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Below is a general
overview of the laws and regulations affecting the
Taiwan venture capital industry. For more specific
information (Chinese only), click here.
From 1984 until May 2001, establishing a venture fund
required a minimum of NT$200 million in paid-in
capital and approval from the Ministry of Finance (MOF).
In general, the approvals were based on an assessment
of the capabilities of the fund's management teams and
their experience in managing high technology
investments.
On May 23, 2001, the government announced the taking
effect of "The Scope and Guidelines for Venture
Capital Investment Enterprises," replacing the
"Regulations Governing Venture Capital Investment
Enterprises." Furthermore, the establishment of new
venture funds would no longer go through the Ministry
of Finance. Applications for the establishment of new
funds are now to be handled by the Ministry of
Economic Affairs (MOEA)'s Department of Commerce,
Civil Services. However, if a prospective venture
fund's paid-in capital includes commitments from
banks, insurance companies, or securities firms, it
will need to take the additional step of applying for
a recommendation from the Taiwan Venture Capital
Association. If the application is approved by the
Taiwan Venture Capital Association's Internal
Committee and a recommendation is granted, the
recommendation is then submitted to the Ministry of
Finance. Finally, with the Ministry of Finance's
approval, said banks, insurance companies, and
securities firms can invest in the venture fund.
Previously, in order to encourage the development of
the venture capital industry, the government provided
a 20% income tax deduction to individuals and
corporations holding shares in venture capital funds
(after a mandatory two year vesting period). However,
this measure was repealed in December 1999 by the 8th
amendment of the "Statute for Upgrading Industries,"
which eliminated the investment tax credit for venture
funds. As a direct result of the change in this
amendment, the "Regulations Governing Venture Capital
Investment Enterprises" was also eliminated and
replaced in May 2001 with "The Scope and Guidelines
for Venture Capital Investment Enterprises," which
governs the formation and operation of venture capital
funds.
Approved venture funds commencing investment
activities are limited to investing in
manufacturing-based industries. Previously, under the
"Regulations Governing Venture Capital Investment
Enterprises," capital invested by a fund in non-high
technology manufacturing industries could not exceed
30% of the paid-in capital of the fund. However, under
"The Scope and Guidelines for Venture Capital
Investment Enterprises," this measure has been
eliminated. The government has also set limits on
which industries constitute high technology.
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