| 2011.09.05 |
Enforcement Rules of the Personal Property Secured Transactions Act
[Chinese]
|
Article 1
These Enforcement Rules are adopted pursuant to Article 42 of the Personal Property Secured Transactions Act (“the Act”).
Article 2
The designation of goods that may be the subject property of personal property secured transactions as prescribed in Article
4, paragraph 2 of the Act are as provided in the Appendix.
Appendix List of Subject Property of Personal Property Secured Transactions
Category 1 Agricultural, forestry, livestock, and fishery products:
Subcategory 1 Agricultural products: cereals, wheat, barley, beans and peas, raw cotton, raw hemp, tobacco, tea, sugar cane
and bagasse, cocoa beans, coffee beans, corn, peanuts, seeds and nuts for oil extraction, citronella grass, mat-rush, sapium
sebiferm (Chinese tallow) seeds, grain straw, and husks.
Subcategory 2 Forestry products: Natural rubber, coniferous wood in round logs, coniferous wood in square logs, non-
coniferous wood in round logs, non-coniferous wood in square logs, raw timber in rough-cut logs not otherwise specified,
plants for dye making, natural gum, turmeric, and bamboo.
Subcategory 3 Livestock products: Cattle, horses, goats, and sheep, hogs, poultry, hides of cattle, horses, goats and sheep,
horsehair, hog bristles, silk-worm cocoons, and feathers.
Subcategory 4 Fishery products: Aquaculture-raised fishery products, frozen fishery products, frozen shellfish and fishery
products, corals, and shells.
Category 2 Mineral products:
Subcategory 1 Coal: Coking coal and coal for fuel.
Subcategory 2 Metal ores: Iron ore and concentrates, copper ore and concentrates, nickel ore and concentrates, iron
sulfides, iron sulfides and bauxite ore and concentrates, and manganese ore and concentrates.
Subcategory 3 Crude oil and natural gas: Crude oil and natural gas.
Subcategory 4 Earth, stone, and gravel: Slate, granite, porphyry, sandstone, limestone, chalk, silica sands, and
quartzite.
Subcategory 5 Crude salt: Crude salt.
Subcategory 6 Other non-metallic mineral products: Natural sodium nitrate, natural phosphate, crude potassium salts,
gypsum, industrial diamonds, sulfur, natural graphite, sulfur, natural graphite, asbestos, mica, talc (steatite), natural
borax, feldspar, marble, crystal, dolomite, china and porcelain clay, and fire clay.
Category 3 Food, beverage, tobacco and alcohol products:
Subcategory 1 Slaughtered and preserved meat products: Beef, mutton, pork, poultry, other prepared and canned meat
products, fats of beef, mutton, pork, and poultry, and fats and oils of fish and fishery products.
Subcategory 2 Dairy products: Dried milk, condensed milk, powdered milk, butter, and cheese.
Subcategory 3 Canned and preserved vegetables, fruits, and aquatic products: Frozen, pickled, dehydrated, canned, and sun
-dried fruit and vegetable products and candied fruit products; dried, pickled, smoked, and canned fishery products.
Subcategory 4 Milled food and feeds: Rice, wheat flour, cereal flour of all kinds, cereal of all kinds, bean flour of all
kinds, potato flour and strips, bran and wheat bran, bean cakes, peanut cakes and flour, and feedgrains.
Subcategory 5 Sugar and sugar products: Cane sugar, honey, and confectionery.
Subcategory 6 Other food and beverage: Frozen, processed, and prepared egg products, processed cereal grain and cereal
germ, coffee powder, cocoa powder, tea leaves, seasoning of all kinds, edible vegetable oil of all kinds, table salt, and
bottled or canned beverages of all kinds.
Subcategory 7 Tobacco and alcohol products: Tobacco leaves and tobacco products, and alcohol products of all kinds.
