Chapter II Formation and Amendment |
| Article 10 |
（Organization and establishment of trust enterprises）Except for banks approved by the Competent Authority to conduct a trust business concurrently, a trust enterprise can only be a company limited by shares.
Articles 53 through 56 of the Banking Act of the Republic of China shall apply mutatis mutandis to the establishment of a trust enterprise.
The Competent Authority shall prescribe the minimum amount of paid-in capital by standard for the establishment of a trust enterprise, qualification requirements of a promoter of the said trust enterprise, items which shall be recorded in the constitution of the enterprise, the maximum number of shares held by the same person or same related party, documents which shall be prepared for an application for establishment permit of a trust enterprise, procedures for the said application, circumstances which prevent the application from being approved and other items which shall be complied with. |
| Article 11 |
（Items approved by the competent authority）A trust enterprise shall obtain the approval of the Competent Authority for the following actions:
1. Amendment of its Articles of Incorporation or comparable constitutive documents;
2. Any action described in Article 185, paragraph 1, of the Company Act; or
3. Other acts as specified by the Competent Authority. |
| Article 12 |
（Business license）A trust enterprise shall not commence business until it has completed its formation procedures and obtained a license. |
| Article 13 |
（Application and approval for branch institutions）If a trust enterprise wishes to establish a branch office, it shall apply to the Competent Authority for approval and a license for each such branch office by submitting a business plan therefor. If a trust enterprise wishes to relocate or close a branch office, it shall apply to the Competent Authority for approval.
If a bank branch wishes to conduct trust business, the bank shall apply to the Competent Authority for approval by submitting a trust business plan for the branch and amending the license of the branch to include such business.
Regulations with respect to the preceding two paragraphs shall be as stipulated by the Competent Authority. |
| Article 14 |
（Regulations that apply mutatis mutandis to additional branches）Article 26 of the Banking Act of the Republic of China shall apply mutatis mutandis, to the establishment of a new Trust Enterprise and its branches. |
| Article 15 |
（Procedures for changes）If a bank wishes to suspend or terminate its trust business, it shall apply to the Competent Authority for approval.
Articles 58, 59, 61 and 63 through 69 of the Banking Act of the Republic of Chichi shall apply, mutatis mutandis, to the merger, amendment, suspension, dissolution, revocation of approvals, clearance and liquidation of a trust enterprise. |