Classification of Clients of Financial Firms: From Comparative Law Perspective

• Main Author: CHEN, Christopher Chao-hung
• Format: text
• Language: Chinese
• Published: Institutional Knowledge at Singapore Management University 2010
• Subjects: Financial services; client; client classification; consumer; conduct of business; Banking and Finance Law; Commercial Law; Comparative and Foreign Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/982; http://www.mnd.gov.tw/Upload/201008/(%E7%89%B9%E5%88%A5%E4%BC%81%E5%8A%833)%E7%94%B1%E6%AF%94%E8%BC%83%E6%B3%95%E8%A7%80%E9%BB%9E%E8%AB%96%E9%87%91%E8%9E%8D%E6%A9%9F%E6%A7%8B%E5%AE%A2%E6%88%B6%E4%B9%8B%E5%88%86%E9%A1%9E--%E9%99%B3%E8%82%87%E9%B4%BB.pdf
• Institution: Singapore Management University

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 Taiwan law fails to cover unincorporated business undertakings and arguably stretch too far for non-business entities. These points worth legislators and regulators to consider in the future to complete conduct of business rules for financial firms in Taiwan.