Category 4 Textile products and raw materials, leather, wood products, and other related articles:
Subcategory 1 Textiles, knitted articles, and woven articles: Animal, vegetable, and man-made fibers of all kinds for
textile use; yarn, threads, and their fabrics and processed goods; embroidery products; cordage, cables, ropes, and nets;
other articles made of cordage, cables, ropes, and threads; apparel, clothing, and other articles made of textiles; rags for
paper making; knitted articles of all kinds; woven articles of all kinds.
Subcategory 2 Leather and leather products: Artificial leather and artificial leather products, and animal leathers of all
kinds and animal leather products.
Subcategory 3 Wood, cork, and related products: Raw wood timber, semi-processed wood, remanufactured wood products,
plywood, cork products, furniture, and non-furniture wood products.
Subcategory 4 Paper pulp, paper, and paper products: Paper pulp of all kinds, paper of all kinds, paperboard of all kinds,
all kinds of paper products, and scrap paper for paper making.
Subcategory 5 Rubber and rubber products: Rubber material of all kinds, semi-finished rubber products of all kinds,
finished rubber products of all kinds, and unhardened rubber waste.
Category 5 Non-metallic mineral products:
Subcategory 1 Products of petroleum refining: Gasoline, kerosene, jet fuel, diesel fuel, fuel oil, asphalt, lubricating
oil, liquefied oil, and petrochemical products.
Subcategory 2 Refined coal and natural gas products: Coking coal, hard coal, coal products, mineral jellies (e.g.
Vaseline), mineral waxes (e.g. paraffin), asphaltic bitumen, carbon black, and compressed gas.
Subcategory 3 Earth and stone products for building: Lime, fire clay products, refractory cement or mortar,
concrete products, and building bricks.
Subcategory 4 Glass and articles thereof: All kinds of glass and glass products.
Subcategory 5 China, ceramics, and earthenware products: Porcelain products of all kinds, ceramic products of all kinds,
and earthenware products of all kinds.
Subcategory 6 Cement and cement products: Cement, cement clinkers, and cement products.
Subcategory 7 Non-metallic mineral products not otherwise specified: Composite products of asbestos and cement or asbestos
fiber and cement, fire-retardant products other than fire-resistant building materials, and asbestos products.
Category 6 Chemicals:
Subcategory 1 Industrial chemicals: Industrial chemicals of all kinds.
Subcategory 2 Dyes and pigments: All kinds of dyes and pigments and dye and pigment products.
Subcategory 3 Pharmaceuticals: Vitamins and vitamin products; antibiotics of all kinds; hormone preparations; glucoside
and glucoside derivatives; organic glands or other organs and organ extracts for medical use; fungal products; blood plasma;
vaccines; injections of all kinds; medical pills, medicinal powders, liquid medicines, and other medicines of all kinds;
articles impregnated or coated with pharmaceutical substances or surgical dressings of all kinds; all kinds of Chinese
medicinal substances and preparations; other items for pharmaceutical purposes.
Subcategory 4 Aromatic materials, cosmetics, and cleaning agents: Aromatic essential oils and resins, citronella oil,
peppermint oil, menthol, camphor, camphor oil, perfumes, tooth pastes, and other cosmetic preparations, soaps of all kinds,
cleaning agents of all kinds, and oils, waxes, creams, or powders for cleaning leather, wood, hardware, glass, and other
materials.
Subcategory 5 Chemical fertilizers: Nitrogenous fertilizer, phosphatic fertilizer, potassic fertilizer, and other chemical
fertilizers.
Subcategory 6 Plastics: All kinds of raw materials for plasitcs, cellulose acetate, plastic products, processed plastic
goods, and recycled plastic beads.
Subcategory 7 Other chemical products: Inedible vegetable oil of all kinds, inedible animal fat or oil of all kinds,
insecticides, preservatives, disinfectants, agricultural chemicals of all kinds, inks, and matches.
Category 7 Base metals and metal alloy products:
Subcategory 1 Ferrous metals: Iron, steel, iron and steel alloys, and ferrous scrap metals.
