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Articles 1 - 6 of 6
Full-Text Articles in Law
Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen
Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article focuses on some problems arising from applying the product due diligence requirement of the suitability rule to complex financial products. The article draws several conclusions. First, the ‘not unsuitable’ test should be adopted to reduce legal uncertainty. Second, the comparative risk approach is a better choice in assessing the suitability of investment products. However, there must be further elaboration of the classification of product risk. Third, there must be a balance between risk and return to avoid risk mismatches in product design. Fourth, what have been termed minibonds raise the problem of documentation suitability. Though it is difficult …
Equity Swaps And Disclosure Of Shareholding Of Major Shareholders, Christopher Chao-Hung Chen
Equity Swaps And Disclosure Of Shareholding Of Major Shareholders, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
Equity swaps are derivative instruments linking to the performance of stocks or stock indices. In theory, equity swaps would result in the separation of economic interests of shareholders from their stock ownership. Equity swaps have also been used as a weapon in a battle for corporate control in other countries. Thus, the subsequent question is whether a party to an equity swap must disclose his swap positions pursuant to article 43-1 of the Securities Exchange Act if the amount of shares linked in the swap has passed a certain threshold. This paper argues that current disclosure rules under Taiwan law …
Classification Of Clients Of Financial Firms: From Comparative Law Perspective, Christopher Chao-Hung Chen
Classification Of Clients Of Financial Firms: From Comparative Law Perspective, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
The purpose of this article is to examine current regulations under Taiwan law with regard to classification of clients of financial firms in Taiwan from the perspective of comparative law. After comparing with relevant laws in the EU, UK, USA, Hong Kong, and Singapore, this article argues that there are certain points worth further consideration and revision under Taiwan law: first, the level of current regulation in Taiwan and its scope are rather limited compared with foreign laws; secondly, it is necessary to introduce other standards than mere ‘total assets’ in order to determine a ‘large’ enterprise; and thirdly, current …
Corporate Governance And The New Trend Of Directors In Company Law In Other Countries, Christopher Chao-Hung Chen, Shuaisheng Huang
Corporate Governance And The New Trend Of Directors In Company Law In Other Countries, Christopher Chao-Hung Chen, Shuaisheng Huang
Christopher Chao-hung Chen
No abstract provided.
Contractual Structure Of Structured Notes And Legal Characterisation Of Non-Discretionary Trust, Christopher Chao-Hung Chen
Contractual Structure Of Structured Notes And Legal Characterisation Of Non-Discretionary Trust, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article argues that if a structured product is documented as “notes”, it should be deemed as “securities” under the Securities Exchange Act in Taiwan. It should be regulated issuance, purchase or brokerage activities under securities regulations, if a structured note is issued directly in Taiwan or if a domestic investor authorized a securities broker to have it purchased in a foreign country on his behalf,. In addition, even if one invests in structured notes issued by a foreign company via a non-discretionary trust with a commercial bank, this activity should still constitute sales of foreign securities; and thus it …
Investment Protection Of Wealth Management Business: From The Case Of Ubs Auction-Rate Securities, Christopher Chao-Hung Chen, Shuaisheng Huang
Investment Protection Of Wealth Management Business: From The Case Of Ubs Auction-Rate Securities, Christopher Chao-Hung Chen, Shuaisheng Huang
Christopher Chao-hung Chen
No abstract provided.