Provisions involving the affiliate or related party are frequently appear in financial regulations such as the Organic Act Governing the Establishment of the Financial Supervisory Commission, the Securities and Exchange Act, the Banking Act, the Insurance Act, the Financial Holding Company Act, the Futures Trading Act, the Securities Investment Trust and Consulting Act, the Act Governing Bills Finance Business, the Clauses of the Real Estate Securitization Act, and other legal orders and administrative rules.
The term of affiliate or related party is not unified and its provisions are at variance. However, as one of the legal subjects, a affiliate or related party shall bear civil, criminal, and administrative liabilities once it is interpreted as falling into the scope of relevant provisions. This uncertainty put affiliate or the party at risk and the Grand Justices even viewed some of the practices as unconstitutional. Hence, to further clarify the scope and practice of the affiliate or related party in financial regulations, this study will research and analyze relevant laws and cases from Taiwan and foreign countries, hoping to provide some solid advice.