Activities

2020

  1. 【Speech】Our firm will 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.
  2. 【Speech】Mike Lu will invite 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】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.
  4. 【Speech】Mike Lu and Jeffrey Liu have been invited by HKIFA to deliver a speech on November 3, 2020 on the subject of "2020 Regulatory Development for Fund Market in Taiwan"
  5. 【Speech】David Tsai, Rady Lee and Cindy Chien have been 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"
  6. 【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”.
  7. 【Speech】Stacy Lo, David Tsai, Rady Lee and Alex Li have been 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".
  8. 【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".
  9. 【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".
  10. 【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".
  11. 【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”.
  12. 【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.
  13. 【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.
  14. 【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.
  15. 【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".
  16. 【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. 
  17. 【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".
  18. 【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 ".
  19. 【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 ".
  20. 【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.
  21. 【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”.
  22. 【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".
  23. 【Speech】Alex Li was invited by the Rotary Club of Taipei Baoan to deliver a speech of Labor Incident Act on 27 February.
  24. 【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. 
  25. 【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.
  26. 【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.

Covid-19 Outbreak – Taiwan legal updates
2020-05-22    

Dear Friends,

 

COVID-19 outbreak has brought substantial impact on our life and business in all aspects.   Many governments around the world including Taiwan have enacted various rules and adopted many measures to respond to the event, including but not limited to lock-down, "Stay At Home" rules, deferral or reduction of tax payment and subsidy.   

 

Businesses and economics are suddenly faced with the decision to alter, streamline or close their operations as the pandemic is bringing about unpredictable challenges that require quick and thoughtful decision making and immediate action.  We summarize and call your attention to certain important issues below in Taiwan (for which the government may have adopted responding measures or actions).  Feel free to contact us if you have any questions:

 

2020-05-22

 

1. SITE/SICE:On 18 May, 2020, the Securities Investment Trust and Consulting Association of R.O.C. (SITCA) announced the Guidelines for Off-site Working or Work-from-home due to Pandemic by Securities Investment Trust Enterprises (SITE) and Securities Investment Consulting Enterprises (SICE)(“Guidelines”).  The Guidelines includes such as: the SITE/SICE shall establish controlling measures for work-from-home arrangement and assign senior manager(s) for supervision; employees working from home are deemed as working in the office and the SITE/SICE shall set up rules of conduct for the arrangement; and fund managers and traders shall apply off-site working first except for certain identified special situations.  The SITE/SICE shall reflect the Guidelines in the internal control and internal audit system of the SITE/SICE in two (2) weeks after the announcement of the Guidelines.

 

Mike Lu / Sue Su

 

2020-05-15

 

1. Taxation:The Ministry of Finance (MOF) announced the "MOF Operation Principles for the Refund of Overpaid Business Tax Applied by a Business Entity Due to COVID-19 Event"(Operation Principles)” for a qualified business entity which has difficulty in operation due to the COVID-19 event to apply for the refund of overpaid business tax for up to an cumulated amount of NTD 300,000.  Any balance of overpaid business tax after refund shall be used for deduction of the payable business tax.  The application can be made during the period from 15 January 2020 to 30 June 2021.

 

Mike Lu / Sue Su

 

2020-05-08

 

1. Taxation:The Ministry of Finance (MOF) announced on 28 April 2020 the amendment to the Regulations Governing the Implementation of the Common Standard on Reporting and Due Diligence for Financial Institutions.  Where a reporting financial institution affected by a natural disaster, incident, or force majeure fails to report the information of each reporting account and undocumented account in respect of the previous calendar year within the reporting period, the MOF may, based on the situation, extend the reporting period and make a public announcement of such extension.

 

2. Taxation:The Ministry of Finance announced three measures to cope with the COVID-19 event:

 

(1) Due to the updates of the Accounting Standards, dividends or earnings distributed during the period from15 January 2020 to 30 June 2021 from the "net increase" of the retrospective adjustment of the retained earnings at the beginning of 2018 can be deducted from the undistributed earnings of 2018 for taxation purpose.

(2) The losses incurred in the first quarter of 2020 can be converted into the estimated losses in the first half of 2020 for deductions of the undistributed earnings of 2018.  However, when reporting the undistributed earnings of 2019, the additional business income tax imposed in respect of the undistributed earnings of 2018 shall still be amended and paid depending on the actual profits and losses of 2020. 

