investments in foreign currency-denominated privately offered funds raised by the domestic private equity fund management institutions that have obtained the qualification letter issued by the National Development Council.
 
(3)   Without increasing the threshold amount of foreign investments for the insurers to guide the insurers to strengthen the capital structure so as to complete the integration of the TW-ICS system and the accommodation measures of flexible asset allocation for the insurers are added.
 
Reported by: David Tsai / Sean Tsai
 
Editors:
Mike Lu               (Partner)
Stacy Lo             (Partner)
Jeffrey Liu          (Partner)
Kang-Shen Liu  (Partner)
David Tsai          (Partner)
Angela Lin         (Partner)
Paul Hsu            (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

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Lexgroup Newsletter (Issue No. 437)
2024-04-03    
 
Corporate
 
1.     Draft Amendments to "Regulations Governing Information to be Published in Annual Reports of Public Companies"
 
On 26 March 2024, the Financial Supervisory Commission (“FSC”) announced the draft amendment to the "Regulations Governing Information to be Published in Annual Reports of Public Companies".  We summarize below:
 
(1)      Certain required items are removed, provided that investors may still have access to the relevant information through channels such as the company's website, Market Observation Post System (MOPS), and financial reports.
 
(2)      For information already published on the MOPS, an index of where the information can be found may be disclosed  in the annual report in order to simplify the annual report.
 
(3)      To add that "Where the number of directors of either gender on the board of directors of a company listed on the Taiwan Stock Exchange (TWSE) or the Taipei Exchange (TPEx) is less than one-third, reasons shall be stated and measures to enhance gender diversity among directors shall be explained" in order to promote gender diversity among the boards of TWSE or TPEx listed companies.
 
Reported by: Mike Lu / Winnie Su
 
Securities
 
2.     Tripartite Agreement Template for Securities Investment Consulting Enterprises Utilizing Robo-Advisor to Entrust Securities Firm to Accept and Execute Automated Rebalancing Trades for Clients
 
On 13 March 2024, the Securities Investment Trust & Consulting Association announced the tripartite agreement template in response to the amendment to Article 37 of the Regulations Governing Securities Firms and Article 18 of the Regulations Governing Responsible Persons and Associated Persons of Securities Firms announced by the FSC on 6 March 2024, which stipulates terms and conditions for a securities firm to accept and execute the automated rebalancing order(s) placed by the securities investment consulting enterprises on behalf of its client(s).
 
Reported by: Jeffrey Liu / Amy Su
 
 
Labor
 
3.     Regulations Governing the Deduction and Payment of Supplementary Insurance Premium of the National Health Insurance
 
On March 20, 2024, the Ministry of Health and Welfare announced the amendment to Article 3, 4 and 12 of the Regulations Governing Deduction and Payment of the Supplementary Insurance Premium of the National Health Insurance.  The amendment provides that the definition of "salary income" in the "salary income outside of those from the group insurance applicant" subject to supplementary national health insurance premium under Article 31 of the National Health Insurance Act shall be changed from "salary income" under Category 3, Paragraph 1, Article 14 of the Income Tax Act to "salary earning" (i.e. the total amount of salary earning before deducting the special deduction for salary income) under the same catagroy.  The amendment increases the base for calculating the supplementary insurance premium .  The amendment has been come into effect upon announcement.
 
Reported by: David Tsai / Alex Li
 
Editors:
Mike Lu           (Partner)
Stacy Lo          (Partner)
Jeffrey Liu        (Partner)
Kang-Shen Liu    (Partner)
David Tsai        (Partner)
Angela Lin        (Partner)
Paul Hsu         (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

http://www.ntcma.org.tw/userprofile.asp ̨0.5s TȲ Ͳ http://yumi-girls.org/xinzhuyuanjiao ̨ϽA·Ħ ǰĦ ҈@С ̨Ԯ http://ulife-village.org.tw/search.asp http://geo.giraffe.com.tw/Global.asp ̨ϲӍ http://healthynews.com.tw/function.php http://yumi-girls.org/xinzhuyuanjiao http://www.ljg.com.tw/trackback.php

Lexgroup Newsletter (Issue No. 436)
2024-03-22    
 
Labor
 
1.     Amendment to Regulations of Sexual Harassment Prevention
 
On 6 March 2024, the Ministry of Health and Welfare announced the amendment to the Regulations of Sexual Harassment Prevention.  We summarize below:
 
(1)     To provide the types of sexual harassment, which include the harassing language, behavior, pursuit, and peeking, etc.
 
(2)     To provide that the government agencies (entities), military units, school, institutions, or employers shall review periodically the overall safety of space and facilities of public space.
 
(3)     To provide the measures that the entities may adopt when being aware of the sexual harassment incident happening in their public space.
 
(4)     To provide the contents of trainings that the entitles shall provide to the employers and management personnel.
 
Reported by: David Tsai / Paul Hsu
 
2.     Amendment to Enforcement Rules of the Sexual Harassment Prevention Act
 
On 6 March 2024, the Ministry of Health and Welfare announced the amendment to the Enforcement Rules of the Sexual Harassment Prevention Act.  We summarize below:
 
(1)    When receiving the sexual harassment incident which shall be subject to the Gender Equity Education Act or Gender Equity in Employment Act, the recipient unit shall transfer the case to the competent authority and inform the parties within 20 days.
 
(2)    To provide the unjust differentiated treatments that the entities shall not adopt against the persons who attend the sexual harassment investigation, which include the termination, demotion, decrease in salary or impairment to their statutory rights and interests without justifiable reasons.
 
(3)    To provide the matters to be stated in the complaint letter of sexual harassment and the regulations of correction.
 
(4)    To provide the matters to which are recommended to be stated in the investigation report and the suggestions to address the case
 
Reported by: David Tsai / Paul Hsu
 
Electronic Signature
 
3.     Draft Amendment to Electronic Signatures Act
 
The Executive Yuan passed the draft amendments to the Electronic Signatures Act ("Act") on 29 February 2024.  We summarize below:
 
(1)    To specify that digital signature is a type of electronic signature.
 
(2)    To specify that the legal effect of electronic record and electronic signature cannot be denied solely because of their electronic form.
 
(3)    Unless the counterparty consents to the use of electronic form, the counterparty shall be given an opportunity to refuse before using electronic form, and be notified that it is presumed consent if not refused.
 
(4)    The digital signature issued by the government permitted certification service provider is presumed being personally signed.
 
(5)    The administrative authority can only exclude the application of this Act through the laws, and the announcement of excluding the application of the Act made by the government agency prior to its amendment shall cease to take effect three (3) years after the implementation of this amendment.
 
(6)    The matters to be considered for the competent authority to permit foreign certification service provider includes technical docking cooperation in addition to the principles of reciprocity under equivalent security requirements.
 
