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A DERIGISTERED COMPANY CAN STILL BE AWARDED GOVERNMENT PROCUREMENT CONTRACTED



According to the Ministry of Economic Affairs letter dated February 26, 2009, pursuant to Articles 24 to 26 of the Company Act, a dissolved company shall be liquidated, unless such dissolution is caused by consolidation or merger, split-up, or bankruptcy; a dissolved company undergoing liquidation shall be deemed as not yet dissolved; a dissolved company may, during the period of liquidation, temporarily transact business for the purpose of settling pending affairs and facilitating the liquidation. Further, pursuant to Article 26-2 of the Company Act, where the official registrations of a company are cancelled or invalidated by the central competent authority, the provisions set out in the preceding three Articles shall apply mutatis mutandis.

Therefore, unless the dissolution is caused by consolidation or merger, split-up, or bankruptcy, the legal personality of a company is not extinguished immediately upon dissolution; its legal personality will not cease until the conclusion of liquidation. According to Paragraph 1, Article 42 of the Civil Code, the liquidation of a juridical person shall be subject to the supervision of the court; the court may at any time conduct inspections and under dispositions necessary for its supervision. Thus, a company under liquidation many still bid for and be awarded contracts for government procurement projects, and it should be supervised by the court in the conduct of its business.

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