英文摘要 |
In a false financial statements case, secondary actors, such as the employee helping embezzlement of corporate assets, or the firm or bank issuing false invoices or certificates, although not primary actors, contribute indirectly for the violation of Taiwan Securities and Exchange Act (“SEA”). It is not clear whether such secondary actors shall be responsible for the civil liabilities for fraud or false financial statements under Article 20 of the SEA observed from the existing court decisions. Moreover, in practice, in a false financial statements case, a plaintiff can bring the civil action not only based on Article 20 of the SEA, but also on Articles 184 and/or 185 of the Civil Act, which makes the issues of secondary actors even more complicated in Taiwan. |