Contracts with Taiwanese Companies

Contracts with Taiwanese companies require slightly different contents to contracts between Japanese companies. For example, when drafting provisions on voting procedures at board meetings for a joint venture agreement, Japan’s Companies Act stipulates that voting rights at board meetings cannot be exercised by proxy. However, under Taiwan’s Companies Law, directors should in principle attend board meetings and exercise their voting rights in person, but if the articles of incorporation provide that another director can act as a proxy, a director may have another director exercise his or her voting rights on his or her behalf. In other words, when incorporating a joint venture company in Taiwan, it is possible to include provisions allowing proxy exercises of voting rights at board meetings.

Further, contracts with Taiwanese companies must not breach Taiwanese laws.

Even if a company succeeds in preparing a contract that complies with all of the above, it will be meaningless until the company manages to have the counterparty agree to and execute the agreement.

Services provided by Kuroda Law Offices

We naturally prepare contracts that are legal and advantageous to our clients, and can also attend negotiations with the Taiwanese counterparty and negotiate directly with them.

The major services we provide in relation to contracts with Taiwanese companies include:

Negotiating and concluding contracts of various types with Taiwanese companies