| Legislative： |
Amendments to Articles 3 and 5 promulgated via Financial Supervisory Commission Order No. Jin-Guan-Bao-Zong-Zi-11401546221 dated December 31, 2025. |
| Content： |
Article 3
A Taiwan-area insurance enterprise that meets the following requirements may apply to the Competent Authority for approval to establish a branch office or subsidiary in Hong Kong or Macau:
1. The enterprise has shown operational performance and secure financial capacity for the past three years;
2. The enterprise’s ratio of capital resources to risk capital in the most recent period is at least 1.25 times the statutory standard for adequate capital as specified in Subparagraph 1, Paragraph 2, Article 143-4 of the Insurance Act, and the classification of capital after deducting the amount of the investment applied for meets the terms of adequate capital as specified in Subparagraph 1, Paragraph 2, Article 143-4 of the Insurance Act;
3. The enterprise has not been subject to any sanction imposed by the Competent Authority in the three years prior to application, or has been subject to sanction but specific remedial actions have been taken therefor and accepted by the Competent Authority;
4. The enterprise is free of the record of deficiency in the implementation of risk management in the past year prior to application or there has been the record of deficiency but specific remedial actions have been taken therefor and accepted by the Competent Authority;
5. The enterprise has sound internal control systems in place; and
6. There are no other facts indicating that the business applied for is likely to adversely affect the sound business operations of the enterprise.
A Taiwan-area insurance agent company, insurance broker company or insurance surveyor company that applies for approval to establish a branch office or subsidiary in Hong Kong or Macau, or a Taiwan-area insurance institution that applies for approval to establish a representative office in Hong Kong or Macau shall meet the requirements set forth in Subparagraphs 1 and 3 of the preceding paragraph.
Article 5
A Taiwan-area insurance institution intending to establish a representative office in Hong Kong or Macau shall apply to the Competent Authority for approval by submitting the following documents:
1. An application form;
2. Minutes from meeting of the board of directors (or a consent letter signed by all directors in the absence of a board of directors);
3. Financial statements for the most recent three years audited and certified by a certified public accountant;
4. Name of proposed representative; and
5. Other information or documents as required by the Competent Authority.
The proposed representative for the representative office to be established by an insurance institution under the preceding paragraph should have good moral character and professional leadership ability, and be free of the situations set forth in Article 3 of the Regulations Governing Qualification Requirement and Concurrent Serving Restrictions and Matters for Compliance by the Responsible Persons of Insurance Enterprises.
A Taiwan-area insurance institution intending to establish a branch office or subsidiary in Hong Kong or Macau shall apply to the Competent Authority for approval by submitting the following documents:
1. An application form;
2. Minutes from meeting of the board of directors (or a consent letter signed by all directors in the absence of a board of directors);
3. Financial statements for the most recent three years audited and certified by a certified public accountant;
4. A feasibility study;
5. A business plan, specifying the scope of business, business principles and policies, future development plans, financial projections for the coming five years, internal organization and division of labor, relationship with the parent company or head office, and plans for personnel allocation, recruitment and training.
6. Operational risk assessment, benefit analysis and concrete risk control/management plan;
7. Possible capital input or capital contribution in the future and stage analysis;
8. Internal control and audit systems, management and performance review rules;
9. Documents evidencing the qualifications of proposed responsible person; and
10. Other information or documents as required by the Competent Authority.
The proposed responsible person for the branch office or subsidiary to be established by an insurance institution under the preceding paragraph shall meet the qualification requirements set forth in the Regulations Governing Qualification Requirement and Concurrent Serving Restrictions and Matters for Compliance by the Responsible Persons of Insurance Enterprises in case the insurance institution is an insurance enterprise, or the qualification requirements set forth in the Regulations Governing Insurance Agents, Regulations Governing Insurance Brokers, or Regulations Governing Insurance Surveyors in case the insurance institution is an insurance agency company, insurance broker company or insurance surveyor company. |