Legal Considerations on the non-arm's length transaction and Anti-Money Laundering

• Main Authors: Yu-Jen Cheng, 鄭昱仁
• Other Authors: yi-hong Xie
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/90930767538815329129

碩士 === 東吳大學 === 法律學系 === 98 === ABSTRACT Legal Considerations on the non-arm's length transaction and Anti-Money Laundering The rate of guilty which convicted by the court is very low of the non-arm's length transaction in Securities and Exchange Act under practical operation. Also it often accompany by the problems of money laundering, and it becomes the residual supervisory gaps in existing law, the relevant authorities is hard to defend to block up a company of executive company funds through the non-arm's length transaction to their accounts in overseas tax heaven. It not to mention the courts will convict the crime of money laundering. The non-arm's length transaction is the alchemy which the related parties trade beyond the regular commercial activities. money-laundering is the process that the offenders choose to transform dirty money to clean money .Though The non-arm's length transaction and money-laundering seem irrelevant to each other, while the non-arm's length transaction is only the taking of a means of funding which the directors obtain the illegal money from the company by trading cross countries to hide the dirty money and let the dirty money flow into the foreign bank accounts in overseas tax heaven. The complex trading schemes are ties The non-arm's length transaction with Money Laundering. This article will delineate several widely known Financial cases in Taiwan to concentrate on the issue of whether our framework can effectively work to deter non-arm's length transaction and Anti-Money Laundering and the difficulties and challenges for the court, and to introduce the regulative framework of monitoring non-arm's length transaction and Money Laundering. Knowing the fact that our non-arm's length transaction and Anti-Money Laundering rules are so weak to dealing the trade based Money Laundering, we should probe into the foreign regulation and policy to find the solution of fighting non-arm's length transaction and the trade based Money Laundering, then raise some suggestion and conclusion.