Reported by: Stacy Lo / Zoe Chen
 
M&A
 
4.     Ruling related to Paragraph 14, Article 27 of Merger and Acquisition Act
 
On 8 March 2024, the Financial Supervisory Commission (FSC) issued a ruling that for the purpose of merger and acquisition to acquire the shares of a public company for more than 10% of the total issued and outstanding shares of the company, in terms of the items to be declared by the acquiror for share acquisition, from 10 May 2024, the declaration forms related to the "Regulations Governing the Declaration of Acquisition of Shares in Accordance with Article 43-1, Paragraph 1 of the Securities and Exchange Act" applied mutatis mutandis under the current ruling shall no longer be applicable..
 
Reported by: Angela Lin
 
Banking
 
5.     Approval Period for Banks providing Financial Products and Services Applicable to High-Asset Customers
 
On 7 March 2024, the FSC issued a press release to explain the approval period for banks providing financial products and services applicable to high-asset customers.  Currently, if the banks are approved for continuing the business for the first time, the approval letter still specifies that the approval period shall be three years, and therefore the banks shall apply for continuing the business for the second time before the approval period expires.  Considering that the banks will be conducting such business for more than five and a half year when applying for continuing the business for the second time and accumulating enough experience, FSC will ease the approval period of the second time, which means that there will be no need for the banks to apply for continuing the business afterwards.
 
Reported by: Stacy Lo / Henry Ku
 
Trusts
 
6.     Amendment to Principles for Trust Industry to Conduct Telemarketing
 
On 11 March 2024, the Trust Business Association of the Republic of China announced the amendment to the "Principles for Trust Industry to Conduct Telemarketing".  We summarize below:
 
(1)    To add that, when engaging in telemarketing, the trust industry shall comply with the Personal Data Protection Act, financial industry related laws and regulations, and the regulations of the competent authorities.
 
(2)    To specify that, the trust industry shall "take the initiative" in informing the call recipient of the matters that the trust industry shall inform of, and to add that if it is the first time that the trust industry makes a call to the call recipient, the trust industry shall first explain to the call recipient the source of the telephone number from which it has obtained the telephone number, so as to facilitate the call recipient's understanding of the matter.
 
(3)    When conducting telemarketing calls, the trust industry shall ask the recipient whether he/she accepts telemarketing calls so that the recipient can immediately indicate.  If the recipient expresses his/her intention to stop telemarketing, the trust industry, after confirming, shall handle the internal operation of stopping the use of his/her information for telemarketing in accordance with the regulations.
 
(4)    To add that, the trust industry is required to provide existing customers with multiple channels to express their request to stop utilizing their personal information for telemarketing, and the trust industry is required to continue to disclose information about the channels through which customers can express their request to stop telemarketing in a clear, understandable, and easy-to-obtain manner.
 
(5)    To specify the handling time for the trust industry to accept the discontinuance of telemarketing.
 
(6)    Personnel newly engaging in telemarketing shall accept pre-employment and on-the-job training to ensure the quality of telemarketing.
 
(7)    The trust industry shall set up a specialized unit to handle related consultation and complaint cases, establish handling procedures, conduct regular reviews, and conduct timely reviews to improve the handling procedures of customer complaint cases in order to reduce the number of customer disputes.
 
Reported by: Stacy Lo / Julia Kuo
 
Securities
 
7.     Amendment to Article 37 of Regulations Governing Securities Firms and Article 18 of Regulations Governing Responsible Persons and Associated Persons of Securities Firms
 
On 6 March 2024, the FSC announced the amendment to Article 37 of the Regulations Governing Securities Firms and Article 18 of the Regulations Governing Responsible Persons and Associated Persons of Securities Firms to stipulate that the securities firm may, in accordance with the tripartite agreement signed among the securities firm, its client and the securities investment consulting enterprises, accept and execute the automated rebalancing trades without being subject to the restriction that the securities firms, responsible persons and associated persons of securities firms are not allowed to accept from any person other than the client himself/herself or an agent without a power of attorney for subscription, trade, or settlement.
 
The FSC also announced a ruling on 12 March to stipulate that securities firm shall establish relevant internal control systems for handling the above-mentioned business.  The mandatory provisions of the tripartite agreement will be separately promulgated by the Securities Investment Trust and Consulting Association and the Taiwan Securities Association.
 
Reported by: Jeffrey Liu / Amy Su
 
8.     Draft Amendments to Article 23 of Regulations Governing Securities Firms Accepting Orders to Trade Foreign Securities
 
On 12 March 2024, the FSC announced the draft amendment to Article 23 of "Regulations Governing Securities Firms Accepting Orders to Trade Foreign Securities."  Considering the practical needs of securities firms, it is further permitted that a securities firms may also engage the Taiwan Depository & Clearing Corporation as the depositary of foreign securities purchased.
 
Reported by: Jeffrey Liu / Winnie Su
 
Editors:
Mike Lu           (Partner)
Stacy Lo          (Partner)
Jeffrey Liu        (Partner)
Kang-Shen Liu    (Partner)
David Tsai        (Partner)
Angela Lin   (Partner)
Paul Hsu   (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

http://www.ntcma.org.tw/userprofile.asp ̨0.5s TȲ Ͳ http://yumi-girls.org/xinzhuyuanjiao ̨ϽA·Ħ ǰĦ ҈@С ̨Ԯ http://ulife-village.org.tw/search.asp http://geo.giraffe.com.tw/Global.asp ̨ϲӍ http://healthynews.com.tw/function.php http://yumi-girls.org/xinzhuyuanjiao http://www.ljg.com.tw/trackback.php

Lexgroup Newsletter (Issue No. 435)
2024-03-07    

 

 
Criminal
 
1.     Draft Amendments to Code of Criminal Procedure
 
On 22 February 2024, the Executive Yuan passed the draft amendments to Articles 245 and 245-1 of the Code of Criminal Procedure.  We summarize below:
 
(1)     With reference to the opinions of Ref. No. 111-Shien-Pan-7 rendered by the Constitutional Court, the right of the defender to take notes shall be included in the rights of the defendant or suspect to receive effective assistance and defense during the prosecutorial investigation.  Therefore, the regulation of the right of noting is added.
 
(2)     The improvement and completion of the remedial procedures for restrictions or prohibitions on the rights to defense are added.
 
Reported by: David Tsai / Sean Tsai
 
Food and Drug Administration
 
2.     Amendments to Regulations on Nutrition Claims for Prepackaged Food Products
 
The Ministry of Health and Welfare announced on 19 February 2024 the amendments to the Regulations on Nutrition Claims for Prepackaged Food Products (Regulations).  We summarize below:
 
(1)     It is newly stipulated that the nutrition claims of special dietary food products shall comply with the Regulations (Section 2 of the Regulations).
 
(2)     The definitions of certain terms mentioned in the Regulations are added (Section 3 of the Regulations).
 