(3) The rental and concession fee in respect of the real estate owned by the government but not used by public agencies are reduced by 20%, and the real estate owned by the government and used by public agencies may at the relevant managing authorities' discretion reduce the relevant rental and concession fee on a case-by-case basis.  Payment of such rental or concession fee can be deferred until the end of this year based on applications.

 

 

3. Finance:The Bankers Association of The Republic of China (BAROC) announced on 27 April 2020 that when implementing the off-site working or work-from-home, financial institutions shall refer to the suggestions for the protection of information security and using the equipment, such as video conference system, virtual private network (VPN) and the virtual desktop infra-structure (VDI)  issued by the Financial Information Sharing and Analysis Center (F-ISAC).  The financial institutions shall also implement the internal remote operation management regulations in accordance with the relevant requirements of the standard for the financial institution information system security issued by the BAROC. 

 

4. Securities Firms:The Securities Association (TSA) announced the guidelines for application of work-from-home by securities firms accepting orders to trade foreign securities or trade foreign bonds as an agent in response to COVID-19 (Guidelines) on 20 April 2020.  Securities firms shall apply for an approval from from the Financial Supervisory Commission.

 

The Guidelines include the supervisory and control measures for work-from-home of trading foreign securities by orders, trading foreign bonds as an agent and underwriting procedures, etc..  The Guidelines also include the operational procedures for work-from-home for agents to accept the price negotiation, transaction instructions and other relevant matters from the clients via email, phone or video chat when trading foreign bonds .

 

Mike Lu / Sue Su

 

2020-04-30

 

1. Corporate Governance:The Ministry of Economic Affairs (MOEA) issued a clarification on 24 April 2020 to confirm that as a director attending a board meeting is deemed to have attended the meeting in person, there is no need for the director attending through video conference to sign on the attendance sheet as long as the meeting minutes indicate that the director is attending thorough video conference.  Note however that public companies shall refer to the Regulations for Board Meeting by Public Companies instead and are subject to further clarification by the Financial Supervisory Commission.

 

Mike Lu / Sue Su

 

2020-04-24

 

1. Business Operation:To assist the industries suffered due to COVID-19 outbreak, the Ministry of Economic Affairs announced on 21 April 2020 the "Application Notice for Salary and Working Capital of Commercial Service Industries Suffered due to Covid-19", under which the government will subsidize 40% of their regular salary of full time employees for 3 months (maximum NT$20,000 per month) and one time working capital of NT$10,000 multiplying the number of full time employees of commercial service industries with tax registration where the revenue declined by 50%.

 

2. Shareholders’ Meeting:The Ministry of Economic Affairs announced a ruling on 16 April 2020 to clarify that a company may file an application to postpone its annual shareholders’ meeting on the basis of having a “justifiable reason” if there is any difficulty for it to call the meeting during the COVID-19 outbreak period, provided however that a public company shall follow the securities authorities’ ruling instead if such ruling provides otherwise.

 

3. Shareholders’ Meeting:The Financial Supervisory Commission (FSC) announced a ruling on 20 April 2020 that, until the Central Epidemic Command Center is discharged, a shareholders of public company attending a shareholders’ meeting is required to wear false mask and cooperate to take temperature.  Any shareholder not wearing a mask or having fevers reaching forehead temperature of 37.5°C or ear temperature of 38°C for twice in a row shall be forbidden from entering into the venue of the shareholders’ meeting. 

 

4. Finance:The FSC announced on 20 April 2020 that in response to COVID-19 outbreak, people going to the banks shall wear the masks and take temperature .  People with high temperature or not wearing masks cannot enter into the banks.

 

5. Employment:The Ministry of Labor (MOL) announced the Rehabilitation Regulations of the Ministry of Labor to the Workers Adversely Affected by Severe Pneumonia with Novel Pathogens (Regulations) on 20 April 2020 to provide the legal basis to subsidize the employers and workers affected by the COVID-19.

The key points of the Regulations include: 

(1) The employer can apply for deferral of payment of labor insurance, employment insurance and labor pension; 

(2) Self-employed or workers without a  specific employer can apply for living allowance;

(3) A worker can apply for relief loan.

