{"id":6317,"date":"2026-09-22T19:21:36","date_gmt":"2026-09-22T11:21:36","guid":{"rendered":"https:\/\/www.lexgroup.com.tw\/6317\/"},"modified":"2026-09-22T19:41:22","modified_gmt":"2026-09-22T11:41:22","slug":"%e6%83%87%e5%ae%89%e6%b3%95%e4%bb%a4%e9%9b%99%e9%80%b1%e5%88%8a-%e7%ac%ac496%e6%9c%9f","status":"publish","type":"post","link":"https:\/\/www.lexgroup.com.tw\/en\/6317\/","title":{"rendered":"Lexgroup Newsletter (Issue No. 496)"},"content":{"rendered":"\n

Administrative Law<\/strong><\/strong><\/strong><\/p>\n\n\n\n

1.Draft Amendments to Selected Articles of the Administrative Procedure Act<\/u><\/em><\/strong><\/strong><\/p>\n\n\n\n

To address the development of diverse electronic processing methods for administrative affairs by administrative authorities, and recognizing that the Internet has become a crucial medium for public participation in administrative matters in the digital age, thereby necessitating general regulations regarding the digitization of administrative procedures, the Ministry of Justice announced a draft amendment to selected articles of the Administrative Procedure Act on 7 September 2026.\u00a0 The key points of the amendment are as follows:<\/p>\n\n\n\n

(1) Administrative acts performed by administrative authorities may be conducted electronically, unless otherwise prescribed by law.\u00a0 Where an electronic record is used, the provisions of the Electronic Signatures Act concerning electronic records shall apply, unless otherwise prescribed by this Act or other laws. (Addition of Article 3-1)<\/p>\n\n\n\n

(2) Administrative authorities may establish information systems and identity verification mechanisms to enable the public to electronically submit applications or declarations for various administrative matters (e.g., applying for subsidies or filing income tax returns online) or to perform other administrative procedural acts (e.g., submitting petitions via an authority head’s mailbox). (Addition of Article 3-2)<\/p>\n\n\n\n

(3) Upon obtaining the consent of the person to be served upon, an administrative authority may effectuate the service of an administrative disposition, which is required by law to be served, by transmitting it to an information system designated by the person to be served upon; the amendment also specifies the time at which service becomes effective and the exceptions where service is deemed ineffective. (Addition of Article 68-1)<\/p>\n\n\n\n

(4) Upon obtaining the consent of the person to be served upon, an administrative authority may effectuate the service of an administrative disposition, which is required by law to be served, by uploading it to the authority’s information system and notifying the recipient to download it from said system; the amendment also specifies the time at which service becomes effective and the exceptions where service is deemed ineffective. (Addition of Articles 68-2 and 68-3)<\/p>\n\n\n\n

(5) It is expressly stipulated that electronic records constitute one of the permissible forms for issuing administrative dispositions; however, the issuance of an administrative disposition in the form of an electronic record requires the consent of the person who is subject to it. (Amendment to Article 95)<\/p>\n\n\n\n

Reported by: David Tsai \/ Jennifer Hsiao<\/strong><\/strong><\/p>\n\n\n\n

Corporate<\/strong><\/p>\n\n\n\n

2.Limitation on Number of Investors in Corporate Bonds<\/u><\/em><\/strong><\/strong><\/strong><\/p>\n\n\n\n

On 28 August 2026, the Ministry of Economic Affairs (MOEA) issued Interpretation No. 11568001360 (Ruling), clarifying the calculation of the 35-person limit applicable to private placements of corporate bonds under Paragraph 3, Article 248 of the Taiwan Company Act:<\/p>\n\n\n\n

(1) Investors in all outstanding private placements must be aggregated<\/p>\n\n\n\n

(a) Under the Ruling, the statutory limit of 35 persons applies to both natural persons and legal entities participating in private placements of corporate bonds by companies whose shares are not publicly issued.<\/p>\n\n\n\n

(b) For purposes of determining the 35-person limit, a company may not calculate the number of investors separately for each individual private placement.\u00a0 Instead, the company must aggregate the investors participating in all of its private placements of corporate bonds that have not yet matured.<\/p>\n\n\n\n

(c) Accordingly, when a company conducts a new private placement of corporate bonds, investors in its previous private placements must generally continue to be included in the calculation as long as the relevant bonds have not yet matured.<\/p>\n\n\n\n

(2) The same investor is counted only once<\/p>\n\n\n\n

(a) Where the same investor participates in more than one private placement of corporate bonds issued by the same company, that investor is counted only once toward the 35-person limit.<\/p>\n\n\n\n

