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On 13 May 2002, the Executive Yuan approved amendments to the Enforcement Rules of the Statute for Upgrading Industries (SUI). The main points are as follows:
Recent amendments to the Company Law and the Commercial Registration Law abolished certificates of incorporation and business reg-istration, as well as the system of unified cer-tificate issuance for profit-seeking enterprises. In line with these changes, the provisions of the SUI Enforcement Rules requiring compa-nies to hold a profit-seeking enterprise regis-tration certificate or to submit a photocopy of their certificate of incorporation have been deleted. Instead, companies will be required to submit a photocopy of the company regis-tration approval letter issued by the company registrations authority. Following the prom-ulgation of the Factory Management and Guidance Law, it is also provided that factory buildings or factory sites of enterprises en-gaged in manufacturing or processing need only be registered as factories if they exceed a certain area or if their production equipment exceeds certain electrical or thermal capaci-ties.
The provisions requiring a minimum building coverage rate of 20% of the land in industrial districts, and the minimum plot size of 700 square meters, have been deleted.
To facilitate land use planning by manufac-turing enterprises in industrial districts, the rules governing the use of industrial land, and the categories of permitted land use, are re-laxed. This also help to accommodate the demand of service industries arising out of industrial operations.
The categories of permitted land use for utili-ties are explicitly defined. To meet the oper-ating needs of industrial districts designated at the application of industrial entrepreneurs, it is provided that up to 10% of the total land area with such districts may be made available for the use of enterprises related to the provision of utilities.
To facilitate the establishment of operational headquarters, a new provision is introduced whereby a company that establishes an opera-tional headquarters of at least a certain mini-mum area may apply for the site to be desig-nated an exclusive district or special district.
Under a new provision, a company that invests in mainland China, Hong Kong or Macao with the approval of the Ministry of Economic Affairs, may apply to take advantage of the provisions of Article 12 of the SUI on the ap-propriation of reserves for losses on outward investments.