Subcategory 2 Non-ferrous metals: All kinds of non-ferrous metals, non-ferrous alloys, and non-ferrous scrap.
Category 8 Machinery, equipment, apparatus, and tools:
Subcategory 1 General machinery, equipment, apparatus, and tools
Boilers and boiler apparatus of all kinds; engines, motors, and engine and motor apparatus of all kinds; pumps of
all kinds; all kinds of metal smelting and casting and associated machinery; machine tools of all kinds; all kinds of
machinery, apparatus, and tools for manufacturing; all kinds of machinery, apparatus, and tools for processing; all kinds of
machinery, apparatus, and tools for packaging; all kinds of machinery, apparatus, and tools for commercial use; all kinds of
machinery, apparatus, and tools for office use; all kinds of machinery, apparatus, and tools for household use; other
machinery, apparatus, and tools of all kinds; quality-control and inspection apparatus of all kinds; machine parts of all
kinds.
Subcategory 2 Electrical machinery and electrical engineering apparatus Electrical machinery, equipment, and apparatus,
electrical engineering apparatus of all kinds for industrial use, electrical engineering apparatus of all kinds for
commercial use, electrical engineering apparatus of all kinds for communication, electrical engineering apparatus of all
kinds for lighting, electrical engineering apparatus of all kinds for household use, and all kinds of dry batteries,
transistor apparatus and products.
Subcategory 3 Transport equipment Automobiles, and large heavy-duty motorcycles and trailers.
Subcategory 4 Fishing vessels and boats other than fishing vessels Fishing vessels, and boats other than fishing vessels.
Category 9 Agricultural machinery:
Subcategory 1 Machinery for soil preparation: Field cultivators, tractors and associated machinery and tools, and trench
digging machines of all kinds.
Subcategory 2 Machinery for planting and fertilizing: Sowing machines, rice transplanters, transplanters, fertilizer
distributors, and apparatus for seedling raising of all kinds.
Subcategory 3 Machinery for harvesting and feed preparing: Harvesting machines, threshing machines, motorized grass-
cutting machines, grain dryers and apparatus, seed-grading machines, feed preparation machines, and milking machines of all
kinds.
Subcategory 4 Machinery for maintenance: All kinds of motorized sprayers (dusters), water pumps, sprinkling and irrigation
devices, row crop cultivators, and mowers for agricultural use.
Category 10 Other products:
Subcategory 1 Scientific instruments and apparatus: Medical instruments and apparatus of all kinds, teaching instruments
and apparatus of all kinds, optical instruments and apparatus of all kinds, experimental instruments of all kinds for
physical and chemical analysis, X-ray instruments of all kinds, control instruments for industrial use, metering and
measuring instruments of all kinds, all instruments of weights and measures, drawing instruments, hydrometers, thermometers,
all instruments for measuring liquid or gaseous substances, fish finders, hearing aids, other instruments and apparatus of
all kinds.
Subcategory 2 Photographic equipments and films: Video cameras and implements of all kinds; motion-picture cameras,
projectors, sound recorders, video recorders and players and implements of all kinds; slide projectors of all kinds,
photographic materials and equipment of all kinds; films of all kinds; other cinematography and photography equipment.
Subcategory 3 Clocks and watches: Clocks and watches of all kinds.
Subcategory 4 Musical instruments: Pianos of all kinds, brass instruments of all kinds, stringed instruments of all kinds,
wind instruments of all kinds, percussion instruments of all kinds, electric musical instruments of all kinds, and other
musical instruments of all kinds.
Subcategory 5 Other products: Educational items of all kinds, handicrafts of all kinds, sporting goods of all kinds,
stationery of all kinds, and natural and artificial human hair.
Article 3
The registration authorities for personal property secured transactions as provided in Article 6 of the Act are as follows:
1. For machinery, equipments, tools, raw materials, semi-finished products, and finished products located within an export
processing zone, the Export Processing Zone Administration shall be the registration authority.