(b) The limit therefore focuses on the number of distinct investors, rather than the number of subscriptions, bond tranches or private placement transactions in which an investor has participated.<\/p>\n\n\n\n

Reported by: Mike Lu \/ Bradley Chen<\/strong><\/p>\n\n\n\n

Securities<\/strong><\/p>\n\n\n\n

3.Amendment to Article 27-1 of the Corporate Social Responsibility Best Practice Principles for TWSE\/TPEx Listed Companies to Enhance Social Impact<\/u><\/em><\/strong><\/p>\n\n\n\n

On 9 September 2026, the Taipei Exchange announced an amendment to Article 27-1 of the Corporate Social Responsibility Best Practice Principles for TWSE\/TPEx Listed Companies, effective immediately.\u00a0 The amendment was made to align with government policy to encourage companies to broaden the scope of their resource allocation and enhance their social impact.\u00a0<\/p>\n\n\n\n

In addition to continuing to support cultural and artistic activities or cultural and creative industries through donations, sponsorships, investments, procurement, strategic partnerships, corporate volunteer technical services, or other forms of support, TWSE\/TPEx listed companies are now encouraged to extend their resource allocation to sports events or the sports industry; school, family, or social education; and other areas that contribute to the public interest or social development.<\/p>\n\n\n\n

Reported by: Mike Lu \/ Maggie Tsai<\/strong><\/strong><\/p>\n\n\n\n

Securities<\/strong><\/p>\n\n\n\n

4.Ruling Regarding Information Sharing Among Financial Institutions by Securities and Futures Institutions<\/u><\/em><\/strong><\/p>\n\n\n\n

On 1 September 2026, the Financial Supervisory Commission (FSC) issued a ruling regarding information sharing among financial institutions by securities and futures institutions, and repealed the previous ruling dated 20 January 2022.<\/p>\n\n\n\n

Under the new ruling, the FSC removed the requirements under the previous ruling that, where securities and futures institutions share information with financial institutions outside the scope of Subparagraph 1, Point 2 of the ruling for the purpose of facilitating customer services or jointly conducting business, they must, as applicable, obtain prior approval from the FSC or make a post report to the relevant industry association.<\/p>\n\n\n\n

Accordingly, such information-sharing arrangements are no longer subject to the previous FSC approval or industry association filing requirements.<\/p>\n\n\n\n

Reported by: Jeffrey Liu \/ Zoe Chen<\/strong><\/strong><\/p>\n\n\n\n

Taxation<\/strong><\/strong><\/strong><\/p>\n\n\n\n

5.Value-Added Tax on Virtual Assets and Stablecoins<\/u><\/em><\/strong><\/p>\n\n\n\n

On 3 September 2026, the Ministry of Finance issued a ruling, which provides that sale of virtual assets and stablecoins as defined under Subparagraphs 1 and 6, Article 3 of the Virtual Asset Service Act is outside the scope of value-added tax (VAT).<\/p>\n\n\n\n

Reported by: Stacy Lo \/ Oscar Chung<\/strong><\/strong><\/p>\n\n\n\n

Intellectual Property<\/strong><\/strong><\/p>\n\n\n\n

6.Extension of Trial Period for the Accelerated Examination Program for Reexamination for Another Year<\/u><\/em><\/strong><\/p>\n\n\n\n

On 2 September 2026, the Taiwan Intellectual Property Office (TIPO) announced that the trial period for the Accelerated Examination Program for Reexamination (AEPRe) is extended for another year from 1 September 2026.<\/p>\n\n\n\n

AEPRe applies to reexamination proceedings where partial claim rejection has occurred during the initial examination.\u00a0 Applicants are encouraged to amend the claims during reexamination in conformity with the scope deemed allowable in the initial examination decision, thereby rendering the case eligible for accelerated processing under AEPRe.<\/p>\n\n\n\n

Since its initial launch on 1 September 2024, the AEPRe program has achieved an average examination period of only 24.5 days from application submission to decision, which is a stark contrast to the typical 10 to 13 months required for standard reexamination. The program therefore provides substantial benefits to applicants seeking timely patent protection, and TIPO has accordingly decided to continue its trial implementation for another one year.<\/p>\n\n\n\n

Reported by: Linda Cheng \/ Alicia Lin<\/strong><\/strong><\/p>\n\n\n\n

SICE\/SITE<\/strong><\/strong><\/p>\n\n\n\n

7.Financial Supervisory Commission Ruling: Sustainability Disclosure Requirements under Article 13, Paragraph 1 of the Regulations Governing Securities Investment Trust Enterprises<\/u><\/em><\/strong><\/p>\n\n\n\n

