Karl Zhang On May 11, 2021, the China Banking and Insurance Regulatory Commission (the “CBIRC”) announced the Interim Measures for the Administration of Wealth Management Product Sales of Wealth Management Companies (the “Measures”), which went into effect on June 27, […]

Karl Zhang On May 18, 2021, the National Internet Finance Association of China, the China Banking Association and the Payment and Clearing Association of China issued the Announcement on Preventing Cryptocurrency Speculation Risk to announce the following: 1. The nature […]

Elva Chuang The Supreme Court rendered the 109-Tai-Shang-3917 Decision (hereinafter, the “Decision”), holding that the “property interest obtained from the commission of a crime” within the meaning of Article 125, Paragraph 1 of the Banking Law should be interpreted to […]

Elva Chuang The Supreme Court rendered the 109-Tai-Jian-Shang-51 Decision of November 26, 2020 (hereinafter, the “Decision”), holding that since the persons whose seals are misappropriated do not sign negotiable instruments, they are not liable as drawers, and those whose seals […]

Elva Chuang The Supreme Court rendered the 108-Tai-Shang-2261 Decision of October 30, 2020 (hereinafter, the “Decision”), holding that the offense of non-arm’s length transaction under Article 171, Paragraph 1, Subparagraph which does not involve a false act without substantive transaction […]

Tiffany Hsiao The Supreme Court rendered the 109-Tai-Shang-2833 Decision of June 24, 2020 (hereinafter, the “Decision”), holding that the facts determined by the trial of fact based on evidence and logical and empirical rules cannot be arbitrarily challenged in the […]

Karl Zhang On September 11, 2020, the People’s Bank of China issued the Interim Measures on Supervision and Administration of Financial Holding Companies (the “Measures”), which came into effect on November 1, 2020.  The Measures are highlighted below: I. Scope […]

Elva Chuang The Supreme Court rendered the 109-Tai-Shang-2077 Decision of May 21, 2020 (hereinafter, the “Decision”), holding that Article 125 of the Banking Law imposes penalties for illegal acceptance of deposits and the business subjects targeted for the penalties should […]

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 […]

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 […]

Oli Wong The Supreme Court rendered the 109-Tai-Shang-Zi-47 Decision of May 6, 2020 (hereinafter, the “Decision”), holding that if the holder of a check asserts that it was issued and delivered due to a loan provided to the drawer, while […]

Elva Chuang The Supreme Court rendered the 108-Tai-Shang-789 Decision of March 26, 2020 (hereinafter, the “Decision”), holding that when the amount of damage sustained by a company is calculated for the commission of the offense of non-arm’s length transaction under […]

Karl Zhang On May 7, 2020, the People’s Bank of China and the State Administration of Foreign Exchange promulgated the Provisions on the Administration of the Domestic Securities and Futures Investment Funds of Foreign Institutional Investors (the “Provisions”), which came […]

Joyce Wen On June 3, 2020, the China Securities Regulatory Commission (the “CSRC”) promulgated its Guiding Opinions on the Transfer of Companies Listed on the National Equities and Exchange Quotations for Listing on Other Boards (the “Guiding Opinions”).  The Guiding […]

Angela Wu The Supreme Court rendered the 108-Tai-Shang-863 Decision of February 27, 2020 (hereinafter, the “Decision”), holding that since the commissions and securities transaction taxes are necessary costs for an investor’s trading of stocks, it is not appropriate to elect […]

Elva Chuang According to the facts underlying the 108-Tai-Shang-3339 Decision of March 11, 2020 (hereinafter, the “Decision”) rendered by the Supreme Court, the Defendants obviously were aware that N Online Bank in the United Kingdom (hereinafter, “N”) was not a […]

Nora Shih The Supreme Court rendered the 108-Tai-Shang-778 Decision of January 16, 2020 (hereinafter, the “Decision”), since the Securities and Exchange Law does not expressly provide for the qualifications of a manager who has committed the offense of special breach […]

Nora Shih The Taichung Branch of the Taiwan High Court rendered the 108-Su-Yi-68 Decision of November 29, 2019 (hereinafter, the “Decision”), holding that in case an actor distributes a stock via false information, even if such actor does not sell […]

Alex Liao The Supreme Court rendered the 108-Tai-Shang-2465 Decision of August 15, 2019 (hereinafter, the “Decision”), holding that the so-called confiscable proceeds of crime under Article 136-1 of the Banking Law refer to unlawful gains such as exchange rate differences, […]

Karl Zhang On March 18, 2020, the China Banking and Insurance Regulatory Commission (the “CBIRC”) promulgated the Interim Measures for the Administration of Insurance Asset Management Products (the “Measures”), which will come into effect on May 1, 2020.  The Measures […]

Tiffany Hsiao The Supreme Court rendered the 108-Tai-Shang-2403 Decision of January 9, 2020 (hereinafter, the “Decision”), holding that Article 29-1 of the Banking Law is not limited to the solicitation of funds from a massive number of unspecified individuals in […]

Sean Tsou The Supreme Court rendered the 108-Tai-Shang-132 Decision of October 23, 2019 (hereinafter, the “Decision”), holding that before supervisors’ substantive review of financial reports or the lack of such review is confirmed, it is not appropriate to conclude directly […]

Jhen-Yi Chen The Supreme Court rendered the 107-Tai-Shang-518 Decision of August 15, 2019 (hereinafter, the “Decision”), holding that an offense of non-arm’s length transaction is preconditioned by material damage to the company as a result of the legal violation, and […]

Fang-Wei Lin The Supreme Court rendered the 108-Tai-Shang-1547 Decision of July 25, 2019 (hereinafter, the “Decision”), holding that whether false information in financial documents meets the “materiality” criteria under the Securities and Exchange Law should be comprehensively determined by “quantitative […]

Joyce Wen The China Banking and Insurance Regulatory Commission promulgated on November 29, 2019 the Measures for the Administration of Net Capital of Wealth Management Subsidiaries of Commercial Banks (Trial Implementation) (the “Measures”), which will go into effect on March […]

Tiffany Hsiao The Taiwan High Court issued the 108-Zai-9 Decision of May 14, 2019 (hereinafter, the “Decision”), holding that in case a company endorses a negotiable instrument with an intent to provide an implied guarantee, if the holder of the […]

Elva Chuang The Supreme Court rendered the 108-Tai-Shang-538 Decision of May 23, 2019 (hereinafter, the “Decision”), holding that if a company elects to decide the salaries and compensation of the directors, supervisors and managerial officers without individual assessment by the […]

Elva Chuang The Supreme Court rendered the 107-Tai-Shang-3554 Decision of April 11, 2019 (hereinafter, the “Decision”).  According to the facts underlying this Decision, the Appellant (or the Defendant) was the chairman and de facto legal representative of the company that […]

Tiffany Hsiao The Taiwan High Court rendered the 107-Jin-Shang-Yi-8 Decision of August 22, 2019 (hereinafter, the “Decision”), holding that the operation of the securities business requires the actor to schedule and repetitively carry out the same type of business with […]