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The Company Act contains no express provisions regarding the location
where a meeting of a company's board of directors may be held. However, in interpretations issued in past years, the Ministry
of Economic Affairs has consistently ruled that board meetings should be held in
Taiwan, based on the Act's provision that a director resident abroad may appoint
in writing a shareholder resident in Taiwan to regularly attend board meetings on
his behalf.
However, in an interpretation dated 21 October 2008 the MOEA has
finally reversed its position, stating that the board of directors is a company's
executive organ, and the location at which a board meeting is conducted should enable
all directors to have the opportunity to participate in its deliberations. Accordingly, a board meeting may be held
at the location where the company has its head office, or at any location where
it is convenient for all directors to attend and that is appropriate for the conduct
of a board meeting, and this is not limited to locations within
Taiwan, the ROC.
