SERVICE OF PROCESS (TAIWAN/CHINA)

SERVICE OF PROCESS

Generally service of process in Taiwan(ROC), by our investigators, takes from 14-21 days. In the event of specific time limitations, service can be effected in 5-10 days (after we receive all documents); but this type of express service generally requires a surcharge.

Service of Process in China(PRC)generally must be routed through a governmental agency and as such, time limitations may vary (up to nine months). This is due to the fact that China is a signatory to the Hague Convention and as such, certain procedures are followed. There are some alternatives, which may be discussed on a case to case basis. One of those alternatives is to have one of our investigators personally serve your documents without filing them with the government (China). In the event that we follow this procedure, we would then take the proof of service to Hong Kong and have it notarized when completed. This is the normal procedure that we follow and takes 10 to 15 days.

Our standard procedure in serving foreign documents in Taiwan(ROC), is to attempt service three times, in at least three days.  If service is not completed after the third attempt, we will then leave a copy of all documents (sub service) at the official address of the person/entity being served, and send a copy by Taiwan Registered Mail(United States Registered Mail will not suffice), return receipt requested. When conducting a standard service of process in Taiwan , it is not necessary to translate (into Chinese) the documents (this is based on information from the U.S. State Department) being served, into Chinese. China (PRC) does require a translated copy of the documents, in that they are signatories to the Hague Convention and follow certain specified guidelines, unless we do a personal service without government filing. Thus, with our method of service there is no requirement for documents to be translated

It is necessary for us to have the official Chinese name of the person or entity being served, in that all registered companies in Taiwan and China, are registered under an official Chinese name. In the event that the client does not have this information, it can be obtained through our investigative process, prior to serving the documents (at an additional cost). The investigative process will also confirm the current and correct registered address of the person/entity being served, their registered agent for service of process and their current legal standing. This is why it is important to use a local firm such as ours, instead of an outside agency not based in Taiwan(ROC) or China(PRC), to serve legal documents. Keep in mind that in Taiwan it is not necessary to have any type of government involvement in the service of process, but there is a specific procedure to follow. Routing documents through government sub-contractors is time consuming, expensive and not necessary in Taiwan, Hong Kong or on a case to case basis in China. Furthermore, there are certain legalities governing process servers which may invalidate your service, if not properly followed. If the company that you retain to handle your service of process is not registered in Taiwan, you could have a future problem with validation of the service. We clearly understand both the local culture and the appropriate laws, enabling us to professionally meet our clients expectations. Our investigators are registered and licensed.   

After service has been completed, we will execute the proof of service, which has been provided to us by the client and return same by overnight mail.  If requested by the client, we will have the proof of service notarized at the American Institute in Taiwan (AIT) or in the case of a service being conducted in China, at the nearest official Notary (generally in Hong Kong). 

In the event that the client requires a formal Affidavit of Service to be executed in Taiwan, said Affidavit must be executed at the Taipei District Court and formally legalized.  Notarization or legalization generally consumes one full day of an investigators time and when there is such a requirement from the client or court, there is an additional charge for this service which generally ranges from $250.USD to $550.USD. Charges are dependant on the amount of time spent in completing the process. Notarization is often times a requirement by the judicial entity of jurisdiction and in any event, it is highly recommended by us. One such state that requires notarization is the State of New York. Notarization is highly recommended in that it tends to validate the service.

[GENERIC INTERNATIONAL PROOF OF SERVICE]

When there is a situation which requires Letters Rogatory, then there are certain procedures which must be followed, utilizing diplomatic channels and specified governmental agencies in the country of service.  Process of Service involving Letters Rogatory are time consuming and will take from six months to more than one year to complete.  When following the Letters Rogatory procedure, all documents must be translated from English into Mandarin Chinese.  In addition to the necessity of utilizing a local attorney, there are also a variety of costs and fees involved in this procedure.  We do not generally recommend this procedure unless it has been mandated by the court of jurisdiction or if the case involves a criminal complaint and or the seizure of evidence.

It should be noted that even if the Letters Rogatory procedure is followed, there is still an independent procedure to be followed in Taiwan with reference to the enforcement of foreign court ordered judgments. This independent procedure requires appearances in the Taiwan Court System, representation by a Taiwan attorney and the posting of a cash deposit in the amount of one third of the judgment which is being sought to be recovered.  Thus utilizing Letters Rogatory may often provide false assurances and expectations.  Each case should be independently researched and assessed.

Should the client require legal services or advice in Taiwan relative to their specific case, we can recommend law firms which have a proven track record of being case specific.  In reference to the execution of foreign judgments, it is often necessary to utilize the services of a local attorney to work with investigators that will ultimately execute the seizure orders, issued by the Taiwan judicial system.  [EXECUTION OF FOREIGN JUDGMENTS IN TAIWAN]

It should be noted that a standard service of process does not require the services of an attorney in China or Taiwan.

We have provided the above information as a public service and to reduce the time spent by us in replying to the many inquiries we receive, with reference to service of process in Taiwan and China.  Because we have operated in Taiwan and the Greater China Region for more than fifteen years, thus, we believe that our experience and expertise are an asset to our clients. 

Asiavest is recognized as the premier investigative agency in the Greater China Region. Our list of clients include foreign governments, Fortune 500 companies, publicly traded companies, law enforcement agencies and international law firms.  Asiavest is owned and operated by former law enforcement officers from both Asia and the United States.  All investigative requests are routed through our United States office, where they are reviewed and forwarded to our regional offices for appropriate action.  On site reports are prepared in Chinese and then routed back to our United States office where they are translated into an English formatted report and submitted to our clients.  This process ensures a high level of credibility, quality and professionalism.