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Court Rulings Regarding Annulment of Shareholders' Meetings: Involving Significant Breaches of Procedural Rules and Impacting the Resolution
The Taiwan High Court ruled that when a company convenes a shareholders' meeting and violates the procedural rules, if a company conducts a shareholders' meeting and breaches procedural rules, the resolution of the meeting cannot be annulled unless the violations are substantial and have a material impact on the resolution.
In the case of the Taiwan High Court judgment, a company organized the shareholders' meeting without furnishing any information in the meeting notice. However, during the meeting, it proceeded to pass a resolution for the sale of a major asset. However, the court considered that despite the procedural violation in convening the meeting, the outcome of the asset sale did not adversely impact the interests of the dissenting shareholder.
Moreover, changing the resolution through a shareholders' meeting was deemed impossible, given that the chairperson possesses more than two-thirds of the outstanding shares. Therefore, the court rejected the request from the dissenting shareholder to nullify the resolution.
Source : Law Bank
Ensuring Workers' Rights for Filing Internal Complaint: Ministry of Labor Revised Enforcement Rules for Act of Gender Equality in Employment
Ministry of Labor Revised Enforcement Rules for Act of Gender Equality in Employment on January 17, 2024 to enhance the protection of workers' rights for filing internal complaint.
According to this amendment, Article 4-2 of Enforcement Rules for Act of Gender Equality in Employment provides a detailed definition of the term "collaborative operation". This specifies that if an employee is subjected to sexual harassment by the same individual from different business entities during the same period, no matter such harassment occurs during working hours or non-working hours, such cases can be addressed in accordance with the provisions of this rule.
Additionally, according to the Article 13, paragraph 2 of the same rule, when an employer becomes "aware" of sexual harassment, they are required to take immediate and effective corrective and remedial measures. The term "awareness" is not limited to situations where the victim must file a complaint of sexual harassment with the employer and includes instances such as media reports or hearsay.
Source : Lawbank Taiwan
Relaxing Regulations on Foreigners' Extension of Residence - Ministry of the Interior Amends Regulations Governing Visiting, Residency, and Permanent Residency of Aliens
The Ministry of the Interior amended the "Regulations Governing the Visiting, Residency, and Permanent Residency of Aliens" (the “Rule”) on December 27, 2023, conducting a comprehensive review of relevant provisions concerning stays, extension of stays, residence, extension of residence, and permanent residency. This revision aims to protect the rights and interests of foreigners while simultaneously balancing the management of human flow and aligning with practical operations.
In order to provide foreigners with a more ample time frame to apply for an extension of residence, the revised Article 9 of the Rule relaxes the regulations for foreigners applying for an extension of residence. In specific circumstances, foreigners who are at least eighteen years old, with a parent registered as a current resident in Taiwan with registered residency, may apply for an extension of residence within three months before the expiration of their residency period.
Additionally, the revised Article 11 of the Rule extends the opportunity for foreigners graduating from studies in Taiwan to apply for a one-year extension of residence. If necessary, they may apply for an additional extension once, with the total extended residence period not exceeding two years.
Source : Lawbank Taiwan