(3)     Some provisions of nutrition claims are amended/added below (Section 4 of the Regulations):
 
a.     Provisions regarding nutrient content value claims are added.
 
b.     Provisions regarding nutrition claims of nutrient supplementations are amended.  For example, for a solid product claiming “high vitamin D”, the content of vitamin D in the food product shall be up to or exceed 3 micrograms per 100 grams.
 
c.      Nutrient content standards for products allowed to make functional or physiological claims are added.
 
d.     The claims of iodized salt have been deleted.
 
e.     Words and phrases that are not allowed as nutrition claims for food products listed in Table 7 have been amended.  For example, sugar-sweetened carbonated drinks shall not be labeled with “high”, “rich of” vitamin C or equivalent nutrition claims and words and phrases related to physiological functions.
 
(4)     Provisions regarding nutrition claims of food products that require rehydration or dilution before consumption are slightly amended. (Section 5 of the Regulations)
 
(5)     Provisions regarding nutrition claims of a liquid food product with two or more nutrition claims are newly added, which should be explained in text. (Section 6 of the Regulations)
 
(6)     The items listed in Tables 3, 4 and 7 are amended.
 
Except that Sections 4(1), 4(4) and Sections 5 and 6 shall take effect on 1 January 2026, the remaining amendments to the Regulations took effect as of the publication date (19 February 2024).  In addition, manufacturers of food product that have been approved as special dietary foods before the publication date and manufactured after 1 January 2026, shall follow the provisions of the Regulations.
 
Reported by: Jolene Wang / Crick Liang
 
Commodity
 
3.     Amendments to Disposal Directions on Handling Unsafe Commodities
 
On 16 February 2024, the Bureau of Standards, Metrology and Inspection of the Ministry of Economic Affairs announced to amend the "Disposal Directions on Handling Unsafe Commodities."  In view of the government's organizational reform, the amendments thus change the agency's name stipulated therein.
 
Reported by: Kang-Shen Liu / Sean Tsai
 
Financials
 
4.     Financial Institutions' Information Disclosure Schedule of Carbon-Reduction Target, Strategy and Specific Action Plan
 
On 22 February 2024, the Financial Supervisory Commission announced that banks, financial holding companies and bills finance companies shall disclose the carbon-reduction target, strategy and specific action plan of the companies in accordance with the following schedule:
 
(1)     Banks, financial holding companies and bills finance companies with the paid-in capital no less than NTD 10,000,000,000 shall complete the disclosure from 2025;
 
(2)     Banks, financial holding companies and bills finance companies with the paid-in capital no less than NTD 5,000,000,000 but less than NTD 10,000,000,000 shall complete the disclosure from 2026; and
 
(3)     Banks, financial holding companies and bills finance companies with the paid-in capital less than NTD 5,000,000,000 shall complete the disclosure from 2027.
 
Reported by: Stacy Lo / Henry Ku
 
SITE/SICE
 
5.     Guidelines on Disclosure of Climate Change Information for Securities Investment Trust Enterprises
 
On 19 February 2024, the Securities Investment Trust & Consulting Association of the Republic of China (SITCA) published the Guidelines on Disclosure of Climate Change Information for Securities Investment Trust Enterprises (Guidelines).  We summarize below:
 
(1)     Climate-related risks therein refers to transition risks related to low-carbon transition due to climate change, which may affect the enterprise's finances, strategies, operations, products, and reputation, as well as physical risks to the company's finances and operations caused by extreme weather due to climate change.
 
(2)     Securities investment trust enterprises (SITEs) are advised to incorporate climate change-related factors into their product and service strategies or asset management strategies based on their scale of asset management.  They are also advised to comply with existing regulations for the disclosure of financial and non-financial information and disclose "climate-related financial information" referred to in the Guidelines through appropriate disclosing channels (including but not limited to their sustainability reports or their website).
 
(3)     The Guidelines provide guidance on disclosing climate-related risks in terms of governance, strategy, and risk management, and require the disclosure of indicators used to assess climate-related risks and opportunities, greenhouse gas emissions, as well as goals related to managing climate-related risks and opportunities.
 
Reported by: Jeffrey Liu / Jason Su
 
6.     Taipei Exchange and Taiwan Stock Exchange Corporation amended regulations regarding beneficiary certificates of Exchange Traded Fund (ETF)
 
On 23 February 2024, the Taipei Exchange and Taiwan Stock Exchange Corporation amended certain regulations regarding beneficiary certificates of ETF. We summarize below:
 
(1)     Where a SITE signs relevant contract with a securities firm which is an interested party, or sign a liquidity provider contract with a liquidity provider which is an interested party, the contract shall be approved by the board of directors of the SITE with supermajority resolution.
 
(2)     Where a SITE fails to comply with the requirements to select a liquidity provider, Taiwan Stock Exchange and Taipei Exchange may issue a letter to have them improve, and may also impose additional penalty.
 
(3)     The SITE shall handle relevant operations in a fair and reasonable manner when handling in-kind and cash subscription and redemption operations of beneficiaries certificates of ETF.
 
Reported by: Jeffrey Liu / Lia Wang
 
Editors:
Mike Lu           (Partner)
Stacy Lo          (Partner)
Jeffrey Liu        (Partner)
Kang-Shen Liu    (Partner)
David Tsai        (Partner)
Angela Lin   (Partner)
Paul Hsu   (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

http://www.ntcma.org.tw/userprofile.asp ̨0.5s TȲ Ͳ http://yumi-girls.org/xinzhuyuanjiao ̨ϽA·Ħ ǰĦ ҈@С ̨Ԯ http://ulife-village.org.tw/search.asp http://geo.giraffe.com.tw/Global.asp ̨ϲӍ http://healthynews.com.tw/function.php http://yumi-girls.org/xinzhuyuanjiao http://www.ljg.com.tw/trackback.php

Yearly upload and update of corporate and shareholder(s)' information
2024-03-05    

Dear Friends,

 

Please be reminded that all Taiwanese companies are required to upload and update their corporate and shareholder(s)' information on the Company Transparency Platform of the Ministry of Economic Affairs ("MOEA") by March 31 each year (even if an ad hoc update is already made within 15 days for every change in the past), provided that no such annual upload or update is required for a company having made any ad hoc update during 1 January to 31 March.

 

If a company fails to make such update, the MOEA will notify the company to rectify the violation within a given time period and if the company fails to rectify, the chairman will be subject to a fine between NT$50,000 to NT$500,000 (around US$1,666.6 to US$16,666.6).  If the MOEA further requires the company to rectify within a given time period and the company still fails to do so, the chairman shall be imposed with a fine between NT$ 500,000 to NT$ 5,000,000 (around US$16,666.6 to US$166,666) consecutively for each non-compliance until rectification.  If the violation is material, the MOEA may nullify its incorporation registration.

 

Lexcel Partners provides the service to assist the yearly upload and update of corporate and shareholder(s)’ information.  Feel free to let us know if you have any questions or need any assistance from us.


