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Article
Contractual Structure of Structured Notes and Legal Characterisation of Non-Discretionary Trust
Military Law Journal [軍法專刊]
  • Christopher Chao-hung CHEN, Singapore Management University
Publication Type
Journal Article
Publication Date
1-2009
Abstract

This article argues that if a structured product is documented as “notes”, it should be deemed as “securities” under the Securities Exchange Act in Taiwan. It should be regulated issuance, purchase or brokerage activities under securities regulations, if a structured note is issued directly in Taiwan or if a domestic investor authorized a securities broker to have it purchased in a foreign country on his behalf,. In addition, even if one invests in structured notes issued by a foreign company via a non-discretionary trust with a commercial bank, this activity should still constitute sales of foreign securities; and thus it should require registration and/or authorization from competent authorities before issuance and a prospectus must also be provided. On this basis, we may further examine the regulation and conduct of business rules of promoting investment products by way of a non-discretionary trust under the name of wealth management.

Keywords
  • structured note,
  • derivatives,
  • security,
  • non-discretionary trust
Publisher
軍法專刋社, Jun fa zhuan kan she
Citation Information
Christopher Chao-hung CHEN. "Contractual Structure of Structured Notes and Legal Characterisation of Non-Discretionary Trust" Military Law Journal [軍法專刊] Vol. 55 Iss. 3 (2009) p. 111 - 133 ISSN: 0529-5483
Available at: http://works.bepress.com/christopher_chen/2/