Press Releases - Financial Services Commission

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Apr 07, 2010

Amendments to Financial Investment Regulation

The Financial Services Commission (FSC) made amendments to financial investment regulations to strengthen financial investment companies’ risk management of foreign currency derivative products. Under the amended regulation, starting from April 12, financial investment companies and universal financial companies are required to set and implement their own guidelines on risk management of foreign currency derivative products.As banks do since January 1, financial investment companies and universal financial companies subject to the amended regulation are required to set counter party deal limits and verify counter parties’ risk hedge purpose when they trade foreign currency derivative products with corporate investors.The amendments mandate financial investment companies and universal financial companies engaged in foreign currency services to set and implement their own guidelines on risk management of foreign currency derivative products. The guidelines need to include the followings:1. When trading foreign currency derivative products (currency forwards, currency options, etc) with corporate investors,* financial investment companies are required to verify whether the transaction is for risk hedging.2. Financial investment companies are required to set counter party deal limits,considering the remaining balance of foreign currency derivatives contracts they already had with banks and other financial services companies.*Please refer to the attached PDF for details.
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Mar 31, 2010

Issuance of Financial Investor Express Card

The Financial Services Commission (FSC) held a meeting on March 24 to discuss and approve the issuance of Financial Investor Express Card (FIEx Card). The FIEx Card is issued by the FSC and the Fn Hub Korea of the Financial Supervisory Service (FSS) under the cooperation of the Ministry of Justice to provide convenience for foreign financial investors’immigration procedures.As of March 15, 2010, thirty-two cards were issued to those who met the requirements, out of thirty-five applicants from twenty-two foreign financial institutions.As foreign financial investors with the FIEx Card will be able to use fast-track immigration lanes starting in April 1, immigration procedures for them are expected to become much more convenient. The FIEx Card is issued to deputy general managers or higher executives, holding a supervisory intra-company transfer (D-7) visa, of local branches of foreign financial institutions with an operating capital of KRW 7 billion or more. Foreign financial investors who meet the qualifications can apply for the card at any time at the Fn Hub Korea. (www.fnhubkorea.kr Tel: +82-2-3786-7153)* For more details on the FIEX Card, please refer to the FSC’s Press Release of January 13, 2010, “Introduction of Financial Investor Express Card.” *Please refer to the attached PDF for details.
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Mar 26, 2010

Regulation on Banks' Loan-to-Deposit Ratios

In the 2010 Financial Policy Agenda announced in December 2009, the FSC unveiled its plans to adopt banks’ loan-to-deposit (LTD) ratio as one of its bank liquidity guidance ratios, which aims to encourage sound management of banks and alleviating factors driving the asset competition among banks. As a step to follow up with the announcement, the Regulation on Supervision of Banking Business is slated to be amended to employ banks’ liquidity or LTD ratio to measure bank management soundness after a notice and adjustment period between March 26 and April 15.BackgroundFor the past few years, expansion in mortgages and SME loans triggered off an asset competition among banks. As a result, signs of instability in banks’ liquidity became apparent during the 2008 financial crisis as bank debentures and other market-based capital served as funding sources while resources that are required to support stepped up lending were not backstopped with deposits.Although domestic banks’ LTD ratio was around 100% at the end of 2004, the ratio had risen sharply between 2005 and 2007 reaching 127.1% at the end of 2007. However, following the persistent guidance from the regulator to reduce the ratio since the second half of 2008, banks’ LTD ratio had fallen to 110.4% as of end-January 2010.Proposed ChangesThe planned changes in the regulation will apply to commercial banks in principle having won-denominated loans in excess of KRW2.0 trillion. This will include foreign bank branches, of which only HSBC will apply with KRW3.3 trillion in won-denominated loans as of December 2009, and the National Agricultural Cooperative Federation (NACF), the only one among the special purpose banks given the policy-driven nature of their loans.The ratio is calculated through the following method, excluding CDs: Loan-to-deposit ratio = won-denominated loans won/denominated deposits* * Demand deposits, savings deposits, time deposits (figures from bank balance sheets)The target for banks’ LTD
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Jan 28, 2010