Mike Lu / Stacy Lo

http://www.ntcma.org.tw/userprofile.asp ̨0.5s TȲ Ͳ http://yumi-girls.org/xinzhuyuanjiao ̨ϽA·Ħ ǰĦ ҈@С ̨Ԯ http://ulife-village.org.tw/search.asp http://geo.giraffe.com.tw/Global.asp ̨ϲӍ http://healthynews.com.tw/function.php http://yumi-girls.org/xinzhuyuanjiao http://www.ljg.com.tw/trackback.php

Amendments to Gender Equality in Employment Act and Sexual Harassment Prevention Act
2024-02-27    

Dear Friend, 


As alerted previously, on 16 August 2023, the President announced the amendments to the Gender Equality in Employment Act (GEEA) and Sexual Harassment Prevention Act (SHPA).  Among the amendments, certain articles took effect on 18 August 2023, while certain critical amended articles will take effect on 8 March 2024, which include, but are not limited to expansion of the workplace sexual harassment scope, more requirements of investigation procedures, and the employer’s obligation to report the sexual harassment to the government.  In addition, we urge that the relevant internal rules of an employer need to be amended to be in line with the amendments.  Let us know if we can be of any assistance.


See below a summary of the importance articles below:


1. Amendment to the GEAA


(1) The scope of the workplace sexual harassment is expanded to include any instance of continuous sexual harassment occurring during off duty hours of employees within the same business entity or different business entities under the shared collaborative or operational relationships.  (Paragraph 3, Article 12)


(2) Any employer with 10 to 30 employees are required to establish and publicly announce channels for reporting sexual harassment.  (Paragraph 1, Article 13).


(3) An employer is required to take "effective correctional and remedial measures" when the sexual harassment is known through complaints or otherwise.  (Paragraph 2, Article 13)


(4) Employers are required to report to the competent authority when they receive complaints of sexual harassment from victims.  (Paragraph 4, Article 13)


(5) Employers may take temporary measures during the investigation period, such as suspending or adjusting the accused party's duties, if the accused party holds a position of power and the case of sexual harassment is severe.  If sexual harassment is confirmed to be severe, employers may terminate the employment contract without notice within 30 days after the investigation result is known.  (Article 13-1) 


(6) Employees or job applicants dissatisfied with the results of employers’ investigation or disciplinary actions may file a complaint directly with the local competent authority within the deadline.  Exceptions for the deadline are provided for minors or employees who leave their jobs.  (Article 32-1)


(7) More and higher penalties for violation and statutes of limitation for complaints, claims and sanctions are provided.  (Articles 30, 32-1, 38-1 to 38-3)


2. Amendments to the SHPA


(1) Owners of government agencies (entities), military units, schools, institutions, or employers are required to take effective corrective actions and remedial measures for sexual harassment that occurs in their premises.  (Paragraphs 2 and 3, Article 7)


(2) If the violating employee works for a government agency, military unit, or school, the complaint shall be filed with the unit he or she serves.  If he or she is one of the highest-ranking officials or the employer, the complaint shall be handled by the social affairs bureaus of the municipal or county (city) governments.  The complaint period is 2 years for sexual harassment, 3 years for power-abused sexual harassment.  For victims who are still minors, the period is 3 years after adult.  (Article 14)


Alex Li / Paul Hsu

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Lexgroup Newsletter (Issue No. 434)
2024-02-22    
 
Banking
 
1.     Announcement of Self-Regulation of the Banking Industry on the Introduction of Responsible Mapping System
 
On 19 January 2024, the Financial Supervisory Committee (FSC) announced the "Self-Regulation of the Banking Industry on the Introduction of Responsible Mapping System".  We summarize below:
 
(1)     The purpose of this self-regulation is to ensure the allocation of responsibilities among senior management in the banking industry.  The applicable individuals include senior management such as the Chairman, General Manager, Deputy General Managers, and department heads who have decision-making authority over business or management activities.
 
(2)     The bank shall implement the responsible mapping system through four stages, which are defining responsibilities, understanding responsibilities, accountability and taking responsibility.
 
(3)     The bank shall establish an accountability committee under the board of directors or designate an existing committee to implement responsible mapping system.
 
(4)     The bank shall require senior management to issue a statement of responsibility upon assuming the office or when there are changes in responsibilities.
 
(5)     The bank shall complete the relevant procedures by the end of December 2024 and implement them from 1 January 2025.
 
Reported by: Stacy Lo / Sunny Lan
 
2.     Amendments to Self-Regulation for Cooperation between the Member Banks of the Bankers Association and the Third-Party Service Providers
 
On 5 February 2024, the Bankers Association of the Republic of China (Bankers Association) announced the amendments to the Self-Regulation for Cooperation between the Member Banks of the Bankers Association and the Third-Party Service Providers (Self-Regulation). We summarize below:
 
(1)     The relevant laws and regulations shall be followed first, and the Self-Regulation shall apply only if not otherwise provided under the laws and regulations.
 
(2)     The scope of data provided by the application interface will be expanded to include transaction information, which refers to the information reflecting the consumers' expressions of intent to transmit consumer identification data to member banks for transaction instructions, or the transaction instructions sent to member banks for transaction after authorization by consumers.
 
(3)     For member banks that are not involved in providing consumer-related information to third-party service providers, the responsible persons or managers of the third-party service providers cooperating with them are exempted from the obligation to issue relevant statements.
 
Reported by: Stacy Lo / Linda Chu
 
SICE/SITE
 
3.     Amendment to Template of Trust Deed of Securities Investment Trust Funds
 
On 31 January 2024, the Securities Investment Trust and Consulting Association (SITCA) issued a ruling to amend the template of trust deed for securities investment trust fund (including templates for domestic open-ended equity funds, open-ended bond funds, open-ended balanced funds, open-ended fund of funds (which includes investment in offshore funds,) capital protected fund, and open-ended money market fund) to reflect that the application or the effective registration of SIT Funds are now reviewed by institutions delegated by the FSC.
 
Reported by: Jeffrey Liu / Lia Wang
 
SICE/SITE
 
4.     Amendment to Operating Procedure of the Offering, Issuing, Trading and Subscriptions or Redemptions of the Securities Investment Trust Funds" and "Regulations Governing Electronic Trading of Onshore SIT Fund
 
On 5 February 2024, the SITCA announced the amendments to "Operating Procedure of the Offering, Issuing, Trading and Subscriptions or Redemptions of the Securities Investment Trust Funds" and "Regulations Governing Electronic Trading of Onshore SITE Fund". We summarize below:
 
(1)     To stipulate that when a securities investment trust enterprise (SITE) processes subscriptions, redemptions, or income distributions of securities investment trust fund (SIT Fund) through electronic payment accounts, it shall report the amended securities investment trust deed to the Financial Supervisory Commission.
 
(2)     To stipulate that the SITE and the electronic payment institutions shall include provisions for the method of processing refunds in the agreements.
 
(3)     To add additional requirements for the SITE to notify clients of the possible double refund under the electronic trading process.
 
