The securitization regulations of the real estate were announced and implemented on July 23, 2003. These improve the mobility of real estate in Taiwan. There are two kinds of forms, the investment trust of real estate (REITs) and real estate assets trust (REATs). U.S.A is the. most developed country for REITs, and the experience in Japan can give us some important reference. This research hopes with discussion and analysis of some cases of our country and then consults the real estate securitization systems of U.S.A., Japan, Hong Kong, etc.; one can put forward the view and suggestion on the influence that the financial institution operates on the securitization of the real estate. In the securitization operation course of the real estate , manage the rule etc. in decree including Trust Law , trust business law , bank law and trust and investment corporation involved . The securitization can be assigned to enterprise's financial securitization and securitization of the assets, and the assets securitization can be divided for securitization and securitization of the real estate of financial assets. The main purpose includes promoting the effective use of the real estate, promote the effective use of the fund, improve and raise the environmental quality of the essence, prevent the land resource from to control, prevent land speculation from, perfect the market function, disperse the investment risk, solving the problem of financing for the financial group, large-scale production of reaching the real estate and managing. Its characteristic, for circulation, cashing, fairness, specialized, disperses the risk. The main difference of REITs and REATs is that there is fund and securitization with REITs first, then invest in the real estate and relevant right, but REATs is to enable assets possessors to obtain the fund through the securitization, reduce the real estate and hold the quantity. The securitization of the real estate originated from U.S.A., was the place where the whole world develops REITs earliest, legal system is complete, the diversification of the goods. Till the end of January of 2006, there are listing REITs 198 Companies in all, total market value is 358,400 million dollars, the rights and interests type have absolute predominance. The Japanese real estate securitization was implemented formally in November of 2000, 32 are listed till March of 2006, the total about 3.26 trillion days of market value round. Hong Kong REITs market just belonged to the starting stage, own 3 in common begin to merchandize till the end of March of 2006, it up to 23,500 million Hongkong dollars to raise the scale of the money, yet there is large one and will be listed on Hong Kong soon in the reservation, Hong Kong will become the second largest REITs market in Asia, is second only to Japan. And the investment trust system of real estate of our country consults U.S.A. mainly, the assets trust of the real estate draws lessons from Japan. Till the end of December of the 94th year of the Republic of China, already there are securitization goods of 10 pieces of real estate that have checked and approve to issue at home, among them 7 departments regard REATs as the structure, 3 departments issue and are listed by way of REITs. Domestic the real estate securitization to last only more than two years, its still some subjects in the course of decree clause and operation deserve the discussion , including REITs is it issue , REITs business transaction ,etc. agreement of amount of money standardize stipulate , pluralistic issue of source that REITs mark of standard ,etc. to add to. Implementation of the securitization of the real estate, it influences the aspect to relevant industry extremely widely, cause the influence analogous to the degree on the traditional business of the financial institution. The securitization of the real estate has changed the way in which the fund raises of the past, has also produced the change to the form of operation and administration of the real estate market. And the influence on the business of financial institution, in terms of banking, it is served as and is commissioned the organization that there are its positive benefits, investment tool increase , underwriting , self-operation , brokerage of marketable securities , develop investment bank , reverse side influence for storing original , loan business reduce. From the angle of the securities business, its role's function is roughly consigned to roles of functions , person who makes city , serving as financial advisor , the mobility of the financial goods fixing the price and designing , secondary market , educational investor ,etc.. From the angle of the insurance, role that can serve as it, take on original organization, investor, trust business, real estate management organization, credit strengthen insurer, etc. role. But in the course of securitization operation of the real estate, there must also be good control systems, guarantee that the relevant interested party's rights and interests are not injured. Control the system , is divided into three kinds , such as inside control system , external finance managing , financial market's own self-containment ,etc. on the whole . The securitization market of the real estate will step into the stage growing up fast, will grow up the space very big in the future, will attract more investor's input, in order to ensure investor's rights and interests, the relevant mechanism, with should be set up to form a complete set as quickly as possible, give investors more reeducation, the construction of the information platform of investment, every trade agreement melts simple and easily and makes clear etc.. The developing real estate securitization will be revised open soon; the competent authority should bear and verify the heavy responsibility. The innovation ability of the financial institution will also face the test , a piece of a large amount of real estate securitization goods coming one after another, how the financial institution weeds out the old and brings forth the new, obtains to investors and favors, it is a decisive key of the future. The domestic efforts in this respect of financial institution still remain to strengthen. The development of the securitization of the real estate will move towards the internationalization too unavoidably, integrate with the international capital market, should be adjusted too while managing the norm. Future, real estate securitization apply city newer, public construction, non-performing assets, etc. to, the operation course is quite professional, tedious, every financial institution should train every qualified personnel in a specific field actively, develop the administrative system of the assets, set up and perfect the inside control system, and set up and specialize in the department to promote the securitization business of the real estate.