Results of the 9th Public Funds Oversight Committee Meeting

The Public Funds Oversight Committee, co-chaired by Mr. Sang Ki Min and the FSC Chairman Dong-Soo Chin, held the 9th meeting on January 27, 2010. Reported by the Korea Depository Insurance Corporation (KDIC) and the Korea Asset Management Corporation (KAMCO), the committee has decided on the criteria to select advisory firms and the method of sale of minority stakes in Woori Finance Holdings Company.Key Outcomes1. The committee decided to sell minority shares of Woori Finance Holdings in a block sale. The committee also approved the criteria to select advisory firms which will arrange the sale. Two domestic companies and two foreign companies will be selected in order to attract both foreign and domestic investors and further develop the securities sector in Korea.Details such as the size or the timing of sales will be determined by the committee after further deliberations.2. As decided at the meeting, the KAMCO and other creditors, who own a 68.2% stake in Daewoo International Corp., will sell 50% plus one share through open bids. Twenty-four percent of Kyobo Life Insurance shares, owned by Daewoo International, will be also put for sale.3. The committee also approved a plan for partially securitizing the project financing loans bought from financial companies through the Corporate Restructuring Funds (CRF) on September 2009. Specific plans are to initiate a transfer of project financing loans of KRW 59.4 billion to a special purpose company within February. The SPC will be co-funded by the CRF itself within KAMCO and other financial companies. The SPC will issue senior bonds of KRW 9.3 billion of which the CRF will take over. The rest will be issued as subordinated bonds of which financial companies will purchase.* Please refer to the attached PDF for details.
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Jan 13, 2010

Introduction of Foreign Investor Express Card

The Financial Services Commission (FSC), the Ministry of Justice and the Fn Hub Korea (the Center) of the Financial Supervisory Service have agreed to issue the "Financial Investor Express Card" with an aim to increase the number of foreign executives of foreign financial institutions eligible for fast-track immigration lanes. Also, the Center has published the "Visa Immigration Guide for Foreign Employees of Financial Institutions" to help meet foreign employees' needs related to immigration and visa issues.Financial Investor Express CardWith the introduction of the Financial Investor Express Card, foreign executives of a Korean branch of a foreign financial firm will become eligible to use fast-track immigration lanes.So far, only the executives of a Korean subsidiary of a foreign-invested enterprise and the holders of the Investor Express Card1 have been permitted to use the fast track.However, to reflect the contribution of branches of foreign financial firms to the Korean economy and to help attract foreign investment, the three organizations have decided to expand the benefits of fast-track immigration lanes.The Financial Investor Express Card will be issued to deputy general managers or higher executives, holding a supervisory intra-company transfer (D-7) visa, of a Korean branch with an operation fund of KRW 7 billion or more.The FSC and the Center will complete the preparations by the end of January 2010 and begin to accept applications and issue the card from February. (Please call Financial Hub Korea at +822-3145-7171 for inquiries)The introduction of the card is expected to improve conveniences of foreign investors and promote foreign investment in the financial industry.Visa Immigration Guide for Foreign Employees of Financial InstitutionsTo make a better living environment for foreigners, the Center, with the cooperation of the Ministry of Justice, has been providing foreign employees of financial institutions and their families with supporting service
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Jan 11, 2010