 

6. Employment:The MOL announced a press release on 17 April 2020 that it has issued a ruling that the wage during the isolation/quarantine leave and family care leave for COVID-19 shall not be included for calculation of the average wage defined under Subparagraph 4 of Article 2 of the Labor Standards Act.

 

7. Securities Firms:The Taiwan Stock Exchange (TWSE) recently announced the Guidelines for Application of Work-from-Home by Securities Firms due to COVID-19(Guideline).  We summarize below:

(1) Application requirements

 A securities firm shall first find another business premise (including the off-site back-up business premises), and shall separately operate the business along with the original business premise.  To apply for work-from-home, any one of the following 3 conditions must be met, that is outbreak of material cases announced by the Central Epidemic Command Center (e.g. local transmission), an employee in the business premise with a confirmed case of COVID-19, or the key business personnel and their proxies in household isolation, quarantine, or self-health management.

(2) Application procedure

 A securities firm shall, enclosing the contingency plan and other required documents, apply to the TWSE, for further forwarded to the FSC for approval.

 

The period of work-from-home shall not exceed 3 months.  However, with justifiable reasons, an extension for another 3 months can be applied for before the expiry date.

The Guideline also lists out the supervisory and control measures for work-from-home of consigned trading, proprietary trading, and settlement and declaration functions, etc.  The operational procedures for work-from-home shall also be included in the internal audit and internal control system of the securities firms.

 

Mike Lu / Sue Su

 

2020-04-17

 

1.Taxation:The Ministry of Finance announced on April 13 to extend the filing deadline for tax return for 2019 to 30 June 2020. The relevant operation periods, including the operation period for information inquiry for income and withholdings and the submission deadline for required documents for e-filing, are also extended accordingly.

 

2.Work-From-Home Policy of Securities Firms, Futures Commission Merchants and Securities Investment Trust Enterprises (SITE):The Financial Supervisory Commission (FSC) stated on 9 April 2020 that securities firms, futures commission merchants and SITE shall meet any of the 4 conditions when implementing their work-from-home policy, including outbreak of material local transmission cases, an employee with a confirmed case of COVID-19, half of the employees or more being in household isolation/quarantine, or any other special needs. The companies' IT security, risk control management, and internal control mechanism shall be in place. Implementation of work-from-home policy by securities firms and futures commission merchants shall be subject to a prior approval from the Taiwan Stock Exchange or Taiwan Futures Exchange followed by a post report to the FSC. Details of relevant measures will be announced by the Taiwan Stock Exchange, Taiwan Futures Exchange and the Securities Investment Trust & Consulting Associa tion of the R.O.C. after discussion.

 

3.Intellectual Property:The Taiwan Intellectual Property Office (TIPO) recently announced again that patent/trademark applicants may ask for reinstatement if the delay of a statutory time period is caused by natural calamity or other causes not attributable to the applicants, according to Article 17 of the Patent Act and Article 12 of the Enforcement Rules of the Patent Act, or Article 8 of the Trademark Act and Article 9 of the Enforcement Rules of the Trademark Act. Therefore, any patent or trademark applicant who fails to comply within a statutory time period due to the COVID-19 may file a request for reinstatement with evidentiary document. According to the TIPO, such cases will be determined leniently on a case-by-case basis.

 

4.Corporate Registration:Certain tax report and accounting software can connect to the "Company, Business, and Limited Partnership One-stop Service Request" system (the System) of the Ministry of Economic Affairs, and in response to the Covid-19 outbreak, the corporate establishment registration information in such tax report and accounting software now can be directly uploaded to the System, which makes the online registration more convenient.

 

2020-04-10

 

1.Taxation:Due to the COVID-19, the Ministry of Finance recently announced various measures  to reduce tax payers’ burden.  They include (i) exemption of income tax on subsidies, incentives and compensation received from the government due to COVID-19; (ii) loss deduction for the following 10 years; (iii) early tax refund; (iv) reduction of business income tax, VAT, vehicle license tax, house tax and the amusement tax; and (v) extension of the filing deadline for various tax and deferral of payment of various tax or payment in installments.

