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Guide to mergers & acquisitions: Taiwan.26/07/2006. Source: Baker & McKenzie.
 Baker & McKenzie look at the legal merger process in Taiwan and Taiwan's Enterprise Merger Law, as well as how foreign ownership restrictions on listed companies have been lifted, so that more M&A activities now involve publicly listed companies.
Mergers and acquisitions are common in Taiwan. As used in the Taiwanese context, merger generally refers to a statutory merger where two or more companies are consolidated into one company pursuant to the terms of the relevant statute. The term acquisition refers to the purchase by one company of either the shares or assets of another company.
Cross-border merger and acquisition activities historically involved only private companies primarily due to foreign ownership restrictions on listed companies. Nevertheless, such foreign ownership restrictions on listed companies have recently been lifted and therefore more M&A activities involve publicly listed companies.
The Enterprise Merger Law gave companies additional options such as statutory 100 percent share swap, statutory spin-off and statutory acquisition of shares or assets when engaging in M&A activities. The EML also provided a set of tax incentives for such M&A activities, on the condition that certain statutory requirements are met.
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Baker & McKenzie offers access to broad legal competence in a large number of countries all over the world. The firm employs over 3,000 lawyers at 61 offices in 35 different jurisdictions. Baker & McKenzie's size and international presence lend strength, both locally and globally. http://www.bakernet.com
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