Progress on Improving Banks' Corporate Governance

The global financial crisis has shed light on the importance of corporate governance in financial institutions. In particular, banks have been the major beneficiaries of government relief programs* such as government guarantee for bank deposits and foreign debts. However, as the OECD and the BCBS noted, banks’ board of directors often neglected their social responsibility by failing in risk management, pursuing short-term profits, and paying out excessive compensation. Against this backdrop, improving corporate governance in financial institutions, particularly in the banking sector, is being actively discussed at the global level. Direct financial regulations may bring about side effects by undermining financial inter-mediation and adding burden to financial consumers. In contrast, improving corporate governance minimizes the side effects and restores the public trust i n financial institutions to ensure that the financial sector can support the real economy and prevent the recurrence of crisis.An overview of global discussions1. OECDThe OECD reports, The Corporate Governance Lessons from the Financial Crisis (Feb. 2009) and The Corporate Governance and the Financial Crisis: Key Findings and Main Messages (June 2009), assert that corporate governance in financial institutions should be improved, citing that the boards of directors, particularly outside directors, involve problems such as the pursuit of short-term oriented profit, the payment of excessive compensation, and the failure of risk management, and also citing that the current system doe s not give shareholders enough power to hold the management in check. To address these weaknesses, the OECD is working with the FSB to publish a set of recommendations on improving corporate governance, Strategic Response to the Financial Crisis.2. U.K.Since the Turner Review point ed out the need to improve corporate governance, Sir David Walker has led an independent review of corporate governance in the UK banking ind
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Jan 10, 2010

The 3rd FSB Plenary Meeting Report

The FSC Chairman Chin Dong-Soo attended the 3rd FSB Plenary Meeting in Basel, Switzerland, on Saturday January 9. Chairman Chin checked how financial reform recommendations the G20 leaders mandated the FSB to make have been implemented and reaffirmed future directions and implementation schedules for financial reforms that will be taken by the FSB in 2010.In regard with the financial crisis, he assessed that as many related issues have been addressed and financial institutions have now easier access to liquidity and capital, thus many financial support programs have been stalled or curtailed. He, however, pointed out that despite the overall recovery from the crisis across the globe, the gap among various markets and individual financial institutions has been widening; therefore, he agreed that financial support for SMEs and othervulnerable sectors necessary to support the real economy should be sustained.Proposals to Stabilize the Foreign Exchange Markets in Emerging EconomiesWith respect to the “Proposals to Stabilize the Foreign Exchange Market in Emerging Economies,” endorsed at the G20 summit in Pittsburgh in September and the G20 finance ministers meeting in November, the FSC, prior to the meeting, distributed to the FSB members the report on the detailed background of the proposals and specific plans to implement. At the plenary meeting, the Korean government shared with the FSB members the report on the detailed background and policies that the Korean government introduced to enhance the soundness of foreign currency market and strengthen related regulations with the aim to reduce foreign currency liquidity risk.The report reasserted the need for international coordination to build a global financial safety net to protect emerging economies vulnerable to foreign currency liquidity risk. The report net to protect emerging economies vulnerable to foreign currency liquidity risk. The report help emerging economies reduce foreign liquidity risk by creating a
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Dec 16, 2009

2010 Financial Policy Agenda

The Financial Services Commission, the Fair Trade Commission and the Ministry of Strategy and Finance have jointly made a publicly open presentation of their policy objectives for 2010 to the President, Myung-Bak Lee today at the Korea Chamber of Commerce and Industry.Following the presentations from the three agencies, an open discussion took place on two main issues; job creation through active investments and sufficient support for low-income households.The Chairman, Dong-Soo Chin unveiled the FSC’s 2010 financial policy agenda on revitalizing the economy and improving the competitiveness of Korea’s financial markets.Five Key ObjectivesI. Funding Economic RevitalizationSupply sufficient funds to companies through policy financial institutions and the capital markets and invigorate green finance while strengthening corporate structures through restructuring1. Supply sufficient funds to companies through policy financial institutions- Supply a total of 23 trillion wons for facility investment through the KDB (9.5tn); IBK (8.0tn); KFC (1.35tn); KoDIT and Kibo (3.7tn)- Supply a total of 94 trillion wons to the small and medium enterprises through the IBK (29.0tn); KDB (10.0tn); KFC (2.1tn); KoDIT (36.7tn); Kibo (15.9tn)*The Korea Development Bank (KDB); the Industrial Bank of Korea (IBK); the Korea Finance Corporation (KFC); the Korea Credit Guarantee Fund (KoDIT) and the Korea Technology Finance Corporation (Kibo).In principle, the maturity extensions which were planned to end at the end of the year will be extended throughout the first half of next year while the upgraded guarantee ratio of 95% will be downgraded gradually; 90% in January; and 85% in July 2010. Newly applied guarantees in 2010 will be guaranteed within the range between 50% to 85%, the pre-crisis level.The burden will be alleviated on joint guarantees when venture companies raise capital from institutional investors.2. Supply sufficient funds to companies through the capital markets- Establish
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Dec 09, 2009

