(a) In relation to each type of insolvency procedure available in the legal system of this economy, what connection must there be between the debtor organization and the law of the forum?

• Pursuant to the Bankruptcy Law, the jurisdiction of both the bankruptcy and composition proceedings is under the following rules:
  • ² jurisdiction of insolvency law is exclusive.
  • ² the court sitting at the insolvent's/debtor's place of business, if any, shall have jurisdiction over the subject matter.
  • ² the court sitting at the insolvent's/debtor's residence shall be jurisdiction over the subject matter if it has no place of business.
  • ² the court sitting at where the major assets of the insolvent/debtor shall have jurisdiction if it has neither place of business nor residence within the territory of Taipei,China.
  • ² the court sitting at where the foreign insolvent's/debtor's principal place of business in Taipei,China shall have jurisdiction over the subject matter even if its principal place of business is in the country other than Taipei,China.
  • ² Pursuant to the Company Law, the jurisdiction of both the reorganization and liquidation proceedings is under the following rules:
  • ² the court sitting at the company's principal place of business shall have jurisdiction over the subject matter.
  • ² the rule of jurisdiction for all insolvency proceedings shall apply.

(b) Are any particular rules or conditions imposed in the legal system of this economy regarding the opening or commencement of an insolvency procedure in cases where the connection between the debtor and the forum is limited to only one of the factors mentioned in (a) above?

 

The insolvency proceeding can be commenced in Taipei,China courts with proper jurisdiction as long as any one of the above rules is followed.