The Regulations for Guiding and Managing Immigration Business Organizations and Their Employees 　　　　　　　　　　　　　　　Promulgated on November 3, 1999 Tai(88)Nei Yi Tzu No. 8878645 　　　　　　　　　　　　　　　Amended on November 22, 2001 Tai(90)Nei Yi Tzu No. 9066129 　　　　　　　　　　　　　　　Amended on April 1, 2003 Tai Nei Yi Tzu No.0920073097 Article 1:These Regulations have been set in accordance with Article 51 of the Immigration Act （hereafter 　　　　 referred to as This Act）. Article 2: The documents required for applying for approval for establishing immigration business organizations 　　　　are as follows:     　　　1.An application form; 　　　　2.A list of founders or a company registration certificate; 　　　　3.A list of specialists and a copy of the qualification certificate; 　　　　4.A copy of fixed deposit certificate; 　　　　5.Pledge advice; 　　　　6.Other documents designated by the authorities. Article 3: After establishment of immigration business organizations has been approved, the organizations shall 　　　　complete the company registration by laws and the following documents should be attached for 　　　　applying with the authorities for issuing registration certificate within two months: 　　　　1.Registration application form; 　　　　2.Company registration certificate; 　　　　3.Company constitutions. 　　　　If the immigration business organizations mentioned in the above applying for issuing registration 　　　　 certificate over time, the authorities should abrogate the established approval. However, if there are 　　　　 justifiable reasons, they can apply for two-month extension, but once only. Article 4: According to Article 48 subparagraph 1, immigration business organizations apply for establishment 　　　　 approval, it should be with an affixed amount of actual closed-end: 　　　　1.Managing relevant matters regulated in Article 47; paragraph1, subparagraph1, subparagraph 2 or 　　　　　 subparagraph 4 of This Act is NT$5,000,000. 　　　　2.Managing relevant matters regulated in Article 47; paragraph1, subparagraph3 of This Act is NT 　　　　　$8,000,000. 　　　　3.Managing relevant matters including the above two subparagraphs is NT$8,000,000. Article 5:According to Article 48; subparagraph2 of This Act, approval of applying for immigration business 　　　　organizations establishment should hire at least three specialists who qualified by specialist training 　　　　 handled by immigration group appointed by authorities . 　　　　The specialists should be registered by immigration group and sent the name list of specialists to 　　　　authorities for acknowledgement. Article 6:According to Article 48, subparagraph 3 of This Act, approval of applying for immigration business 　　　　organizations establishment should deposit an fixed amount of bond in the financial organizations. 　　　　The fixed amount is as follows: 　　　　1.Managing relevant matters regulated in Article 47, paragraph1, subparagraph1, subparagraph2 or 　　　　　subparagraph 4 is NT$1,500,000. 　　　　2.Managing relevant matters regulated in Article 47, paragraph1, subparagraph3 is NT$2,500,000. 　　　　3.Managing relevant matters including the above two subparagraphs is NT$2,500,000. Article 7: The bond mentioned above should be deposited in the certificate deposit of financial organizations in 　　　　the name of immigration business organizations for pledge to authorities to provide the immigration 　　　　business organizations in the dispute when managing relevant matters for compensate use.     　　　If the bond deposited by immigration business organizations is not enough, it should be filled within 　　　　15 days after receiving the notification of authorities. According to Article 50 of This Act, violating 　　　　above should be abrogated approval and cancelled the registration certificate and be announced in 　　　　 public. 　　　　Immigration business organizations adding or deleting the business subparagraphs listed in Article 　　　　47,paragraph1, subparagraph 3 should attach the following documents to apply for changing the bond: 　　　　1.The application form for changing bond; 　　　　2.A copy of fixed deposit certificate; 　　　　3.Pledge advice. 　　　　Immigration business organizations deleting the businesses subparagraphs listed in Article 47, 　　　　paragraph1, subparagraph 3, can wait for the change of bond completed, then attach the documents 　　　　regulated in Article 8, paragraph 2, and apply for refund the bond. Article 8:Immigration business organizations should return the registration certificate after dissolved, cancelled 　　　　or abrogated approval of establishment by authorities. However, if the registration certificate is lost or 　　　　 distinguished, immigration business organizations should attach assurance and relevant proved 　　　　documents. 　　　　