AMCHAM Luncheon Speech

Ⅰ. Introductory RemarksThank you, Mr. Chairman, for the warm welcome.Members of the American Chamber of Commerce, distinguished guests, and ladies and gentlemen!I am delighted to speak to you today, and I thank Chairman David Ruch and President Amy Jackson for arranging this very special gathering.I am also pleased to meet members of the U.S. business community here in Korea who joined us today.Most of all, as a representative of the Korean government, I thank AMCHAM for its commitment and dedication to advancing economic ties between the U.S. and Korea.I express my confidence that AMCHAM will continue to serve as a vital link that unites us and enhances our partnership.Ladies and gentlemen!I think it's fair to say that this year has truly been a wild ride.Now, the end of 2009 is almost upon us, and a new year is just around the corner.Today, I will use this occasion to look back at the major economic and financial policies put in place this year, and explore the tasks ahead of us.Let me first quickly review some of the recent economic and financial market trends.Ⅱ . Recent Economic and Financial Market TrendsThe global economy fell into a severe recession in 2009 as a result of a financial crisis triggered by the collapse of Lehman Brothers.But this was also a year of renewed optimism as the global economy hit the bottom and started to move into a recovery phase.Fortunately as well, the Korean economy bounced back quite rapidly in the first half of 2009.And this momentum continued into the second half, as the economy grew 3.2% over the previous period in the third quarter.In fact, the OECD recently declared Korea to be the fastest recovering economy among its members and revised upward its growth outlook for Korea.Korea's financial markets also rapidly returned to normal from the first half on the back of more upbeat growth prospect and global financial market stability.Key financial market indicators, including stock prices and CDS spreads, have also returned
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Dec 03, 2009

UBS Korea CEO/CFO Forum 2009 Luncheon Speech

Ⅰ. Introductory RemarksGood afternoon, ladies and gentlemen!Let me first thank Mr. Jae-hong Lee and Mr. Young Chang of UBS Korea for having me here today.It is also a great pleasure to see so many distinguished business leaders and investors together in one place.We are now coming to the end of 2009, and winter is almost upon us.It has been a year of both despair and hope.But, fortunately, this time around, we are not going to go through the bitter cold we had to bear at the height of the financial crisis last winter.The global economy has been gradually emerging from the panic of a year ago and there is hope ahead.Yet, new concerns, such as fears of another asset bubble and major economies' swelling fiscal deficits, are clouding the outlook for the world economy.In this context, I shall speak today about how the crisis has affected Korea and what the future tasks are for the Korean government.Ⅱ . Lessons from the Global Financial CrisisNow, many wonder what has been the secret behind Korea's vigorous recovery from the crisis.I would say that one unique contributing factor is our experience with a financial crisis a decade ago.This put Korea’s corporate and financial sectors in strong shape and enhanced the government's ability to manage the crisis.And yet, the latest crisis demonstrated that our past experience did not entirely work in our favor.Let me explain.The origin of the 1997 crisis can be traced to internal distortions and distresses built up during decades of rapid economic growth. In contrast, the latest crisis originated from outside Korea.Unlike the major economies that suffered from massive financial implosions, the Korean economy was on a firm footing with healthy corporate and financial sectors.Despite this, the impact of the crisis on Korea was disproportionately large because of the stigma from the 1997 crisis.Some overseas media and investors oddly took the view that a second financial crisis could occur in Korea.This sparked negative percep
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Nov 24, 2009

