Elva Chuang The Supreme Court rendered the 108-Tai-Chien-Shang-9 Decision of July 25, 2019 (hereinafter, the “Decision”).  According to the facts underlying this Decision, the Appellant, a shareholder and employee of Guang Da Xing International Co., Ltd. (hereinafter, “GDX Co.”), issued […]

Teresa Huang The Supreme Court rendered the 107-Tai-Shang-846 Decision of March 27, 2019 (hereinafter, the “Decision”), holding that although an investor purchases a stock before a false financial report is released, still the investor may be injured for failure to […]

Debby Yu ICOs (Initial Coin Offering) are a fund-raising action developed based on blockchain technologies.  Tokens issued through ICOs consist of payment type, function type and securities type tokens based on their characteristics.  The primary function of payment type tokens […]

Jhen-Yi Chen The President promulgated the amendments to Article 14-5 and Article 36 of the Securities and Exchange Law (hereinafter, the “Law”) via the Hua-Zhong-One-Jing-1080063491 Decree of June 21, 2019.  The amendments are highlighted below. Firstly, for most companies, actual […]

Elva Chuang The Financial Supervisory Commission (hereinafter, the “FSC”) promulgated the Operating Guidelines for Application for Trial Business by Banks (hereinafter, the “Guidelines”) via the Jin-Guan-Yin-Kong-10802700400 Directive of June 19, 2019.  Consisting of 6 points, the Guidelines came into effect […]

2019.5.15 Jhen-Yi Chen The Financial Supervisory Commission promulgated the Regulations Governing Innovative Financial Technology Experiments to Prevent Money Laundering and Combat Terrorist Financing (hereinafter, the “Regulations”) via the Jin-Guan-Ke-10801082660 Directive of May 15, 2019 and the Ministry of Justice’s Fa-Jian-10804515840 […]

2019.1.23 Sean Tsou The Supreme Court rendered the 108-Tai-Shang-24 Criminal Decision of January 23, 2019 (hereinafter, the “Decision”) to elucidate the definition of the “foreign remittance business” in the “offense of conducting domestic and overseas remittance business” under the Banking […]

2019.4.8 Jhen-Yi Chen The Financial Supervisory Commission (hereinafter, the “FSC”) promulgated the amendments to the Guidelines for Handling the Issuance of Beneficial Securities by Trustee Institutions and the Issuance of Asset-Backed Securities by Special Purpose Companies (hereinafter, the “Guidelines”) and […]

2019.2.11 Grace Chiang The Financial Supervisory Commission amended the Notice for Telemarketing Business Handled by Insurers and renamed it as the Notice for Telemarketing Business Handled by Insurers, Insurance Agency Companies and Insurance Broker Companies (hereinafter, the “Notice”), which came […]

2018.11.28 Fang-Wei Lin The Supreme Court rendered the 106-Tai-Shang-2513 Civil Decision of November 28, 2018 (hereinafter, the “Decision”), holding that if the share price of a publicly offered company falls after false financial report information is disclosed, the investors will […]

2018.12.12 Sophia Tsai The Financial Supervisory Commission issued the Jin-Guan-Zheng-Shen-1070345488 Directive of December 12, 2018 (hereinafter, the “Directive”) to interpret provisions concerning the other matters stipulated by the competent authority under Article 5, Subparagraph 3 of the Securities and Exchange […]

2018.12.19 Grace Chiang The Financial Supervisory Commission (hereinafter, the “FSC”) issued the Jin-Guan-Zheng-Fa-107345233 Directive and the Jin-Guan-Zheng-Fa-10703452331 Directive on December 19, 2018 to expand the scope of companies required to set up independent directors and an audit committee. First of […]

2018.10.2 Grace Chiang Articles 5, 6, 9~11, 16, 17, 22 and 23 of the Money Laundering Control Act (hereinafter, the “Law”) were amended and implemented on November 7, 2018. The amendments are highlighted below: 1. Incorporation of cryptocurrencies into anti-money […]

2018.11.8 Elva Chuang To accommodate the relevant provisions of the Company Law amended on August 1, 2018 (hereinafter, the “New Company Law”), the Ministry of Economic Affairs (hereinafter, the “MOEA”) promulgated the amendments to Articles 2 through 6 of the […]

2018.11.26 Sean Tsou The Financial Supervisory Commission (hereinafter, the “FSC”) promulgated the Regulations Governing the Acquisition and Disposal of Assets by Public Companies (hereinafter, the “Regulations”) via the Jin-Guan-Zheng-Fa-1070341072 Directive of November 26, 2018. Consisting of 36 articles in total, […]