Immigration business organizations comply with the aforesaid regulation has to return the registration 　　　　certificate, assurance or relevant certificate documents, and over 60 days after the authorities 　　　　announced in public, without immigration dispute, may attach the following documents and apply 　　　　with the authorities to refund the bond:     　　　1.Refund the bond application form; 　　　　2.Original receipt of bond, relevant documents or assurance. 　　　　3.The company and responsible person’s seal or the liquidator’s seal and the copy of relevant 　　　　　proven documents. Article 9:The immigration business organizations applying for managing relevant matters regulated in Article 　　　　47, paragraph1, subparagraph 3, except for the requirement regulated in Article 48, paragraph 1, 　　　　subparagraph 3 of This Act, should attach documents which can be proved that acting as agent to 　　　　handle more than 100 people concerning applications for permanent residence or settlement 　　　　residence applying settlement business after approval of establishment pursuant to This Act. Article 10:The person in charge of immigration business organizations cannot operate the businesses listed in 　　　　Article 47, paragraph1, subparagraph 3 of This Act if they: 　　　　1.The person has ever been sentenced guilty of fraud, breach of trust, criminal misappropriation, or 　　　　　 against industrial commercial management Act for one year and completing execution less than 　　　　　two years. 　　　　2.The person has ever been sentenced to bankruptcy without rehabilitation, or appointed as a 　　　　　director, a supervisor, or a manager when the corporation has been announced bankruptcy. The 　　　　　 bankruptcy concluded for less than three years or negotiation has not be fulfilled. 　　　　3.The person has ever suffered from lost of duty and trust or not concluded or concluded for less than 　　　　　two years, or financial organizations refused to communication or lost duty and trust record in the 　　　　　latest three years. Article 11: According to Article 47, paragraph 1, subparagraph 3 of This Act, an immigration business 　　　　 organizations conducting the business of providing consulting and brokerage services in respect 　　　　 of an immigration fund have to submit the following documents to the authority for approval: 　　　　1.A copy of the certificate of establishment of the immigration fund issuing company or fund 　　　　　 management company; 　　　　2.A copy of the corporation agreement or a letter of authority;         　　　　3.The latest statement and the latest annual financial report of the immigration fund; 　　　　4.Application form for approval counseling, brokerage immigration fund unregistered subparagraph; 　　　　5.All directors and managers of Incorporation of the immigration fund issuing company or fund 　　　　　management company should give an assurance or relevant proved documents according to the 　　　　　following subparagraphs: 　　　　　(1) No bankruptcy record; 　　　　　(2)No record of a confirmed punishment by any judicial authority in the form of a prison term of 　　　　　　one year or longer; 　　　　6.A legal opinion about the immigration fund: the contents should include immigration fund can be 　　　　　applied by immigration applicant immigrates to this country; immigration fund meets the 　　　　　requirement of overseas Security Act; 　　　　7.A opinion about the immigration fund issuing by an accountant: the contents should include 　　　　　evaluation of the risk of the object of immigration fund administration, immigration fund 　　　　　company’s ability to run business and analysis of future refund risk; 　　　　8.The custodian agreement with the fund’s custodians in our country and immigrant country , 　　　　　and a complete sales memorandum of the fund; 　　　　9.A document evidencing that 30% of the total amount of the fund purposed to be sold is covered 　　　　　by a liability insurance with an insurance company procured by the fund issuing company of 　　　　　fund management company; 　　　10.An agreement between the immigration applicant and the immigration business organization. 　　　　This agreement should specify whether there are any conditions attached to the immigration 　　　　application; whether there are any measures adopted if the conditions can not be cancelled; 　　　　whether there is any risk if the immigration applicant wants to cancel any condition; whether 　　　　there is any specific undertaking made by the fund management company before the applicant 　　　　receive the refund; the number of the trust account to the immigration fund which the immigration 　　　　applicant should note; how to repay the amount and expenses if the applicant abandons or withdraws 　　　　the application or is unable to obtain approval for immigration; how to pay the service fee; and the 　　　　measures for dealing with disputes. 　　　　