KDIC sells its stake in Woori Finance Holdings

On 24 November, 2009, the Korea Deposit Insurance Corporation ("KDIC") sold 56,420,000 shares (approximately 7.0% of the total shares outstanding) of Woori Finance Holdings ("Woori") in an after-market block trade sale prior to commencement of trading. The shares were sold to domestic and foreign institutional investors at a price of KRW15,350 per share, resulting in the recovery of KRW866 billion in public funds.Through this transaction, the KDIC has reduced its stake in Woori from 73% to 66%. To date, the KDIC has recovered KRW4.0 trillion of the total of KRW12.8 trillion in public funds it injected into Woori. The KDIC has actively sought to achieve an expedient privatization of Woori through minority stake sell-downs, but has faced difficulties in selling the stake as a result of a sharp decline of share prices amidst the ongoing global financial crisis.However, the recent sustained recovery in Woori's share price and other key factors has helped create a conducive market environment in which the sale could be contemplated. Given this, the KDIC sought and received approval from the Public Fund Oversight Committee for this block trade sale and was able to achieve a highly successful sale of a 7% stake to domestic and international investors.Through this transaction, the KDIC successfully achieved a timely recovery of public funds, underscored the government's strong commitment to the expedient privatization of Woori, and expects to provide future share liquidity in order to enhance the value of the residual stake and optimize future recovery of public funds.* Please refer to the attached PDF for details.
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Nov 19, 2009

Supervision of Financial Institutions FX soundness Strengthened

BackgroundThe soundness of domestic financial institutions’ foreign-exchange management recovered to pre-crisis levels on the strength of the government’s countermeasures and the voluntary efforts of institutions. But insofar as the weak links in their FX management became apparent during the crisis, the need has grown to fine-tune related systems to prevent a crisis relapse even while steps continue to be taken to improve FX soundness. The Financial Stability Board has also proposed to develop measures abating potential risk of systemic instability caused by FX liquidity problems in emerging market economies at the time of crisis.It was in this regard that the government unveiled the ‘Financial Institutions’ FX Soundness Strengthened Supervision’ last September 25 outlining the basic direction of the plan. Nonetheless, this measure is not intended to regulate foreign capital being invested in Korea, but merely an attempt to enhance the soundness of financial institutions.The plan contains two main sections, namely strengthened supervision over the FX soundness of individual financial institutions and strengthened supervision over macro-prudential soundness of FX management.The section on the FX soundness of individual financial institutions outlines six measures to be taken, including 1) fine-tuning the regulation on FX liquidity ratio; 2) establishing new standards in FX liquidity risk management; 3) establishing new standards in FX derivatives; 4) strengthening the long-term resource funding ratio; 5) introducing the regulation on FX asset limits; and 6) encouraging rational FX hedging practices.The component on macro-prudential soundness of FX management includes 1) preemption through strengthened monitoring over FX market; and 2) planning countermeasures during contingencies.To move the plan forward, a joint working team comprised of experts from the FSC/FSS and banks is to subsequently take the lead in formulating detailed guidelines.Financial Instit
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Nov 11, 2009

IGE/IMF International Conference Luncheon Speech

Ⅰ. Introductory RemarksGood afternoon, ladies and gentlemen!Let me first thank Chairman Kim Pyung-Joo and President Nam Chong-Hyun from the Institute for Global Economics (IGE), as well as Mr. José Viñals from the IMF, for inviting me to this occasion.Further, I wish to welcome all of you from Korea and abroad who have given your valuable time to attend this conference.I’m happy to say that there now appears to be some light at the end of the long and dark tunnel of this crisis.I would like to express my gratitude to all of you in the financial sector and to the Korean people.It has been your efforts that have allowed Korea to recover so quickly.Now it is time to refocus the international community’s cooperation and commitment to future-minded financial reforms.I am confident that today’s conference on the “G20 Initiatives” will be a very meaningful occasion for this.Ⅱ. Lessons Learned from the CrisisLadies and gentlemen!Before the crisis, financial markets were plagued by excessive risk-taking under the assumption that the ‘market is always right’.We lost sight of fundamental principles such as the trade-off between risk and return.And our appetite for leverage seemed to have no limits.Decades of relentless financial innovation alongside stable economic growth provided legitimacy for such an approach.But this crisis is demonstrating yet again that the financial industry must be developed under an appropriate regulatory framework.We are now all well aware that, unlike other industries, the financial sector contains systemic externalities.Simply put, the problems of a single financial firm can bring down the entire market.And this systemic risk has become even more potent due to the complex and interconnected global financial system we have today.Unfortunately, regulators were not sufficiently ready for this when the latest crisis broke out.Their focus on firm-specific micro prudential regulation failed to halt the spread of risk throughout the ma
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Nov 06, 2009