On 3 September 2026, the FSC issued a ruling (Ruling) pursuant to Paragraph 1, Article 13 of the Regulations Governing Securities Investment Trust Enterprises, requiring securities investment trust enterprises (SITEs) to apply the IFRS Sustainability Disclosure Standards(Sustainability Disclosure Standards) on a phased basis according to their assets under management and to prepare sustainability-related financial information accordingly.\u00a0 We summarize below:<\/p>\n\n\n\n

(1) To require SITEs with assets under management of NT$600 billion or more to apply the Sustainability Disclosure Standards from fiscal year 2027; those with assets under management of NT$300 billion or more but less than NT$600 billion from fiscal year 2028; and those with assets under management of NT$100 billion or more but less than NT$300 billion from fiscal year 2029, with the relevant information to be reported from the respective following year.<\/p>\n\n\n\n

(2) To require SITEs meeting the applicable criteria to prepare sustainability-related financial information approved by the board of directors as part of their annual consolidated or individual financial reports, with disclosures covering the core areas of governance, strategy, risk management, and metrics and targets.\u00a0 Such sustainability-related financial information need not be audited or reviewed by the certifying CPA.<\/p>\n\n\n\n

(3) To allow SITEs, during the annual reporting period in which they first apply the Sustainability Disclosure Standards, to disclose only climate-related information, provided that they disclose this fact, and to require greenhouse gas emissions included in such climate-related information to be measured in accordance with applicable requirements prescribed under the Ruling and methodologies prescribed or recognized by the FSC.<\/p>\n\n\n\n

(4) To require SITEs, following the application of the Sustainability Disclosure Standards, to obtain independent third-party assurance on Scope 1 and Scope 2 greenhouse gas emissions information at the consolidated-entity level, while the disclosure requirements for Scope 3 greenhouse gas emissions information shall apply beginning with the third fiscal year in which the Sustainability Disclosure Standards are applied.<\/p>\n\n\n\n

(5) To allow SITEs to adopt the Sustainability Disclosure Standards early in accordance with the applicable requirements, and to require SITEs that have already applied the Sustainability Disclosure Standards and prepared sustainability-related financial information in accordance with the relevant requirements to comply with the assurance and disclosure requirements for greenhouse gas emissions information prescribed under the Ruling.<\/p>\n\n\n\n

(6) The Ruling takes effect on the date of issuance.<\/p>\n\n\n\n

Reported by: Jeffrey Liu \/ Oscar Chung<\/strong><\/strong><\/p>\n\n\n\n

8.Draft Regulations Governing Foreign Currency Financing by Securities Firms Accepting Orders to Trade Foreign Securities and Related Draft Amendments<\/u><\/em><\/strong><\/p>\n\n\n\n

On 7 September 2026, the FSC published for public consultation draft regulations permitting eligible securities firms, subject to FSC approval, to provide foreign currency financing in connection with eligible foreign securities transactions. The public comment period runs from 8 September through 6 November 2026.<\/p>\n\n\n\n

The proposals set out eligibility requirements, financing and credit limits, collateral and risk-control requirements. Foreign securities purchased with such financing would generally serve as collateral, subject to collateral maintenance and margin call requirements. Related amendments would also address transaction documentation, default reporting, custody and personnel requirements.<\/p>\n\n\n\n

Reported by: Jeffrey Liu \/ Maggie Tsai<\/strong><\/strong><\/p>\n\n\n\n

Editors:<\/strong>
Mike Lu\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Partner)<\/strong>
Stacy Lo\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Partner)<\/strong>
Jeffrey Liu\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Partner)<\/strong>
Kang-Shen Liu\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Partner)<\/strong>
David Tsai\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Partner)<\/strong>
Angela Lin\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Partner)<\/strong>
Paul Hsu\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(Partner)<\/strong><\/td>		Counselors:<\/strong>
Echo Yeh<\/strong>
Sue Su<\/strong>
Jolene Wang (Lexcel Partners IP Firm)<\/strong><\/td><\/tr><\/tbody><\/table><\/figure>\n","protected":false},"excerpt":{"rendered":"

Administrative Law 1.Draft Amendments to Selected Articles of the Administrative Procedure Act To address the development of diverse electronic processing […]<\/p>\n","protected":false},"author":1,"featured_media":628,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[37],"tags":[],"class_list":["post-6317","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-biweekly-newletter"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/posts\/6317","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/comments?post=6317"}],"version-history":[{"count":2,"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/posts\/6317\/revisions"}],"predecessor-version":[{"id":6320,"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/posts\/6317\/revisions\/6320"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/media\/628"}],"wp:attachment":[{"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/media?parent=6317"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/categories?post=6317"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lexgroup.com.tw\/en\/wp-json\/wp\/v2\/tags?post=6317"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}