Applying for managing relevant matters by the above mentioned immigration business organizations, 　　　　 the authorities should discussed with the Ministry of Financial agreed and approval, and notify the 　　　　 Central Bank of China of the approval number, approval consulting and the time of brokerage. 　　　　Each immigration fund case applying for approval by immigration business organizations may license 　　　　 to other approval immigration fund business organizations for consulting and brokerage agent. 　　　　　However, the name of licensed agent immigration business organizations and proved copy of 　　　　 subparagraphs 1 and 2 should submit together when applying for approval. Article 12:Immigration business organizations establishes branch office should attach the following documents 　　　　to the authorities for checking after succeeding registration of branch office: 　　　　1.Directors meeting record or shareholder agreement; 　　　　2.Branch office recordation certificate documents. Article 13:The established approval requirement to establish branch office of foreign immigration business 　　　　 organizations may apply to application approval regulation to establish immigration business 　　　　 organizations of the Republic of China. Article 14:According to the proviso of Article 46, paragraph 1, the foreign lawyer conducting immigration 　　　 　business should attach the following documents and apply with the authorities for approval. The 　　　　Lawyer can conduct relevant matters after issuing registration recordation certificate: 　　　　1.Registration certificate application form; 　　　　2.The proven copy of the actual closed-end regulated in Article 4, subparagraph1, specialist of 　　　　　Article 5, paragraph 1, bond of Article 6, subparagraph1. 　　　　3.The approved copy of local Act society agreed entrance according to Lawyer Act approval. 　　　　In accordance with the preceding paragraph, foreign Lawyer should limit to the business of local 　　　　people to reside, settle and permanent reside in the country, which can acquire Lawyer capability. Article 15:The immigration business organizations should attach the application form of change of registration 　　　　certificate and the following documents and submit to the authorities in the case of one or more of 　　　　the events: 　　　　1.Change of the company name: articles of association, shareholders agreement, or shareholders 　　　　　meeting record, acknowledgement copy of pre-check application of company change name 　　　　　 registration of MOEA. 　　　　2.Change of the person in charge or fixed money above actual closed-end: articles of association, 　　　　　 directors meeting record, shareholders agreement, shareholders meeting record. 　　　　3.Change of company address: directors meeting record, shareholder agreement. 　　　　Pursuant to Article 47, paragraph1, subparagraph 3 of This Act, immigration business organizations 　　　　 adding or deleting the businesses shall attach the application form of change of registration certificate, 　　　　 articles of association, or shareholders agreement or shareholders meeting record and apply for 　　　　approval with the official office. Immigration business organizations adding the businesses of Article 　　　　47, paragraph1, subparagraph 3 of This Act shall attach the documents of Article 9. 　　　　The above two subparagraphs regarding immigration business organizations change registration 　　　　 recordation subparagraphs, by authorities check or approve, should within one month after company 　　　　 change of registration recordation, attach replace registration recordation certificate application and 　　　　 apply for change registration recordation certificate with the authorities. 　　　　The above immigration business organizations through approval of change business subparagraphs, 　　　　 exceed the time to apply for replace registration certificate, authorities should abrogate its change 　　　　 approval. However, with justifiable reason, the application can be extended one month and only once. 　　　　The above article change of foreign Act firm’s name, the person in charge or address may apply to 　　　　 subparagraphs 1 and 3. Article 16:Each immigration fund case of immigration business organizations approved to consult and brokerage 　　　　 should submit the immigration applicant’s information to authorities for checking within three days 　　　　 after the approval time expiry. 　　　    Immigration business organizations should be conducted by Article 49,subparagraph 3 of This Act 　　　　 without submitting the above documents to the authorities or in false statement. 　　　　 