• Charitable Trusts

    Application for establishing a Labor Force Development Public Interest Trust: An Introduction


    I.Competent authority:

    Ministry of Labor, Executive Yuan

    II.Purpose of trust establishment:

    A trust that engages in labor force development, promotion or utilization, or other labor force development-related business and services.

    III.Scope of trust establishment:

    Labor force development-related business and services refers to the following endeavors associated with promoting employment: vocational training, employment services, micro-enterprises, and businesses developed under social and economic models.

    IV.Legal basis:

    Trust Law, Regulations on Permission and Supervision of Labor Force Development Public Interest Trusts.

    V.Required application documents:

    When applying for the establishment of a Labor Force Public Interest Trust and the permission of the trustee(s) thereof, the trustee(s) shall submit four copies of the following documents to the Labor Affairs Bureau, Executive Yuan:
    (1)The application form for establishment of the trust and permission of trustee(s).
    (2)The trust deed or relevant will.
    (3)Certificates of the entrusted properties.
    (4)The certificate of identification of the trustee(s) and a table indicating their spouse(s) and other relatives by blood within the 3rd degree of kinship.
    (5)The credentials and certificate of identification of the trustee(s).
    (6)The credentials of the supervisor of the trust, consent letter for accepting the position and certificate of identification.
    (7)If the trust has a consultation committee, the duties and number of committee members, and the credentials, letters of consent to their appointments, and the certificates of identification of such committee members, and tables indicating their spouses and other relatives by blood within the 3rd degree of kinship.
    (8)The trust business plan and budget plan of the entrustment for the current year and the following year.
    (9)Other documents required by the competent authority.
    ※When a trust is established by the public declaration of a juridical person in accordance with Paragraph 1 of Article 71 of the Trust Law, the documents to be provided in Item 2 of the preceding paragraph shall be the resolution adopted by such juristic person, the public declaration of establishment, and the trust deed prescribed in Paragraph 3 of Article 8 of the Regulations on Permission and Supervision of Labor Force Development Public Interest Trusts.
    ※The credentials prescribed in Items 5 to 7 of Paragraph 1 shall include the name, address and academic and working experience of the relevant person(s); if such relevant person is a juridical person, such credentials shall include the name, directors, address of principle office, and its articles of incorporation.
    ※If the trustee is a trust enterprise, the certificate of identification prescribed in Items 5 of Paragraph 1 may be replaced by the business permit approved by the central authority in charge of the industry.

    VI.Establishment of review criteria:

    (1)The establishment of the trust is for purposes of the public interest.
    (2)The content of such beneficial entrusted action will realize the purpose of the trust.
    (3)The entrusted properties are properties that the trustor has a right to dispose of.
    (4)The trustee(s) has the ability to manage or dispose of the entrusted properties; and the methods for managing the entrusted properties or disposition are indeed appropriate.
    (5)The supervisor of the trust has the ability to supervise the trust.
    (6)Members of the consultation committee have expertise or experience relevant to the purpose of the establishment.
    (7)The trust business plan and budget plan are appropriate.
    ※Between members of the consultation committee, and between members of the consultation committee and the trustor, the total number of spousal relationships or relatives by blood within the 3rd degree of kinship may not exceed one-third of the total number of committee members.
    ※If the establishing purpose of the public interest trust is related to the business of other competent authorities, the primary competent authority may consult the opinion of such other competent authorities when reviewing the application.

    VII.Procedure for application for trust establishment:

    (1)Submit relevant application forms and supporting documents and apply to the competent authority to establish the trust and for the permission of the trustee(s).
    (2)The competent authority shall issue the permit for establishment to the trustee(s) if such application has been reviewed and passed the relevant criteria.
    (3)If the trustee(s) fails to submit the required documents in their entirety, the competent authority shall notify the applicant to provide the omitted documents within a prescribed time limit. If the applicant fails to comply, the application will not be accepted.
    (4)The trustee(s) shall, immediately after receiving the permit for establishment, proceed with the transfer and disposition of the entrusted properties, and shall within one month after receiving such transferred or disposed properties, file the relevant evidencing documents with the competent authority.
    (5)For those trusts established by public declaration, the trustee(s) shall, after receiving the permit for establishment, publish the permit for establishment together with the resolution of the juridical person and the contents of the declaration in a newspaper circulated in the principle office of such juridical person, and shall, within one month after such publication, file the relevant evidencing documents with the competent authority.

     

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    Please attribute this article to Workforce Development Agency, Ministry Of Labor.