2. For machinery, equipments, tools, raw materials, semi-finished products, and finished products located within a science
park, the Science Park Administration shall be the registration authority.
3. For machinery, equipments, tools, raw materials, semi-finished products, and finished products located within an
agricultural technology park, the Agricultural Technology Park Administration shall be the registration authority.
4. For agricultural machines, apparatus, and agricultural, forestry, fishery and livestock products and livestock, if located
in a special municipality, the special municipality government shall be the registration authority; if located in an area
other than a special municipality, the Council of Agriculture, Executive Yuan, shall be the registration authority.
5. For machinery, equipments, tools, raw materials, semi-finished products, and finished products other than those referred
to in the preceding subparagraphs, if located in a special municipality, the special municipality government shall be the
registration authority; if located in an area other than a special municipality, the Ministry of Economic Affairs shall be
the registration authority.
6. For fishing vessels, if registered in a special municipality, the special municipality government shall be the
registration authority; if registered in an area other than a special municipality, the Fisheries Agency, Council of
Agriculture, Executive Yuan, shall be the registration authority.
7. For boats other than fishing vessels, if located in a special municipality, the special municipality government shall be
the registration authority; if located in an area other than a special municipality, the Ministry of Transportation and
Communications shall be the registration authority.
8. For automobiles, and large heavy-duty motorcycles and trailers, if registered in a special municipality, the special
municipality government shall be the registration authority; if registered in Fujian Province, the Fujian Provincial
Government shall be the registration authority; if registered in Taiwan Province, the Directorate General of Highways,
Ministry of Transportation and Communications shall be the registration authority.
If the registration authority referred to in subparagraph 1 of the preceding paragraph has a branch office, it may delegate
to a branch office to handle registration.
A registration authority located in an area other than a special municipality, as referred to in paragraph 1, subparagraphs 4
to 6, may commission the county (or city) government of the location of the subject property to handle registration.
With regard to a registration authority referred to in paragraph 1, subparagraph 7, a special municipality government may
commission the shipping administration authority of the location of the subject property to handle registration; the Ministry
of Transportation and Communications may delegate to the shipping administration authority of the location of the subject
property or commission the county (or city) government of the location of the subject property to handle registration.
The registration authority referred to in paragraph 1, subparagraph 8 may delegate to or commission a motor vehicle authority
in charge of highway supervision to handle registration.
Article 4
The application for registration of a personal property secured transaction shall be made with the registration authority
jointly by the parties to the contract or their agents.
If there is any change to the content of any registered matter, the parties to the contract or their agents shall jointly
apply to the original registration authority for amendment registration, submitting documentary proof.
Article 5
When applying for registration pursuant to Article 7 of the Act, the following documents shall be submitted:
1. Registration application form.
2. Power(s) of attorney, if the application for registration is filed through an agent or agents.
3. Contract providing the cause of the application for registration, and duplicate thereof.
4. Documents certifying the parties to the contract, which shall also give the name, date of birth, and domicile of the
representative, if any, of the party.
5. If the subject property has documentary proof of title or a license for use, the document or license.
6. If the creation of mortgage on the subject property requires approval by a competent authority, the document evidencing
such approval.
7. Undertaking by the debtor stating that the debtor is free of any circumstance under Article 8 herein.
Article 6
The matters to be registered for a personal property secured transaction are as follows:
1. Registration of the mortgage of the personal property.
2. Registration of the conditional sale.
3. Registration of the possession in trust.
4. Registration of extension of the effective period.
5. Registration of change of ownership of the subject property.
6. Registration of change to the subject property.
7. Registration of cancellation of the security right in the personal property.
8. Other related registrations.
Article 7
The registration application form shall include the following information:
1. Cause of registration.
2. For the subject property under registration, the name, type, specifications, brand, quantity, manufacturer, manufacturing
model, engine number, date of manufacture, location, and, if a license is held, the license number.