Reported by: Jeffrey Liu / Winnie Su
 
Editors:
Mike Lu           (Partner)
Stacy Lo          (Partner)
Jeffrey Liu        (Partner)
Kang-Shen Liu    (Partner)
David Tsai        (Partner)
Angela Lin   (Partner)
Paul Hsu   (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

http://www.ntcma.org.tw/userprofile.asp ̨0.5s TȲ Ͳ http://yumi-girls.org/xinzhuyuanjiao ̨ϽA·Ħ ǰĦ ҈@С ̨Ԯ http://ulife-village.org.tw/search.asp http://geo.giraffe.com.tw/Global.asp ̨ϲӍ http://healthynews.com.tw/function.php http://yumi-girls.org/xinzhuyuanjiao http://www.ljg.com.tw/trackback.php

Lexgroup Newsletter (Issue No. 433)
2024-02-07    
 
Labor
 
1.     Amendments to Enforcement Rules for Act of Gender Equality in Employment
 
On 17 January 2024, the Ministry of Labor announced to amend the "Enforcement Rules for Act of Gender Equality in Employment" including the amendment of its title to "Enforcement Rules for Gender Equality in Employment Act".  We summarize below:
 
(1)      It is in compliance with the regulations of the Gender Equality in Employment Act ("Act") to strengthen the prevention and control of sexual harassment in the workplace, and add the definitions of "collaborative work", "persistent sexual harassment " and the meaning of the timing when the employer "becomes aware of " of sexual harassment.
 
(2)      It is stipulated that when a complaint of sexual harassment is received and the conclusion of sexual harassment is established by an investigation, the competent authorities in the location where the victim provides the service shall be informed by the employer.
 
(3)      If the employer, employee or applicant is dissatisfied with the decision made by the Gender Equality in Employment Committee of the competent authority at the central level in accordance with Paragraph 2, Article 34 of the Act, the subsequent remedies are stipulated.
 
Reported by: David Tsai / Sean Tsai
 
Intellectual Property
 
2.     Draft Amendment to Enforcement Rules of Trademark Act
 
On 18 January 2024, the Ministry of Economic Affairs (MOEA) announced the draft amendment to the “Enforcement Rules of Trademark Act” (the draft) in response to the amended Trademark Act announced on 24 May 2023.  We summarize below:
 
(1)      It is newly stipulated that applicants acting as unincorporated associations or businesses shall submit the certificate of establishment evidencing the applicant’s qualification.
 
(2)      It is stipulated that trademark applicants should have actual intention to use the trademark in the goods or services as designated in the applications.
 
(3)      The rules for handling the situations involving the inconsistence of the Chinese translations of a foreign applicant are added.
 
(4)      In response to Article 6 of Trademark Act, the qualifications and requirements of “Agent” handling trademark affairs are specified, wherein the “Trademark Agent” excludes the professional who can handle trademark affairs under other laws and regulations, such as attorneys and certified public accountants.
 
(5)      It is newly stipulated that proprietors of registered trademarks who are natural persons can apply for the non-disclosure of residential information in the Register;
 
(6)      The requirements of request forms for accelerated examination, and the legal ramifications of non-payment are added, as well as the “necessity for seeking rights approval promptly” as defined in Trademark Act are supplemented.
 
(7)      The format of trademark names as stated and the circumstances applicable for the drawings of a trademark represented with broken lines are added.
 
(8)      It is newly stipulated that what information shall be specified in the third-party observations against applications for trademark registration, and the details regarding the notices of observations are supplementary provisions.
 
Reported by: Jolene Wang / Alex Miao
 
Food and Drug Administration
 
3.     Amendment to Regulations on Good Hygiene Practices for Foods
 
On 18 January 2024, the Ministry of Health and Welfare announced the draft amendments to the Regulations on Good Hygiene Practices for Foods.  We summarize below:
 
(1)      The businesses which are subject to the requirements such as manufacturing process and quality control, inspection and measurement control, and document and record keeping are changed to all food businesses from food manufacturing businesses only.
 
(2)      The regulations on low-temperature food management are strengthened by revising the refrigeration temperature to be not higher than 4 degrees Celsius above the freezing point.  In addition, frozen storage equipment and refrigerated storage equipment shall be equipped with temperature abnormality alarm devices.
 
(3)      It is newly stipulated that food businesses shall not change the original storage and transportation conditions unless there are reasonable reasons and basis.
 
(4)      It is newly stipulated that for a transport equipment compartment with freezing and refrigeration functions used in the transportation of a food related product having a specified storage temperature, the ambient temperature inside the vehicle compartment or container shall be tested once a day, and the ambient temperature for frozen foods shall not be higher than minus 12 degrees Celsius.
 
(5)      Tuberculosis is removed from the list of notifiable diseases for food handlers.
 
(6)      Education and training during employment may be held by the food businesses themselves.
 
(7)      It is newly stipulated that food businesses selling food additives shall store food additive products at a dedicated area, designate a specific personnel for management, and keep relevant information and records on a dedicated record book.
 
(8)      The chapter title “Low-acid and Acidified Canned Foods Manufacturers” is amended to “Thermally sterilized and sealed container packaging low-acid food and acidified food manufacturers.”
 
(9)      It is newly stipulated that for preparation of acidified foods, standard operating procedures for pH-value measurements and relevant regulations on acidification process management shall be established.
 
(10)   It is newly stipulated that food manufacturers passed on-site evaluation by a professional sterilization institution may on their own set the sterilization conditions and important sterilization factors for low-acid foods packaged in thermally sterilized and sealed containers, and that the manufacturers may on their own set the sterilization conditions and important sterilization factors for acidified foods while keep their evaluation data for future reference.
 
(11)   The regulations on management of manufacturers of plastic food utensils, containers or packaging shall also apply to those of non-plastic food utensils, containers or packaging.
 
(12)   A new chapter is added, dedicated to the manufacturing businesses of food detergents.
 
Reported by: Jolene Wang / Crick Liang
 
Securities
 
4.     Amendment to "Taiwan Stock Exchange Corporation Rules Governing the Preparation and Filing of Sustainability Reports by TWSE Listed Companies"
 
On 26 January 2024, the Taiwan Stock Exchange Corporation announced amendments to "Taiwan Stock Exchange Corporation Rules Governing the Preparation and Filing of Sustainability Reports by TWSE Listed Companies". We summarize below:
 
(1)      To stipulate that the sustainability reports of the listed companies are advisable to be approved by the board of directors.
 
(2)      To stipulate that the listed companies with a paid-in capital of twenty billion New Taiwan Dollars or less shall be required to prepare sustainability reports starting from the year 2025, with the option to reference information disclosed by the Sustainability Accounting Standards Board.
 
(3)      To stipulate that the listed companies in specific industries with a paid-in capital of twenty billion New Taiwan Dollars or more shall enhance the disclosure of sustainability indicators in accordance with their respective sectors.
 
(4)      Amendments have been made to the relevant information regarding greenhouse gas inspection and confirmation.
 
(5)      To stipulate that listed companies shall complete their sustainability reports by the end of August each year.
 
