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2020 年 10 月 1 日

Does Acceptance of Stablecoins Constitute the Offense of Illegal Acceptance of Deposits under the Banking Law? (Taiwan)

Elva Chuang[1] Introduction of stablecoins A stablecoin is, as its name suggests, a currency with stable value in contrast to bitcoins and etherums with high price volatility.  Stablecoins are characterized by constant value (usually a fixed ratio to the value […]
2020 年 10 月 1 日

When an actor intends to cover up the sources of a specific crime through direct consumption or to have other joint principal offenders hide illegal money flows through the appearance of false transactions, it is difficult to conclude that this is simply a disposal of loot after a crime is committed (Taiwan)

Elva Chuang The Supreme Court rendered the 109-Tai-Shang-1641 Decision of April 16, 2020 (hereinafter, the “Decision”), in which an explanation was provided concerning the application of Article 14, Paragraph of the Money Laundering Control Law, which came into effect on […]
2020 年 10 月 1 日

If industrial wastes are not reused pursuant to relevant laws and regulations, they shall be subject to the Waste Disposal Law, which is inherently applicable (Taiwan)

Tiffany Hsiao The Supreme Court rendered the 109-Tai-Shang-1872 Decision of May 14, 2020 (hereinafter, the “Decision”), holding that although reclaimed asphalt payment may be reused as general industrial wastes, still if a company dumps reclaimed asphalt pavement on an unpermitted […]
2020 年 10 月 1 日

The circumstances in which the facts and reasons set forth in a guilty decision will constitute a legal violation for contradictory reasons of decision (Taiwan)

Jenny Chen The Supreme Court rendered the 109-Tai-Shang-2164 Decision of May 14, 2020 (hereinafter, the “Decision”), holding that the facts and reasons set forth in a guilty decision and the explanation about the reasons of decision should be consistent from […]
2020 年 10 月 1 日

If a person intentionally flees the scene of an accident, the offense of hit-and-run death or injury is still established with or without rescue provided by another person (Taiwan)

Frank Sun The Supreme Court rendered the 190-Tai-Shang-2201 Decision of May 21, 2020 (hereinafter, the “Decision”), holding that if a driver of a motor vehicle who causes the injury or death of another person intentionally fees the scene of an […]
2020 年 10 月 1 日

Provisions of the Supreme People’s Court on Issues Concerning Representative Litigation in Securities Disputes (Mainland China)

Karl Zhang The Provisions of the Supreme People’s Court on Issues Concerning Representative Litigation in Securities Disputes (the “Provisions”) were adopted at the 1808th meeting of the Judicial Committee of the Supreme People’s Court on July 23, 2020, and has […]
2020 年 10 月 1 日

If the claim secured by a general mortgage does not exist, even if the mortgage is set up and registered, it is still difficult to conclude that the mortgage has been established (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-220 Decision of April 30, 2020 (hereinafter, the “Decision”), holding that if the claim secured by a general mortgage does not exist, even if the mortgage is set up and registered, it is […]
2020 年 10 月 1 日

Trademark disputes should be heard under the principle of case-by-case review and are not bound by the judgement of another case (Taiwan)

Yuki Chiang The Supreme Administrative Court rendered the 109-Pan-151 Decision in March 19, 2020 (hereinafter, the “Decision”), holding that in view of the differences between different cases in terms of facts and types of evidence for trademark disputes and the […]
 

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