 

2.Corporate Governance:The Financial Supervisory Commission (FSC) has expressed in its guidelines announced for prevention from Covid-19 for shareholders’ meeting that shareholders attending the meeting shall wear false mask throughout the meeting and keep distance in the seating arrangement.    Now the guidelines were amended to include appropriately reducing the working personnel at the meeting venue, keeping distance among counters for distributing gift, and indicating in the meeting notice to ask the attending shareholders to cooperate to receive temperature test at the meeting.  The FSC suggests investors utilizing electronic voting at the meeting during the Covid-19 outbreak period. 

 

3.Private Participation in Infrastructure Projects:On 31 March 2020, the Minister of Finance (MOF) announced a press release that the MOF has required the relevant competent authorities to reduce or defer the payment of the rental or concession fee or to allow the  payment in installments if a private sector participating in the public infrastructure has difficulties in paying the rental or concession fee due to COVID-19.  The MOF also stated that it has passed the draft amendment to Article 4 of the Regulations for Favorable Rentals Regarding Public Land Lease and Superficies in Infrastructure Projects to provide clear legal framework for the above.

 

4.Lease by Insurance Companies:

 

The FSC announced on 2 April 2020 that it will promulgate a set of "temporary measures" to facilitate insurance companies to help their tenants in response to COVID-19:

 

Insurance companies may evaluate how their tenants are affected before deferring or cutting rental or offering other rental-related aids on a case-by-case basis.

 

Insurance companies may submit applications to the FSC for approval to apply temporary measures to those leased and used premises with rental-related aids until 30 June 2021.

 

The lease-out rate and earnings rate of the premises caught by the temporary measures need not be examined each month when temporary measures apply.

 

5.Employment:On 20 March 2020, Labor Insurance Bureau announced a press release that the employer who has reported a non-paid work leaves policy to the local labor competent authority or is the affected industries defined by the competent authorities under Paragraph 3, Article 9 of the Special Act for Control, Subsidy and Revitalization under COVID-19, can apply for a six-month deferral to reserve the labor insurance, employment insurance and labor pension for the employee from April 2020. 

 

6.Foreigner Investment:The Investment Commission announced on 9 April 2020 that for applications which are unable to provide an notarized, legalized or authenticated original copy of power of attorney due to impact of COVID -19 outbreak on the express couriers, investors may provide an electronic copy or photocopy first for the application followed by a supplement of the original copies in 6 months after the approval.

 

Mike Lu / Sue Su

 

2020-04-01

1. Employment :The Taiwan Central Epidemic Command Center (CECC), Ministry of Labor (MOL) and Financial Supervisory Commission (FSC) have announced many rulings to deal with quarantine, independent health management (IHM), stay-at-home, respirators, leaves (with or without payment), termination, measures for health test, occupational safety and health, business travel, etc.  The MOL also provides a standard agreement together with guideline for the temporary reduction of the working day and wage to accommodate the extreme economic impact.

 

2. Contract performance: The outbreak, if resulting in any shutdown of business operation or any failure to perform contracts, such as failing to hold activities (e.g. concert, exhibition or seminar) due to restriction on gathering, failing to provide property for use due to lock-down, failing to provide service due to restriction on travel etc., may constitute a force majeure (不可抗力), change of circumstance (情勢變更) or a cause that is not attributable (不可歸責) to your company.  Proper measures may need to be taken so as to make allegation or help mitigate the risk of breach of contract or other legal liabilities.

 

3. Government procurement: The Public Construction Commission has announced on 6 March 2020 that if the outbreak would cause adverse impact on the performance of the government procurement contract, the contractor may submit relevant facts and evidences to the relevant procuring agency to seek for an extension of performance period or a waiver if the performance becomes impossible.

 

4. Taxation: From 15 January 2020 to 30 June 2021, if the outbreak has a material adverse impact on the revenues or business of the tax payer causing the taxpayer fails to pay in full a tax within the statutory period, the taxpayer may file an application with the tax authorities to defer certain tax payment for up to one year or to make the payment in installments within up to three years.

