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34-6 · Non-profit corporations

Medical Corporation Articles Amendment and Basic Property Disposal Permit

Under Article 48(3) of the Medical Service Act and Article 21 of its Enforcement Decree, a medical corporation must obtain a permit from the mayor or governor of the city/province (Si/Do) where its principal office is located before disposing of property or amending its articles of incorporation. An amendment is applied for with the articles amendment permit application under Article 51 of the Enforcement Rule, while selling, donating, leasing, exchanging or pledging basic property as collateral is applied for with the basic property disposal permit application under Article 54 of the same Rule, which must be filed one month before the disposal. Both applications require the board meeting minutes, and the processing period stated on the forms is 7 days, extended by any time needed for supplementation. The board must consist of 5 to 15 directors and 2 auditors, and relatives among directors may not exceed one quarter of the board, so the officer composition should be checked before the resolution.

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#Medical Corporation Articles Amendment and Basic Property Disposal Permit#Official check#34-6
🌐 Permit Procedure for Amending a Medical Corporation's Articles of Incorporation and Disposing of Basic Property
01

Procedure

Procedure

  1. 01

    Identify the permit type: Amending articles requires an articles amendment permit, and selling, donating, leasing, exchanging or pledging basic property requires a disposal permit, so first determine whether both are needed, as in a hospital relocation.

  2. 02

    Check officer composition: Confirm 5 to 15 directors and 2 auditors, that relatives among directors do not exceed one quarter, and that auditors are not relatives of directors. If officers were newly appointed, also file the officer appointment report within 7 days.

  3. 03

    Board resolution: Pass the agenda in line with the notice and quorum rules in the articles, and record the agenda, attending directors and resolution in the minutes to attach to the application.

  4. 04

    Prepare the amendment application: Gather the statement of reasons, the draft amended articles with an old/new comparison table and the board minutes; if the business plan or revenue/expenditure budget changes, add the revised plan and budget with comparison tables, and submit to the competent city/province.

  5. 05

    Prepare the disposal application: Gather the statement of reasons, the list of property with an appraisal report, a document stating the purpose, estimated price, method and how the reduced property will be replenished, and a comparison of the disposed property against total property, and file one month before the disposal. For collateral, add the repayment plan, secured amount and secured party, and debt status documents.

  6. 06

    Execution and reporting after the permit: The city/province may attach conditions to a disposal permit, so carry out the contract according to those conditions. If registered matters change, the applicant files the change registration with the registry office and submits a registration report to the city/province within 7 days of registration.

02

Filing route

Filing route

City/province (Si/Do) with jurisdiction over the corporation's principal office (medical corporations that received a state public loan file with the Ministry of Health and Welfare via the city/province)

Confirm the current filing office, jurisdiction, and online availability on the official website.

Official check
Actual processing agencyCompetent metropolitan city or province
Statutory and policy authorityMinistry of Health and Welfare
Online routeGovernment24
03

Deadlines & processing notes

Deadlines & processing notes

Check deadlines and next steps against the notice, filing date, and any request for additional documents.Official check
04

Basic documents

Basic documents

Basic documents0 / 8

The basic property disposal permit application must be filed one month before the disposal, so fixing the closing date of a sale, lease or collateral contract or the loan disbursement date before the permit may force the whole schedule to be rearranged.

Scope of services

Scope of services

Hwang Yunsang Administrative Agent Office prepares and translates documents for administrative agencies, submits them on your behalf, and guides you through permit, application, and notification procedures. Services that require the principal’s personal appearance, principal’s application, or electronic signature may be limited in delegation.