수익증권발행신탁의 법률적 문제와 해결과제－ 신탁법과 자본시장법을 중심으로 －

초록

we reviewed the legal issues of the Issuance stage of beneficiary certificates in Trust Act & Financial Investment Services & Capital Markets Act. Issues of publication of beneficiary certificates are shown below. First, Legal provisions for the trust property range that can be issued beneficiary certificates is unclear. Second, Trust scheme for the benefit of others in Financial Investment Services & Capital Markets Act can not raise funds for beneficiary certificates. Third, Investors can not properly understand the value of beneficiary certificates. Fourth, there is no standard for the determination of the offering price. Fifth, there are no regulations regarding the redemption of beneficiary certificates. Finally, Trustee is difficult to perform Description Duty. If the above issues are revise or newly create in Trust Act & Financial Investment Services & Capital Markets Act, activation of beneficiary certificates are expect to accelerate.

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