2018.11.14 Grace Chiang The Financial Supervisory Commission promulgated the Regulations Governing Anti-money Laundering of Financial Institutions (hereinafter, the “Regulations”) via the Jin-Guan-Yin-Fa-10702745220 Directive of November 14, 2018. Consisting of 16 articles, the Regulations as amended came into effect on the […]

2018.11.29 Jhen-Yi Chen The Financial Supervisory Commission issued the Jin-Guan-Yin-Piao-10702741070 Directive of November 29, 2018 to indicate that if a credit card service establishment is registered as a convenience store or supermarket, it may be retained by all levels of […]

2018.12.10 Karl Zhang The National Development and Reform Commission recently deliberated on and adopted the Provisions on the Administration of Investments in the Automotive Industry (hereinafter, the “Provisions”), which will go into effect on January 10, 2019. With the approval […]

2018.12.2 Di Wu To strengthen the supervision and administration over the wealth management subsidiaries of commercial banks and protect the legitimate rights and interests of investors, the China Banking and Insurance Regulatory Commission promulgated the Measures for the Administration of […]

2018.10.2 Grace Chiang The Financial Supervisory Commission issued the Jin-Guan-Bao-Zong-10704565280 Ruling of October 2, 2018 (hereinafter, the “Ruling”) to strengthen relevant control mechanisms of the branch offices, subsidiaries and invested insurance-related institutions in mainland China of insurers, insurance agent companies, […]

2018.10.12 Di Wu The China Securities Regulatory Commission (the “CSRC”) promulgated the Provisions on the Supervision and Administration of Depository Receipts under the Shanghai-London Stock Connect Scheme (Trial Implementation) (the “Provisions”) on October 12, 2018 to provide for the issuance, […]

2018.10.22 Di Wu The China Securities Regulatory Commission (the “CSRC”) promulgated the Measures for the Administration of the Private Placement Asset Management Business of Securities and Futures Business Institutions (the “Measures”) on October 22, 2018.  Effective on the day of […]

2018.8.29 Teresa Huang The Financial Supervisory Commission issued the Jin-Guan-Zheng-Fa-1070331908 Circular of August 29, 2018 (hereinafter, the “Circular”) to ease relevant restrictions so that a public company acquiring and disposing of securities are not required to ask a certified public […]

2018.9.18 Grace Chiang The Financial Supervisory Commission (hereinafter, the “FSC”) issued the Jin-Guan-Zheng-Tou-1070334693 Directive of September 18, 2018 to permit a securities investment trust enterprise to invest its own funds in a domestic securities investment consulting enterprise. Under Article 12, […]

2018.9.21 Elva Chuang Elva ChuangThe Ministry of Economic Affairs (hereinafter, the “MOEA”) amended the Rules for Facilitating Venture Capital Enterprises (hereinafter, the “Rules”) on September 21, 2018 with the effective date retroactive to January 1, 2017.  The amendments are highlighted […]

2018.9.3 Elva Chuang 1. Article 146-5, Paragraph 1 of the Insurance Law provides: “Application shall be made to the competent authority for approval of allocations of insurance enterprise funds to special projects and investments in public utilities and social welfare […]

2018.8.14 Karl Zhang To expedite the issuance and use of special bonds (the “Special Bonds”) by local governments and for the better performance of the Special Bonds in their function to stabilize investment, expand domestic demands and improve weaknesses, the […]

2018.7.30 Elva Chuang The Financial Supervisory Commission promulgated Articles 4, 5, 11, 21, 22, 26, 28 and 29 the Regulations Governing the Discretionary Investment Business Conducted by Securities Investment Trust Enterprises and Securities Investment Consulting Enterprises (hereinafter, the “Regulations”) as […]

2018.7.17 Grace Chiang The Financial Supervisory Commission (hereinafter, the “FSC”) issued the Jin-Guan-Bao-Cai-10704502771 Circular of July 17, 2018 (hereinafter, the “Circular”) to interpret the circumstances in which transactions other than lending between insurance enterprises and interested parties may be exempt […]

2018.6.20 Sean Tsou The Financial Supervisory Commission (hereinafter, the “FSC”) announced the stipulation of the specific amount under Article 24, Paragraph 3 of the Statute for the Development and Innovation Experiments of Financial Technologies via the Jin-Guan-Fa-10701087080 Circular of June […]