英文摘要 |
Financial statements are written records of a company's financial information and business situation. Financial reporting stands as one of the most important disclosure measure in a publicly traded company, so the Securities and Exchange Act (“the Act”) strongly demands its accuracy. Therefore, the Act imposes various legal liabilities on people who made false financial statements, including civil liabilities, administrative sanction, and the criminal penalty. However, Article 20 of the Act requires “[t]he financial reports or any other relevant financial or business documents filed or publicly disclosed by an issuer in accordance with this Act shall contain no misrepresentations or nondisclosures,” and it is so similar to the regulation of Article 174 V which prohibits “the making of false statements on the account books, forms/statements, vouchers, financial reports or any other business documents by any issuer.” Both Articles imposes criminal liabilities, but the level of punishments would be different. This article studies the problems of concurrence of criminal penalties in the Act for financial statement fraud from the aspects of legislative evolution, academic thought, and crime justice system. Finally, this article proposes a possible amendment of the Act to resolve this regulation concurrence issue |