Criteria Governing Trust Registration of Stock by Non-Public Companies

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=J0080032

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Article 1


These criteria are prescribed in accordance with Paragraph 2 of Article 4 of the Trust Law.


Article 2


For non-public companies to process the transfer of stock certificates for a trust in respect of stock, the procedures shall be as follows:
1.The settlor and the trustee shall complete the transfer application and sign or chop the backside of the stock certificate.
2.Attach the trust deed or will, and related supporting documents of the tax authority, and upon confirmation by the company, the stamp "trust property" and a date stamp shall be stamped on the roster of shareholders and on the backside of the stock certificate.
3.Where the trustee has been changed, an application for change shall be made by attaching the reason for the change.
4.Where the trust deed specifies that the beneficiary of the whole or any part of the trust interest is the settlor and, during the term of the trust relationship, such beneficiary is changed to a person other than the settlor, relevant supporting documents from the tax authorities shall be attached.
5.When the trust relationship has been terminated, and by law the trust property belongs to the settlor, documents evidencing that the trust relationship has terminated shall be attached, and upon confirmation by the company, the application to cancel the trust registration shall be made; where by law the trust property belongs to a person other than the settlor, related documents issued by the tax authority shall be attached, and upon confirmation by the company, the application to cancel the trust registration shall be made, and the stamp "registration of belonging of trust" and a date stamp shall be stamped on the roster of shareholders and on the backside of the stock certificate.


Article 3


These criteria shall become effective on the date of promulgation.