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Information for Foreigners Applying for Property Rights in the ROC (updated: 2008.1)

1. Foreigners applying for property rights in the ROC must present documentation on property rights granted ROC citizens in the foreigner’s home country. If a property law of the foreign country differs by district (as in the U.S.A.), documentation must be submitted for the foreigner’s residential district. If such information is already on file, there is no need for the applicant to produce duplicate documentation.

2. Application procedures for overseas Chinese who have received foreign citizenship but who have not given up ROC citizenship shall be the same as that for ROC citizens. Rights to property acquired shall not be impacted when ROC citizenship is relinquished.

3. Rights to property acquired by an ROC citizen while residing in the ROC shall not be impacted when ROC citizenship is relinquished. However, ownership of property listed in Item 1 of Article 17 of the ROC Land Law must be transferred to an ROC citizen three year after loss of ROC citizenship, in accordance with Item 2 of Article 17 of the ROC Land Law.

4. Foreign organizations applying for property rights in the ROC must first be established as an organization in accordance with ROC laws. Foreign companies applying for registration of property must do so in the name of the home office and must present documentation of establishment issued by the ROC government.
Foreign companies applying on the basis of Article 386 of the Company Law may not claim sole ownership.

5. (Deleted)

6. Purchase or lease of industrial property auctioned through a court of law by a foreigner shall be determined by the appropriate court of law in accordance with the laws.

7. Determination of citizenship for foreign organizations shall be made in accordance with Civil Laws Involving Foreigners.

8. Before transaction of ROC property owned by a foreigner, determination must be made as to whether the foreigner is of age and/or competent.
The laws of his/her home country determine a foreigner’s “competency”. However the determination of competency in the ROC is based on definition of ROC law. A foreigner who is not “of age” may engage in transaction of property in the ROC only via an appointed representative.

9. Paragraph 2 of Article 20 of the ROC Land Law does not regulate foreigners who applying for property rights in the ROC.

10. Foreign banks, which receive property as a result of bankruptcy auction, shall dispose of such property in accordance with Article 20 of the ROC Land Law.