產金分離與金融機構董監事經理人兼任禁止之探討

Discussion on the Legal Issues of Separation of Banking and Commerce and Prohibition Financial Institutions Directors, Supervisors and Managers Concurrently Serving

金融機構為客戶提供各種投資理財及須經許可之服務，其資金來自社會大眾，屬於高專業與高誠信之業務，為使金融機構專心致力於本業及避免關係人交易等利益衝突等情事發生，各金融監理法令往往要求訂定有產金分離、金金分離以至媒金分離等規範，由於各該規定所禁止之範圍、型態與違反之法律責任則各有所不同，尤其是違反兼任禁止後所為法律行為其民事法律效果為何，學術與司法實務界更存在歧異之見解，爰本文希望能透過國內外立法例之比要分析，並從理論與實務深入探討，歸納出具體有益之建言。

Financial institutions provide customers with a wide range of services, including investment management, financial planning, and other services that require government approval. Their funds come from the public. Thus, their businesses need a high degree of professionalism and integrity. Concerning that financial institution may not concentrate on their businesses and create conflicts of interest such as related party transactions, financial regulatory laws often require a separation of banking and commerce, a separation of banking and banking, or even a separation of banking and media. However, people in the academic circle and judicial practice have different views concerning the scope, type, and liability for violations of such laws. In particular, the dispute remains regarding the legal effect of an act done by a financial institution when it violates the laws by serving concurrent positions. This article analyzes domestic and foreign cases, conducts in-depth research from theory to practice, and provides concrete and helpful suggestions for the issue.