2009 Seoul International Finance Conference Congratulatory Speech

Ⅰ. GreetingsGood morning, ladies and gentlemen!Let me first thank Mayor Oh Se-hoon for inviting me to this prestigious event.I am pleased to meet the honorable ambassadors and so many prominent figures from the financial area.In particular, I would like to welcome Mr. Dominic Barton, the global managing director of McKinsey Company, and all of the distinguished guests from abroad.Seoul is the core city behind Korea’s economic growth.And it is now striving to emerge as a financial hub as well, with Yeouido as its center.I hope this conference will serve as a meaningful platform for discussing these ambitions.Ⅱ. The Direction of Financial Hub DevelopmentThe global community has put its all into overcoming the worst financial crisis since the Great Depression.These efforts have paid off, and the global economy seems back on track.The Korean economy has recovered especially fast, and this has even been termed the “Astonishing Rebound.”Now, at this juncture, we are pursuing policies designed to shape the post-crisis Korean financial industry.As part of this, the government is exploring new strategies for building a financial hub.In fact, existing hub countries like the UK and Singapore already have post-crisis strategies in place.They are responding to the new landscape and are fast enhancing the competitiveness of their financial industries.Korea is a relative newcomer to this race.In order to compete, we will have to concentrate on what we do well and succeed as a Korea-specific hub.With this in mind, the government intends to speed up efforts to boost the competitiveness of financial firms.We will further improve financial infrastructure and ensure that a high quality business environment is in place.In addition, we will devote considerable resources to cultivating a large pool of financial experts.And you can be assured that particular focus will be put on Seoul so that it can firmly establish itself as a global financial hub.This will, however, take close
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Oct 28, 2009

EUCCK Annual Seminar Luncheon Keynote Speech

Ⅰ. Introductory RemarksGood afternoon, ladies and gentlemen!Let me begin by expressing my appreciation to the European Union Chamber of Commerce in Korea (EUCCK) for inviting me to speak today.I am also pleased to meet the honorable ambassadors, and corporate and financial leaders from across the EU countries.And, as a government official myself, I give particular thanks to the EUCCK for doing so much to build close ties between Korea and the EU.The EU is a key trade and investment partner, and our economic cooperation is greatly valued.As you know, Korea and the EU initialed a draft deal on an FTA on October 15th.This marked yet another turning point in the furthering of economic ties between Korea and the EU.And with mutual trust and understanding, I believe there is no doubt that our win-win relationship will only develop more.Now, in line with today's topic, let me briefly give my thoughts on "Korea's Economy and FSC Policy Directions".I hope it will help lend some insights on how you view the Korean economy.Ⅱ. Economic Trends and OutlookSince the global financial crisis began last year, the Korean government has responded swiftly to the crisis with aggressive and far-reaching measures.These measures were, namely, liquidity injections, interest rate cuts, expansionary fiscal policy, and corporate restructuring.And I'm proud to say that financial market anxieties and economic contraction were successfully brought under control.As a result, and due to improving global economic conditions, Korea has led the way out of the crisis by recovering the fastest among all OECD nations.The real economy surged back in the first half this year, and this tide of recovery has stayed robust in the second half.Also welcome news is that equity and other major financial indices have bounced back to pre-crisis levels.Investor sentiment has naturally gone up as well.Not too long ago, foreign investors had major concerns about the Korean economy.They even raised the possibility of
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Oct 16, 2009

Legislative Notice of Amendments to the Enforcement Decree of the Financial Investment Services and Capital Markets Act