Reported by: Jeffrey Liu / Winnie Su
 
Financial
 
5.     Amendment to "Regulations Governing Anti-Money Laundering and Countering the Financing of Terrorism for the Third-Party Payment Enterprises"
 
On 22 January 2024, the Ministry of Digital Affairs announced the amendment to the "Regulations Governing Anti-Money Laundering and Countering the Financing of Terrorism for the Third-Party Payment Enterprises".  We summarize below:
 
(1)      To add that, the Ministry of Digital Affairs may, where necessary, designate or request enterprises to engage professionals for inspection on their own and report to the Ministry of Digital Affairs in order to perform the anti-money laundering compliance obligation, and to specify the cooperation obligation which requires enterprises to submit relevant information when the Ministry of Digital Affairs conducts inspection; and
 
(2)      To add that, third-party payment enterprises shall apply for anti-money laundering service energy registration with the Ministry of Digital Affairs in accordance with the procedure and method designated by the Ministry of Digital Affairs. 
 
Reported by: Stacy Lo / Henry Ku
 
Internal Control Systems
 
6.     Proposed Amendments to "Regulations Governing Establishment of Internal Control Systems by Public Companies" and "Regulations Governing the Establishment of Internal Control Systems by Service Enterprises in Securities and Futures Markets"
 
On 23 January 2024, the Financial Supervisory Commission (FSC) announced the draft amendments to Article 8, Article 13, and Article 47 of the "Regulations Governing Establishment of Internal Control Systems by Public Companies," as well as Article 8, Article 14, and Article 39 of the "Regulations Governing the Establishment of Internal Control Systems by Service Enterprises in Securities and Futures Markets." for public consultation.  The key revisions include requiring listed companies and securities service related enterprises to incorporate the management of sustainability information into their internal control systems and to designate it as an annual mandatory audit item.  Additionally, a grace period will be provided, with the new regulations set to take effect from 1 January 2025.
 
Reported by: Jeffrey Liu / Jason Su
 
Securities
 
7.     Amendment to "Regulations Governing the Declaration of Acquisition of Shares in Accordance with Paragraph 1, Article 43-1 of the Securities and Exchange Act"
 
On 30 January 2024, the FSC amended the "Regulations Governing the Declaration of Acquisition of Shares in Accordance with Paragraph 1, Article 43-1, of the Securities and Exchange Act" ("Regulation"), which will become effective on 10 May 2024.  We summarize below:
 
(1)      To reduce the declaration and public disclosure threshold for major shareholding from 10% to 5%, and the declaration may be completed by uploading the declaration documents through the Market Observation Post System;
 
(2)      To add that if the acquirer is a pension fund or insurance fund managed by the government, the special declaration mechanism shall apply and the declaration and public disclosure shall be made on a semi-annual basis;
 
(3)      To add that the FSC may make an administrative commission with the Taiwan Stock Exchange and Taipei Exchange for accepting the acquirer's declaration and public disclosure in accordance with the Regulation; and
 
(4)      If the acquirer (including the pension fund and insurance fund managed by the government) has acquired the outstanding shares of any public company for over 5% but not exceeding 10%, and keeps such shareholding till the effective date of the Regulation, it shall conduct the initial declaration and public disclosure within 10 days after the effective date.
 
Reported by: Stacy Lo/ Henry Ku
 
Financial
 
8.     Amendment to "Risk Management Regulations for Securities Business Conducted by Banks"
 
On 3 January 2024, the FSC announced the amendment to the "Risk Management Regulations for Securities Business Conducted by Banks".  We summarize below:
 
(1)      Basic customer information (including name, date of birth, national ID number, phone number and address) may only be utilized after entering into an agreement with the customer or obtaining the customer's written explicit consent.
 
(2)      Terms related to the mutual utilization of customer data shall be highlighted in conspicuous font, with clear reminders to customers and shall be explicitly communicated or agreed upon that customers have the right to request the cessation of mutual utilization of their relevant information at any time.
 
Reported by: Stacy Lo / Sunny Lan
 
SICE/SITE
 
9.     Amendment to SITCA Guidelines for Advertisements and Business Activities Performed by Members and Their Sales Agents.
 
On 16 January 2024, the Securities Investment Trust and Consulting Association of the R.O.C (SITCA) issued a ruling (Ref No: 1130050205) to amend the SITCA Guidelines for Advertisements and Business Activities Performed by Members and Their Sales Agents (Guidelines).  We summarize below:
 
(1)      Add equity ETFs shall be subject to the same provisions of the current dividend distribution advertising regulations for equity funds.
 
(2)      The annualized distribution yield shall not be disclosed.  The competent authority provides a six-month grace period for such amendment.  Therefore, such amendment shall be complied with by 16 July 2024.
 
(3)      Where the dividend of ETFs may involve income equalization:
 
(a)    A disclaimer shall be added after the fund name
 
(b)    Securities investment trust enterprises (SITE) shall publish the net asset value composition on the its website daily in accordance with the template of Attachment 6 of the Guidelines.
 
(c)    SITE shall establish an income equalization section on its website for relevant disclosure.
 
(4)      The calculation basis for comparing fund performance with benchmark of the fund shall be consistent.
 
Reported by: Jeffrey Liu / Lia Wang
 
Editors:
Mike Lu           (Partner)
Stacy Lo          (Partner)
Jeffrey Liu        (Partner)
Kang-Shen Liu    (Partner)
David Tsai        (Partner)
Angela Lin  (Partner)
Paul Hsu         (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

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Amendment to Regulations Governing Declaration of Acquisition of Shares in Accordance with Paragraph 1, Article 43-1 of the Securities and Exchange Act
2024-02-01    

Dear friends,


The amendment to Article 43-1 of the Securities Exchange Act to reduce the threshold for the shareholding filing and disclosure from 10% to 5% has been passed and will take effect on May 10, 2024.  Namely, upon and after the effective date, any person who acquires, either individually or jointly with other persons, for more than 5% of the total issued and outstanding shares in a public company, needs to file a report with the Financial Supervisory Commission ("FSC").  


The FSC further announced the amendment (the "Amendment") to the Regulations Governing the Declaration of Acquisition of Shares in Accordance with Paragraph 1, Article 43-1 of the Securities and Exchange Act on January 30, 2024, which will take effect on May 10, 2024 as well.  The Amendment provides that if any person has acquired more than 5% of the total issued and outstanding shares in a public company before May 10, 2024 and keeps such shareholding till May 10, 2024, it shall make the report within ten (10) days after May 10, 2024.


Feel free to let us know if you have any questions or need any further information. 


Stacy Lo

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Lexgroup Newsletter (Issue No. 432)
2024-01-22    
 
Climate Change
 
1.     Enforcement Rules on Climate Change Response Act
 
On 29 December 2023, the Ministry of Environment (MOE) promulgated Enforcement Rules on Climate Change Response Act.  Please refer to "Lexgroup Newsletter (Issue No. 427) 2. Amendment to 'Enforcement Rules on Greenhouse Gas Reduction and Management Act,' Renamed as 'Enforcement Rules on Climate Change Response Act'" for more details in connection with the additions and revisions.
 
