| Summary: | 碩士 === 東吳大學 === 法律學系 === 104 === In 2001, Taiwan, adhering to the trend of consolidation in the financial sector, enacted the Financial Holding Company Act. The Act, to achieve the greater synergy brought by the economic integration, grants the financial holding company to operate in a cross-sectors manner. Accordingly, 16 financial holding companies were founded thereby.
To acquire the synergy, the efficient integration of financial holding company group is imperative. The integration itself involves in the related-party transactions deriving from the nature of financial holding company group, in which the cross sectors transaction is the daily operation. Thus, the conflict of interest is inescapable. Namely, allowing the function of financial holding company group, it is crucial to coordinate the situation-- how to balance the interest of related-party transactions, or how to prevent the abuse of related-party transactions. The most appropriate management requires after the raising of questions as such.
This essay, departing from the consolidation in the financial sector, refers to the OECD reports and the Federal Reserve Act concerning related parties transaction in United States to unfold the type of transactions operated by related parties in the financial holding company, study on the practical regulations of Taiwan nowadays and, as consequence, review the concerning vital cases. To sum up, this essay concludes that first, the substantial and formal identification concerning the determination and exemption of related-parties in transactions other than credit extension should be codification, and enshrines terms of reference of authorities; second, the Financial Holding Company Act in Taiwan should detail the transaction among related-party, scrutinizing the risk of abuse in diversified transactions and responding with appropriate ploy; third, the right of minor shareholder under controlling company or subsidiary company should be cogitated if the conditions are satisfied, surmount the theory of corporate entity. For example, permitting minor shareholders to access to examine and intimate the accounting records, oversee the finance and business of the subsidiary company, or inject the rationale double derivative suit; fourth, the administrative sanction should conform with the liability, proportionality, and necessity. This essay attempts to assist the Financial Holding Company Act concerning the related-party transaction in Taiwan to fortify an entire framework.
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