 

5. Rental reduction: The Central Bank of the Republic of China (Taiwan) (CBC) announced that the discount rate, the rate on accommodations with collateral, and the rate on accommodations without collateral were reduced by 0.25 % points to 1.125%, 1.50%, and 3.375%, respectively on 20 March 2020.  Such movement may reduce the required return rate for the rent and leasing activities of insurance companies.  In addition, insurance industry has requested the FSC to further reduce the required rent return rate.   Further, the central government is now considering reducing the rent for the premises leased out by the government.   Tenants may consider a commercial request for rent reduction.  

 

6. Wet signature requirement: Unless otherwise required under law or any specific agreement or document, Article 4 of the Electronic Signatures Act allows an electronic document to be served as a declaration of intent if agreed by the counter party.  As such, specific expression by email of consent or disagreement should be able to serve as evidence for the intended purpose, provided that the parties involved agree to the formality of the electronic mechanism.

 

7. Capital market: The FSC announced the following measures to stabilize the securities market, which took effect for 3 months starting from 19 March 2020:

 

(1)   For covered short selling, the number of shares of any one issuer sold short on any given trading day by all sellers combined was reduced from thirty percent (30%) of the daily average trading volume of the same category of such issuer’s securities during the previous thirty (30) business days to ten percent (10%), provided that the covered short selling by securities firms or futures dealers for certain hedging or market maker purpose is not restricted; and

 

(2)   The scope of permissible collaterals for margin trading was relaxed.  Namely, with the consent of the lenders, the investors may provide collaterals with liquidity and of which the value may be reasonably and objectively evaluated for the shortfall of the margins.

 

The FSC further announced to apply uptick rule on all stocks effective on 19 March 2020.  Namely, except for shorts by securities firms or futures dealers for certain hedging purpose, if the closing price of a particular stock falls 3.5% or more on a trading day, no short can be made on the next trading day if the price of the respective stock is below the closing price of the last trading day.  

 

In addition, the FSC called for the securities proprietary traders and insurance companies to invest in Taiwan securities market, and encouraged Taiwan listed companies to buy back shares.  The FSC also emphasized that it may evaluate and take appropriate measures timely in case the stock market unreasonably crashes.

 

8. Asset management business – The FSC approved an amendment by the Securities Investment Trust and Consulting Association (SITCA) to the template agreement for securities investment trust fund (including template trust agreements for domestic open-ended equity funds, overseas equity funds (i.e. multi-currencies denominated funds and NTD multi-currency funds, open-ended balanced funds, and open-ended fund of funds) to allow the reduction on the NAV threshold for termination of the agreement to average of NTD 50 million (around USD1.6 million) for the latest 30 business before 30 September 2020.  Any amendment to the existing executed trust agreement reflecting the change does not require an approval of the beneficiary meeting but an application with a legal opinion on no material impact on the rights and benefits of beneficial owners shall be submitted to the FSC for approval.

 

9. Insurance Products - The FSC approved an amendment to the "Recognizing Standard of New Type of Life Insurance Product", providing that to rapidly satisfy the demand of medical insurance for consumers and relevant epidemic prevention agencies, medical insurance products which only shorten or cancel its waiting time for legal infectious disease would not be recognized as a new type of life insurance product, thus the issuance of such modified medical insurance products will not need to apply for and receive prior approval from the competent authority accordingly.

 

In addition to the above, the states, counties and cities in all other jurisdictions, all have different rules and it is important for multinational companies to examine the relevant and complicated rules in each place and operations in employment, transportation, infrastructure, taxation, health care services/medical devices, etc. as well.   In the interest of making timely guidance and resources, more alerts, podcasts or webinars may be available to you.  Again, feel free to contact us if you have any need or questions. 

 

Mike Lu / Kang-Shen Liu

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

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

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

Lexcel Partners was enlisted by Legal 500, as one of recommended firms in 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 was enlisted by Bloomberg as one of Leading Law Firms in the Taiwan region.

Lexcel Partners was enlisted as one of the Leading Firms in Taiwan by Chambers Asia Pacific.

Mike Lu, attorney at law, Echo Yeh and/or Sue Su, counselors of Lexcel Partners, were enlisted as one of the leaders in Taiwan by Chambers Asia Pacific.

Lexcel Partners was enlisted by IFLR 1000 (International Financial Law Review), as one of the recommended firms in Taiwan.

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.