3. Registration authority.
4. Date of application.
5. For each applicant, provide the name of the individual or entity, date of birth, national ID number, government uniform
invoice number or tax ID number, and domicile/residence or place of business.
6. If the application is filed by an agent or agents, the name, national ID number, date of birth, and domicile of each
agent.
7. The type and amount of the secured claim.
8. Other matters required to be recorded.
Article 8
A debtor who falls in any of the following circumstances may not apply for registration of a personal property secured
transaction:
1. The debtor has previously been pronounced bankrupt and the debtor’s rights have not yet been restored, or the debtor is
in a pending bankruptcy proceeding.
2. The debtor does not have full title to the subject property.
3. The subject property is subject to provisional attachment or provisional injunction.
Article 9
The registration authorities shall establish and keep the following registration forms, documents, and books:
1. Registration application forms.
2. Record book of documents received in connection with registrations.
3. Registration books.
4. Index to registrations.
5. Other forms, documents, and books.
The forms, documents, and books referred to in the preceding paragraph shall be printed in the format provided by the
respective registration authority, and may be processed by computer.
Article 10
The registration books kept by the registration authority shall note the name of each individual or entity who is a party to
the contract, their national ID number, profit-seeking enterprise uniform serial number, or withholding entity tax code
number, domicile/residence or place of business, the date the contract was entered into, a description of the subject
property, its price, the type and amount of the claim secured, and the effective period of the contract; when there is any
amendment registration, the amended matter and the date thereof.
An amendment registration referred to in the preceding paragraph shall be added as a notation to the registration.
After the notation is added, the information to be amended in the original registration shall be deleted.
Registration books referred to in paragraph 1 herein may be separately established dependent upon local circumstances, types
of transactions, and categories of subject property. Each registration book shall indicate in text on the front cover the
type of transaction or the category of subject property, and one copy of each registration book shall be available.
Article 11
On the contract and duplicate thereof submitted by the registration applicants, the registration authority shall make a
notation of the registration serial number, date, and type of claim secured, and return the contract to the applicants after
affixing the official seal.
Article 12
For identification purposes, the registration authority shall make a brand on, or mark by some clearly distinguishing method,
a conspicuous part of a subject property that has been registered.
The registration authority may authorize the creditor to perform the branding or marking referred to in the preceding
paragraph on behalf of the registration authority.
Article 13
Within three working days after receiving the application for registration, the registration authority shall complete the
registration procedures, and issue the registration certificate in one original and one copy.
Article 14
After completing a registration, the registration authority shall publish the registration on a website or publicly announce
it by another appropriate means pursuant to Article 8 of the Act, for a period of 30 days.
Article 15
When there is any error or omission in the publicly announced particulars, the registration applicants shall, within the
public announcement period, apply to the registration authority for correction. In such event, the registration authority
shall issue a new public announcement with the corrected particulars, by the same means as the original publication or public
announcement, for another 30 days.
Article 16
After the close of each year, the registration authority shall enter into the registers for the current year the portions of
the records registered for the previous year that continue in effect, for convenience of reference.
Article 17
When handing the registration of a personal property secured transaction, the registration authority shall collect
administrative fees at the following rates:
1. Registration fee (including certificate fee): NT$900.
2. Amendment registration fee (including certificate fee): NT$450.
3. Registration cancellation fee: free of charge.
4. Record inspection fee (including transcript fee or photocopying fee): NT$120.
5. Certificate reissuance fee: NT$120.
6. Computer data copying fee: NT$3,000, provided that the number of entries copied at a time is not more than 500. If the
number of entries to be copied at a time exceeds 500, an additional copying fee of NT$2 shall be collected for each
additional entry.
If the amount of the secured claim is NT$90,000 or less, the administrative fees referred to in subparagraphs 1 to 5 of the
preceding paragraph will be reduced by half.
Article 18
These Rules shall come into force from the date of issuance, with the exception of the amendment to Article 3 promulgated on
5 September 2011, which shall come into force from 25 December 2010.