It brings huge risks to the daily operations of banks. In particular, the review of the lending and credit business of traditional banks has brought considerable impact and challenges. Business Judgment Rule has not recognized in the current legal regulations in Taiwan, but it has been adapted in many judicial cases, both in civil and criminal cases. There are still different opinions among the academic circles on whether Business Judgment Rule is applied in the existing legal system, and what ate the scope of the application in Taiwan. In particular, whether this principle can be applied to bank credit business, the in-depth researches and studies are still rare on this topic.
This article focuses on the case of fraudulent loans in Taiwan from 2017 to 2020- The fraudulent loans cases of New Site Industries, Ching Fu shipbuilding and Taiwan Cooperative Bank. This research would discuss the pursuit of high profits and external growth of bank lending business, and then allows high-risk of collecting credit and lending. This article takes these three cases as the examples to explore the connotation, operation and limitation of Business Judgment Rule.