Deputy Director Professor Yueh-Ping Yang of CIEL has contributed an English-language chapter entitled “Trusts and Fund Structures in Taiwan: Laws and the Boundaries of Trusts” to the newly published volume Asia-Pacific Trusts Law, Volume 3: Boundaries in Context, released by the international academic publisher Bloomsbury.
In this study, Professor Yang uses Taiwan’s investment fund regime as a case study to analyze the advantages and limitations of trusts as an “asset segregation mechanism” for investment funds. He highlights that the predominance of trust structures in Taiwan’s public funds is fundamentally linked to the institutional design of the Securities Investment Trust and Consulting Act (SITCA). By contrast, private funds in Taiwan tend to adopt corporate or limited partnership structures, a pattern also shaped by the relatively limited regulatory oversight under the SITCA.
Through his analysis of Taiwan’s differentiated regulatory design and practical operation of asset segregation mechanisms, Professor Yang demonstrates that the advantages of trusts are not absolute but instead depend heavily on the relative flexibility of a country’s trust law and business organization law, underscoring the strong contextual dependence on the legal system.
For more information about this publication, please refer to:
https://www.bloomsbury.com/uk/asiapacific-trusts-law-volume-3-9781509972951/
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