| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 104 === In recent years, individual or underground investment companies raise fund under the guise of various names. Actually they are in the way of operating a Ponzi scheme using high interest rate or rewards to attract investments, and claim that their profits are from other investments. They pay returns to previous investors from new capital paid to the operators by new investors, rather than from investments.
Once individual or underground investment companies can not attract new investors to fund, they are unable to pay the high interest and rewards to the investors. They are likely to face bankruptcy, and this situation maybe result in the loss of many investors and is adverse to the development of the social economy .
Unauthorized Fund-Raising is regulated in Article 29 and 125 of the Banking Act in Taiwan, and the term Accepting Deposits is defined in Article 5-1 and 29-1. However,the current judicial practice in the relevant laws causes problems and is contrary to the legislative purposes. This thesis is based on the characteristic of Unauthorized Fund-Raising, reviews the elements in the relevant laws, and brings up the current judicial practice cases to prove. The author hopes to propose different opinions to improve the application of law and implement the Banking Act’s legislative purposes of protecting the interests of depositors and maintaining financial order.
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