Responding to APG (Asia/Pacific Group on Money Laundering) 3rd round assessment on Taiwan in October, 2018, the Anti-Money Laundering Office, Executive Yuan, was established. Afterwards, the Money Laundering Control Act was amended by the Legislative Yuan, and the act, aiming to require more professionals to report to the authorities when any suspicious financial transactions by their clients appear, would go into effect on June 28. In light of the rapid development mentioned above, this seminar, Anti-Money Laundering and Corporate Governance, invited the professionals of the anti-money laundering to share their experience with the audience, and had some deep discussions in the hope of making significant progress in the system of anti-money laundering. 

This seminar aimed to help the local professionals grasp the global trend of anti-money laundering in recent years. Therefore, the audiences were limited to professors, lawyers, accountants, and bank-related officers.

The title of the seminar, Anti-Money Laundering and Corporate Governance, showed that we concerned not only about the issue of the financial institution preventing money laundering, but also about the relation between anti-money laundering and corporate governance. The legislator, Chien-Ming, Ker, was invited to be a keynote speaker and tell the audience how important the system of anti-money laundering should be nowadays. The first round of the seminar was mainly about the counter-money laundering cases that had been conducted in Taiwan and other countries. The prosecutor, Pei-Ling, Tsai, and the former manager of Hang Sheng Bank, Bonnie Sok In, Chin were invited to deliver a lecture and share their experience. The second round of the seminar focused on the relation between anti-money laundering and corporate governance. The first topic, “Company Secretary’s Role in AML─Hong Kong Overview”, was delivered by the Chief Executive of Hong Kong ICS, Samantha Suen. After that, the accountant from KPMG, Kuo-Chu, Ma, talked about the corporate governance in the view of anti-money laundering law. 

National Taiwan University Law Review  March 2017 Volume 12, Number 1

Functions of Directors’ and Officers’ (D&O) Liability Insurance and Litigation Risk: An Empirical Legal Study of Taiwan

Author: Chun-Yuan Chen

In this article, Chun-Yuan Chen empirically analyzes the functions of directors’ and officers’ (D&O) liability insurance in corporate governance in Taiwan. He also reexamines the fundamental issue on the litigation risk of directors and officers, and argues and concludes that D&O insurance should not be compulsory and legally capped in Taiwan.

The Role of Governance in Bilateral and National Climate Change Financial Mechanisms

Author: Wen-Chen Shih

In this article, for the design of national Climate Change Financial Mechanisms’ (CCFMs) governance structure, Wen-Chen Shih points out what lessons can be learned from applying these guiding principles, and whether these guiding principles are playing an equally important role in the governance of national CCFMs. Finally yet importantly, Shih clams that many national CCFMs rely partially on bilateral CCFMs. Therefore, in analyzing the role of governance in national CCFMs by shih, governance in bilateral CCFMs will also be examined for its implications on national CCFMs.

Towards Religious Institutionalism? The Future of the Regulation of Religious Institutions in Taiwan

Author: Rung-Guang Lin

In this article, Rung-Guang Lin analyzes a newly emerging approach to the autonomy of religious institutions in Taiwan’s constitutional jurisprudence. In the ROC Constitution, this view is in contrast to an underlying assumption in the Court’s previous jurisprudence on freedom of religion, namely, that the norms and activities of religious groups are presumptively subject to the authority of state law.

The Legal Status of Pre-Contractual Liability: Contrasting Responses from German and English Law

Author: Xiao-Yang Li

In this article, Xiao-Yang Li indicates that in devising the pre-contractual liability, the legislators of China confront a long-running controversy in Chinese Law- the legal status of pre-contractual liability. The comparative study of this thesis builds a picture of the contrasting responses provided by German and English Law to the questions faced by Chinese legislators. This article at the end offers a proposal to the codification of the Chinese Civil Code.