Reported by: Jeffrey Liu / Jason Su
 
Labor
 
2.     Guidelines and Reference Cases in Drafting Clauses of Collective Agreements
 
On 5 January 2024, the Ministry of Labor announced the "Guidelines and Reference Cases in Drafting Clauses of Collective Agreements" (Guidelines) which provide 6 major do’s and don’ts for both sides of the labor and management when signing effective collective agreements.  The Guidelines also compile clauses from the past collective agreements executed by and between the labor and management whose terms and conditions are better than those under the applicable laws and regulations for both side's reference to stabilize labor/management relationship and improve the welfare of the union members.
 
Reported by: David Tsai / Hazel Wei
 
Taxation
 
3.     Application of Article 43-3 of Income Tax Act and Article 12-1 of Income Basic Tax Act on Trust Shares for Trustor or Interest Beneficiary
 
On 4 January 2024, the Ministry of Finance issued a letter with respect to application of Article 43-3 of Income Tax Act and Article 12-1 of Income Basic Tax Act on trust shares for trustor or interest beneficiary.  We summarize below:
 
(1)      Where the interest beneficiary is certain and specific:
 
a.       If an interest beneficiary and its related person directly or indirectly hold 50% of a low-tax burden area affiliated enterprise’s shares in total or have a controlling power, such low-tax burden area affiliated enterprise shall be the controlled foreign company (CFC) of the interest beneficiary.  The shareholding ratio in the low-tax burden area affiliated enterprise directly held by the interest beneficiary shall be the trust share direct shareholding ratio calculated by multiplying the trust shareholding ratio upon establishment of the trust by the trustor and the beneficiary ratio of the interest beneficiary; if at the same time it is also an interest beneficiary taking the same low-tax burden area affiliated enterprise’s company share as trust asset, it shall be calculated together by the same method, and the direct shareholding ratio in addition to the interest beneficiary's trust shall be further added; and
 
b.       If such low-tax burden area affiliated enterprise is the CFC of the interest beneficiary, the interest beneficiary shall recognize the investment income or calculate the business income with respect to the CFC's earnings of such year for the income tax in accordance with CFC tax laws, based on the trust share direct shareholding ratio and the trust period of the year.
 
(2)      If the interest beneficiary is not certain, for the uncertain portion, the interest beneficiary shall be the trustor and the shareholding ratio in such low-tax burden area affiliated enterprise directly held by the trust or otherwise shall be calculated according to 1 above, and the investment income or business income shall be recognized or calculated, and the income tax shall be imposed in accordance with the Income Tax Act.
 
(3)      When the trustee of a trust declares the trust income for 2024 and the following years in accordance with Article 92-1 of the Income Tax Act, it shall follow the provisions below:
 
a.       If the shareholding ratio in such low-tax burden area affiliated enterprise directly held by interest beneficiary or trustor by trust or otherwise, adding the interest beneficiary or the trustors' indirect shareholding ratio and its related person and the nominees’ direct and indirect shareholding ratio, reaches 50% in total, the trustee shall calculate the investment income or business income of the CFC's earnings of such year in accordance with the CFC tax law based on the trust shares direct shareholding ratio of the interest beneficiary or the trustor and the trust period of such year;
 
b.       When CFC actually distributes dividends or earnings, it may identify the year where the investment income is recognized or business income tax is calculated for such dividend or earnings in accordance with the CFC shareholders' meeting minute, the notes to the earning distribution statement recognized by the shareholders' meeting, or other sufficient supporting documents; and
 
c.        When the trustee disposes CFC's shares, it shall specify the disposal income and original acquisition cost for the interest beneficiary or the trustee to calculate the disposal or transaction profits and losses.
 
Reported by: Stacy Lo/ Henry Ku
 
Securities
 
4.     Amendments to the Applicable Scope of the Candidate Nomination System for the Election of Directors and Supervisors of the Company
 
On 29 December 2023, the Financial Supervisory Commission ('FSC) issued a ruling stating that from 1 January 2024, in addition to listed and OTC-listed companies, the candidate nomination system is also applicable to the election of directors and supervisors of the emerging companies, and such system shall be stipulated in the Articles of Incorporation.
 
Reported by: Angela Lin/ Linda Chu
 
5.     Amendments to Regulations Governing Exercise of Duties by Audit Committees of Public Companies and Regulations Governing Procedures for Board Meetings of Public Companies
 
On 11 January 2024, in response to the amendment to the Securities and Exchange Act (SEA) on 28 June 2023, the FSC announced to amend the following regulations.  We summarize below:
 
(1)      Regulations Governing Exercise of Duties by Audit Committees of Public Companies:
 
a.       To stipulate the procedures for the appointment of representatives when a company files a lawsuit against a director and when a director of a company transacts with the company on his/her own account, and to stipulate that if there is a legitimate reason for the audit committee not being able to convene, the independent directors shall still issue a "consent" opinion on the matters for the financial statement related matters.
 
b.       To stipulate details methods and relevant procedures for calling an audit committee meeting.
 
(2)      Regulations Governing Procedures for Board Meetings of Public Companies:
 
a.       To stipulate that when the number of attendee is insufficient, the  meeting can only be announced by the chairman to be postponed to other time within the same day.
 
b.       To stipulate the methods for election of deputy of the chairman of the board meeting.
 
Reported by: Mike Lu / Sean Tsai
 
6.     Amendment to Q&A for Offshore Funds
 
On 27 December 2023, the FSC announced the amendment to Q&A for Offshore Funds.  We summarize below:
 
(1)      Sub-paragraph 2, Article 24 of Regulations Governing Offshore Funds stipulates the qualification of offshore fund management institution that no sanction with relevant record has been made against the company by any competent authority of its home jurisdiction due to any violation of regulation in relation to operation of asset management business for the most recent two (2) years which has not been corrected.  The scope of operation of asset management business refers to business such as offering of funds, private placement, launch and marketing, investment consulting, discretionary investment mandatory and matters related to conduct of asset management business (including but not limit to operation of AML/CFT, KYC and KYP).
 
(2)      In line with the administrative commission of the Taiwan Depositary and Clearing Corporation (TDCC) to review onshore and offshore funds other than exchange traded funds (ETFs) since 2024, the TDCC announced the Directions for Review of Onshore and Offshore Funds Offering Application Entrustment. 
 
Reported by: Jeffrey Liu / Amy Su
 
7.     "Amendment to Standards Governing Eligibility of Securities for Margin Purchase and Short Sale"
 
On 28 December 2023, the FSC announced the amendment to "Standards Governing Eligibility of Securities for Margin Purchase and Short Sale" (Standards) to include that common stocks listed on the Taiwan Innovation Board can be used for margin purchasing and short selling as well.
 
8.     Ruling regarding Regulations Governing the Establishment of Internal Control Systems by Service Enterprises in Securities and Futures Markets
 
On 4 January 2024, the FSC issued a ruling to reduce thresholds of capital amount and asset size under the management of each applicable service entity mentioned in Article 36-2 and Article 37 of Regulations Governing the Establishment of Internal Control Systems by Service Enterprises in Securities and Futures Markets, which shall designate an chief information officer (CIO).  For example, the thresholds of capital amount is adjusted from above NT$10 billion to above NT$4 billion for securities firm, which shall in turn designate a qualified CIO.
 