不動產證券化條例於2003年7月23日公佈實施以來，不動產投資信託受益證券(REITs)和不動產資產信託受益證券(REATs)均已發行多檔，信託財產種類含括辦公室、百貨公司、旅館、商務住宅等；不動產產權型態包含所有權與設定地上權二類。然而「設定地上權的不動產」其資產價值會隨著時間而遞減的特性，對於以封閉型態上市的REITs基金而言，將產生淨資產價值(NAV)不斷下跌的問題，為避免前項問題影響基金的市價(Market Price)表現，本研究將透過「中崙大樓」出售予「富邦二號不動產投資信託基金」的實施經驗、相關財務理論的佐證及專家學者的深度訪談，來研究提撥「投資本金攤提準備金」(Reserve Fund)機制的優缺點及替代方案。 本研究結果發現，在不動產市場穩定發展的情況下，Reserve Fund除了可對投資人產生節稅效果之外；對基金而言：可避免基金之淨資產價值(NAV)隨時間不斷遞減的問題、可供地上權到期時還本之用、得以分散投資風險並發揮良好的財務槓桿的效果。然而相對的，除非基金的年營收維持每年固定上漲，否則投資人的名目收益率可能會逐年下降，並產生資金運用的無效率狀況。 至於是否ㄧ定要提撥Reserve Fund，從本研究中發現，若從投資人偏好來看，所有淨收益每年均全部發放或設計為PO、IO二個群組，或發行有期限的Finite Life REITs都是可以替代的方案。從開發商的角度，則可以將應收租金債權設計為金融資產證券而不做REITs。 此外，本研究亦發現目前台灣REITs的投資人幾乎將REITs視為固定收益證券，致使其市價波動及成交量均極小，建議政府應放寬法令限制，致力於活絡交易市場，才能達到初衷。而受託機構應扮演更積極的角度並將其與管理機構間的責任與分工進一步釐清，以避免發生管理機構的代理問題，以期更健全市場的發展。 不動產證券化就是將金融商品的彈性注入不動產的開發，本研究為設定地上權的不動產找出參與REIT的配套機制，期許能對政府及產業有所貢獻。 / The Real Estate Investment Trust (REITs) and Real Estate Asset Trust (REATs) securities had been issued since the “Real Estate backed securities Act” published on July 23rd, 2003. The properties being entrusted, for instance, office buildings, department stores, hotels, business suite, etc.. The right of property can be divided into two parts: the ownership and the superficies on land；However, the value of the properties with superficies right will be decreased when time passes by. The close-end fund will continually decline of Fund’s net asset value (NAV), and indirectly affect its market price. To solve such problems, the purpose of this research paper is to discuss the solution of the Reserve Fund design when the Chung-Lung building, offered by “ Fubon REITs no.2” , has its financial theories implication, also tried to interviews of scholars and professionals for the suggestions. From the result of this research paper, when the real estate market is at its steady growing stage, the Reserve Fund design can not only accurately solve to the problem of decreasing Fund’s NAV with time, but also it can bring such benefits as tax-saving and principle-paying at the expiration date. Moreover, the growing amount of Reserve Fund can positively benefit the fund itself by diversification and higher leverage capability. On the contrary, unless the revenue of the fund keeps constant growing, the investors’ nominal yield of return might decrease year by year, which will result in inefficiency in the usage of investment capital. For the Reserve Funds design, from the view of investors’ preference points, we find that the revenue allotment or issued Finite Life REITs could be substituted. On the other hand, from the view of developers’ points, they may regard it as a CMBS rather than REITs. If the government can abstemiously open financing limits of REITs, we can refer as company、SPC or SPT types of USA or Japan to substitute for the Reserve Funds design. The stock market of the real estate is the financial commodities will be more flexible to input the development of the real estate. The study of research paper is to form a complete set of REITs mechanism for the superficies on land of property which can be contributed for the government and industry of the real estate.