| 英文摘要 |
This article evaluates the Trust Business Act from the perspectives of governance and specialization. Since banks specialize in financial business, it is appropriate for the government to allow them to conduct finance-related trust business concurrently. However, the law should not permit banks to conduct non-finance-related trust business, for which the banks are not well-equipped. One example of a law in need of correction is the Real Estate Securitization Act, which provides that only banks are eligible to serve as trustees. Another example is the current regulatory framework for charitable trustees, which, by granting tax exemptions to bank-managed charitable trusts only, in effect creates an unjustifiable monopoly for banks. In addition, in practice many trustee-banks defer operational decisions to the donors, which runs counter to the basic requirements of a trust relationship. This article concludes by offering legislative proposals to improve Taiwan’s trust business regime. |