Reported by: Jeffrey Liu /Lia Wang
 
Editors:
Mike Lu           (Partner)
Stacy Lo          (Partner)
Jeffrey Liu        (Partner)
Kang-Shen Liu    (Partner)
David Tsai        (Partner)
Angela Lin  (Partner)
Paul Hsu         (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

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Lexgroup Newsletter (Issue No. 431)
2024-01-05    
 
Virtual Currency
 
1.     Stipulation of "Self-regulation for Banks Establishing Business Relationship with Enterprises Handling Virtual Currency Platform or Transaction and Transaction Monitoring"
 
On 28 November 2023, the Financial Supervisory Commission (FSC) agreed the stipulation of the "Self-regulation for Banks Establishing Business Relationship with Enterprises Handling Virtual Currency Platform or Transaction and Transaction Monitoring" by the Bankers Association.  We summarize below:
 
(1)      In relation to identifying and verifying the platform enterprises, to list out the example method, set up the CDD review principle, and specify that if the platform enterprises refuse to cooperate or may be illegal, the bank may refuse to establish the business relationship, suspend the transaction or terminate the business relationship.
 
(2)      Tthe matters to be complied by the platform enterprises shall be incorporated into the agreement with the bank.  If the platform enterprises are in breach, the bank shall terminate the business relationship or transaction.  When utilizing personal data, the bank shall request the platform enterprises to obtain the consent of the platform users and perform the notification obligation, in order to comply with the Personal Data Protection Act.
 
(3)      If the transaction record between the bank and the platform enterprises involves data transfer, it shall stipulate information transmission security and data retention procedure; and the matters to be complied with by the bank when providing fund custody and cash flow service to the platform enterprises are specified.
 
(4)      The suspicious transaction type of platform enterprise's transaction monitoring and the bank's ongoing review and transaction monitoring mechanism for the existing platform enterprises are specified, and if the bank considers that there is suspicious money laundering or terrorist financing transaction, it shall report to the Investigation Bureau, Ministry of Justice’.
 
Reported by: Stacy Lo / Henry Ku
 
2.     Amendments to the Requirements under Paragraph 1, Article 17 of the "Regulations Governing Anti-Money Laundering and Countering the Financing of Terrorism for Enterprises Handling Virtual Currency Platform or Transaction”
 
On 21 December 2023, the FSC announced amendments to the documents, information and methods required to be provided under Paragraph 1, Article 17 of the “Regulations Governing Anti-Money Laundering and Countering the Financing of Terrorism for Enterprises Handling Virtual Currency Platform or Transaction”, and announced that the relevant regulations would come into effect on 1 February 2024.  We summarize below:
 
(1)      Enterprises engaging in virtual currency business (Virtual Currency Enterprises) shall submit the anti-money laundering compliance statements and relevant documents to the Taipei Exchange (the "TPEx") before engaging in such business, and the TPEx will forward the documents to the FSC.
 
(2)      If a Virtual Currency Enterprise proposes to change the item in the original statement, it shall submit relevant information to the FSC before the change, and copy the TPEx.
 
(3)      In the event of that any of the following circumstances has occurred to a Virtual Currency Enterprise and the circumstances are significant, the FSC may revoke the statement of such Virtual Currency Enterprise:
 
(a)      Failure to submit relevant information to the FSC before the change of the original statement, or the business items actually engaged by the Virtual Currency Enterprise are inconsistent with that under the original statement.
 
(b)      The responsible person of the Virtual Currency Enterprise has been convicted of the specific crime under Article 3 of the Money Laundering Control Act.
 
(c)      Failing to start business within three months after completing the statement procedure.
 
(d)      Failing to apply for a revocation of the statement within one month after the cessation of virtual currency business, or voluntarily suspending business for three consecutive months or more.
 
Reported by: Stacy Lo / Linda Chu
 
Taxation
 
3.     Amendment to "Value-added and Non-value-added Business Tax Act"
 
On 20 December 2023, the Executive Yuan announced the amendment to the "Value-added and Non-value-added Business Tax Act", modifying  "selling electronic services to an individual in the territory of the R.O.C." under the definition of the taxpayer of the business tax to "selling electronic services to an individual in the territory of the R.O.C. through Internet or other digital means."
 
Reported by: Stacy Lo / Sunny Lan
 
Editors:
Mike Lu (Partner)
Stacy Lo (Partner)
Jeffrey Liu (Partner)
Kang-Shen Liu (Partner)
David Tsai (Partner)
Angela Lin (Partner)
Counselors:
Echo Yeh
Sue Su
Jolene Wang (Lexcel Partners IP)

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Areas of Practice

Litigations, dispute resolution and relief, cross border and China investment, drafting and negotiation of commercial agreements, corporate establishment and registrations, mergers & acquisitions, labor and employment matters, real estate, regulatory compliance, tax advice, securities transactions, bank financing, insurance, asset management, fair trade law, and intellectual property right related.

Award

Lexcel Partners has been recommended by Asialaw as one of top ranking leading firms in Taiwan for the areas of banking and finance, investment funds, insurance, consumer goods and services, competition/antitrust, dispute resolution, labour and employment, regulatory, capital markets, corporate and M&A, and private equity.  Mike Lu, Echo Yeh, and Sue Su have been recommended as leading practitioners.

Lexcel Partners has been enlisted by Chambers and Partners as one of recommended firms in the areas of "Corporate and M&A", " Banking and Finance" "Capital Markets" and "Employment" in Taiwan.

Echo Yeh and Sue Su have been recommended by Chambers and Partners for the area of "Corporate and M&A", Stacy Lo has been recommended for the areas of "Capital Markets" and "Banking and Finance", and David Tsai has been recommended for the area of "Employment"

Lexcel Partners has been enlisted by Legal 500, as one of recommended firms for the areas of "Corporate and M&A", "Banking" and "Labor" in Taiwan. Mike Lu, Echo Yeh, Sue Su, and David Tsai of Lexcel Partners were recommended.

 
Lexcel Partners has been enlisted by Bloomberg as one of Leading Law Firms in the Taiwan region.
 
Lexcel Partners has been enlisted as one of the Leading Firms in Taiwan by Chambers Asia Pacific.
 
Mike Lu, Echo Yeh and Sue Su have been enlisted as one of the leaders in Taiwan by Chambers Asia Pacific.
 
Lexcel Partners has been enlisted by IFLR 1000 (International Financial Law Review) as one of the recommended firms in Taiwan.  Mike Lu, Echo Yeh and Sue Su have also been enlisted as one of the Highly Regarded professionals. 
From editors
As professionals in law, we write in various forms. We summarize, elaborate, analyze and translate; and write in plain language, in symbols and in codes. In the vastness of writing we induce and deduce, seek and explore, so that we decide to make publication where in we celebrate the truth every word brings us closer to.