The authorities should conduct by Computer Handle Personal Information Protection Act regarding 　　　　 the information of subparagraph 1. Article 17:The modifications of the content of each immigration fund case of immigration business organizations 　　　　 approved to consult and brokerage should submit the relevant certificates to the authorities for 　　　　reference. The authorities should inform the Ministry of Finance and the Central Bank of China. Article 18:Each immigration fund case of immigration business organizations which has been approved to 　　　　consult and brokerage should submit the following documents to the authorities appointed 　　　　 immigration group each half year: 　　　　1.The number of people to apply for immigration; 　　　　2.The number of people obtained immigration permission. 　　　　3.The number of people obtained repayment. 　　　　4.The number of people not obtained repayment. 　　　　5.The Chinese Financial Statement checking and execution by immigrant Accountant. 　　　　Immigration group should collect the documents to the authorities for reference within three days 　　　　after the immigration business organizations submit the above documents. Article 19:Immigration business organizations publishing immigration business advertisement should be 　　　　 reviewed and confirmed by immigration group appointed by authorities. 　　　    The above mentioned immigration business advertisement published on television or cable television 　　　　 should issued by immigration group reviewed and acknowledged approval certificate. 　　　    Immigration business organizations violating subparagraph 1 should be punished by Article 56, 　　　　 subparagraph 3 of This Act. 　　　    The regulation of subparagraph 1 immigration business advertisement review and acknowledge 　　　　 should be made by authorities. Article 20:The guidance and management of immigration business organizations employee, except for so 　　　　called qualified test of specialist in Article 5, paragraph1 of This Regulations, conducted by 　　　　Article 5, the authorities may conduct by themselves or consign to the relevant organizations, 　　　　schools or groups to prepare the job training. Article 21:The number of the specialists of the immigration business organizations does not reach the legal 　　　　number should hired again within two months, and submit its list to authorities for reference. Article 22:The specialist hired by immigration business organizations should attend job training program 　　　　 mentioned in Article 20 more than once in every three years since the hired date; if the specialist 　　　　 does not pass the exam of training program, he/she should pass it in three years, and the extra 　　　　training programs only can join twice in three years. 　　　　If the specialist does not join the training program or pass the exam, the specialist certificate will be 　　　　 discharged. Article 23:The immigration organizations should submit the six-month business situation and fill the 　　　　immigration business statistic form to authorities before the 15 of July and the 15 of January of 　　　　 every year. 　　　    Immigration business organizations should be punished by Article 49, subparagraph 3 of This Act 　　　　without submitting the above documents to the authorities or in false statement. . Article 24:     (omitted) Article 25:The authorities may send a person to review the immigration business of the immigration business 　　　　 organizations. 　　　    When receive the notification from authorities to review their business, immigration business 　　　　 organizations cannot avoid or interrupt their requirements Article 26:The authorities may announce it in public if immigration business organizations have the following 　　　　 conditions: 　　　　1.Immigration business organizations have be warned, asked for improved in limit time, stop 　　　　　managing relevant matters or cancelled the registration recordation certificate; 　　　　2.Immigration business organizations have completed the dissolved registration. 　　　　3.The bond becomes compensation because of immigration dispute.     Article 27:According to regulations, the foreign documents should attach the Chinese translation. If those 　　　　 documents are made in foreign countries, its Chinese and foreign version should be notarized by 　　　　Embassy of the Republic of China, and Representative Office, trade office or authorized 　　　　organizations of Ministry of Foreign Affairs. But the documents in foreign language regulated in 　　　　Article 11, paragraph1 to paragraph 8 of This Regulations should be signed and checked by 　　　　immigration group appointed by authorities. Article 28: All forms, tables of This Regulations should be set by the authorities. Article 29:Before establishment of the emigration and immigration bureau, immigration business matters of 　　　　 This Act should be conducted by the Department of Population, the Ministry of Interior. Article 30:    This Regulations shall be effective from the day that they are promulgated.