英文摘要 |
Real estate securitization means transforming tangible real estate into intangible securities. Though with many merits, before adoption in Taiwan there are many opponents, cautious about its side effects. For this reason, it is not easy to enact Real Estate Securitization Act. Owing to the demand in the real estate market, nevertheless, there are many cases of quasi-real estate securitization before legislation. Due to the limitations of the concerning law, those cases are only transforming tangible real estate into certificate and unit, but lack of liquidity, and are not orthodox real estate securitization. Most of those cases failed for lacking of comprehensive regulation, protection of investors, monitoring and approving the operation of the developers, and even challenge of their legality. In July, 2003, the Legislative Yuan passed the Real Estate Securitization Act (hereafter abbreviated as the Act). The business of investment of real estate securitization is not prosperous in Taiwan for the past ten years. One of the reasons may be low interest rate; however, this article contends that the major reason is the legal restraint. This article is to review the concerning laws of real estate securitization in Taiwan for the purpose to improve them. The second part of this article firstly narrates the major issues to enact Real Estate Securitization Act. Part three introduces the major context of 2003 Real Estate Securitization Act and its by-laws. Part four explores the major context of 2009 Amendments to the Real Estate Securitization Act. Part five reviews the major issues of the current laws. Part six is the conclusion of this article. |