A Study On The Duties In The Process Of Promoting Financial Product : Using Structured Note As An Example

• Main Authors: Chang, Chiatun, 張佳燉
• Other Authors: Hong-Xiu-Fen
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/38539863183368297545

碩士 === 東海大學 === 法律學系 === 100 === In 2008, the financial turmoil triggered by the U.S. subprime mortgage crisis resulting in huge losses of many structured note investors. We must ask: What is structured note? Why did many structured note investors lost their money because of this financial turmoil? Do Investors need to be protected? If we need to protect investors, financial service industry who sells financial products such as structured note should bear what kind of obligations on the occasion of marketing financial products? If it doesn’t do so, what can we do to ask financial service industry bear liability for that? After the financial turmoil through 2008, does the authority makes more concrete methods to protect investors? Based on the questions above, this study can be divided into the following key points: （一） Introduction of structured note and legal problems arising from application of the law about hybrid financial products, such as structured note, because of the unclarity of legal nature. （二） Should investors(financial consumers) be protected? If we should protect them, what's the reason? （三） The study focuses on explanation duty、 principle of suitability or appropriateness and fiduciary duty within the principles of marketing financial products. By the way, if these principles are not obeyed, should we ask financial service industry to be responsible for their negligence or bear liability without fault? It deserves to be discussed. （四） The study discusses key points within the claims of offensive and defensive sides in civil litigation about structured note in our country; and introduces alternative dispute resolution system of structured note. （五） The Financial Consumer Protection Act has been announced by President, and will be applicable from December 30, 2011. The existence of this Act has shown the necessary of protecting investors, and its content is closely related with the previously writings. The study presents and discusses the problems that may arise due to the application of this Act.