英文摘要 |
A corporation purchasing its own shares is forbidden by Company Act in principle. Under this legal environment, Securities Exchange Act introduced treasury share regime by promulgating Article 28-2. It has been 18 years till now, the treasure share regimes abroad have changed a lot, but Article 28-2 is never modified. After comparing the regulations of deciding authority of repurchase, restrictions of purpose, restrictions of quantity, deadline of disposal and forbidden of selling share by related party to the new regimes of the United States (U.S.), Japan, European Union, Hong Kong and Singapore, this thesis found out there are many impropriate regulations in the Taiwan nowadays. It makes Taiwan the most rigid regime in the world. Even the ordinance’s promulgation is violating the delegation of law. This thesis thinks, the biggest flaw is letting board of directors to decide to repurchase corporation’s own share or not. Treasury share regime has been implemented for almost 20 years, right on this moment, we should rectify the out of date, impropriate and illegal regime by pondering the existing international circumstances, to advance the modernization of this regime. |