OutlineIn the interest of invigorating the MAmarket and corporate restructuring, amendments to the Enforcement Decree of the Financial Investment Services and Capital Markets Act have been devised and are announced herein. Opinions on this matter will be received for the next 20 days after this legislation notice.Key Contents of AmendmentsIntroduction of Special Purpose Acquisition Company (SPAC)A SPAC will be exempt from collective investment regulation when it is equipped with a separate investor protection and public offering deposit condition as stipulated in the Enforcement Decree. The system is also aimed to clarify any legal uncertainties concerning the establishment of a SPAC under the general form of incorporation and pave a realistic system of management and supervision over investor protection.An akin SPAC, not meeting the requirement stipulated above, will not be allowed to process public fund raising and IPO, and will be also exposed to the disposal and supervision against any illegal action through the restrictions of the collective investment regulation.Alleviated Regulation on Private Equity Funds (PEF)A PEF will be allowed to invest into a foreign firm (SPC) that invests over 50% of its assets to companies undergoing restructuring. But the foreign firm must convert its invested shares to target investment company shares in Korea within 6 month in order for effective supervision. This policy change will temporally be effective until the end of 2010.PEFs will also be allowed to invest directly to Social Overhead Capital (SOC). The maximum loan limit of 200% of its asset for a PEF that uses over 50% of its assets to invest in companies undergoing restructuring will be lifted to 300%.Facility FundsEnumerate property, plant and equipments to allow PEFs to purchase them even without the intention of taking over the management.Private FundsPrivate funds that invest in companies undergoing restructuring will be allowed to undertake debt up to 300% of equity
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Oct 01, 2009

Amendments to the Enforcement Decrees of the Banking Act and the Financial Holding Companies Act Have Passed Through the Vice-Ministerial Meeting

Following the Legislation Notice of Amendments to the Enforcement Decrees of the Banking Act and the Financial Holding Companies Act made on August 28 (original press release copied below), the amendments have been passed through the Vice-Ministerial Meeting and will be enacted on October 10, 2009 as planned after it is passed through the Cabinet Meeting on October 6.During the legislation notice period, several additional amendments have been made and reflected into the enforcement decrees.In the interest of avoiding conflicts of interest whereas a non-financial business operator (NFBO) acquires more than 4% of bank shares to become the largest shareholder or participate in management, the NFBO must also comply with additional requirements of social credibility condition i) and proactive condition ii).i) The firm must not have insolvent responsibilities in the last 5 yearsii) The firm must have a will to improve structural soundness of the financial institution and to contribute to the effectiveness of the financial markets.BackgroundThe Banking Act and the Financial Holding Companies Act were recently amended and will be enacted on October 10, 2009. Improvements were made to the restriction on shareholding of commercial banks and bank holding companies (hereinafter referred to as “banks”) by non-financial business operators (NFBO). The Korean government decided on enforcement decrees regarding FSC oversight of bank ownership by NFBOs and private equity funds (PEF). The FSC has proposed amendments to the enforcement decrees of the relevant acts in order to improve and supplement the existing system, such as the reporting of changes to bank ownership. Thus, this legislation notice will be in effect fromAugust 28 to September 7, 2009.Main PointsA. Matter related to the delegation and enactment of the amended Acts1. NFBO’s participation in bank managementUnder the amended Acts, when an NFBO wants to own more than 4% of bank shares and participate in management t
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Sep 17, 2009

FSB Plenary Meeting Report

The FSC Chairman Chin Dong-Soo attended the 2nd FSB Plenary Meeting in Paris on September 15. The meeting deliberated and finalized on most subjects that will be on the report, “Improving Financial Regulation” scheduled to be submitted to the Pittsburg G20 Summit on September 24-25.The FSC Chairman Chin has contributed in the discussions taken place at the Plenary, the Steering Committee and the Standing Committee through his presentations on the following three main topics: 1. An in-depth discussion took place at the Plenary Meeting especially on the issue of how to stabilize the foreign currency liquidity in emerging countries. This particular subject has been adopted as an official agenda of the meeting as we proposed based upon our own experience in the current crisis. We successfully brought to attention one of the most serious stability issues faced by emerging economies.2. Korea agreed on the basic concept and direction of the FSB’s regulatory reform of the capital framework and that the government and the banking industry are preparing for the strengthening of regulation.3. We also emphasized that not only home but host countries should play more significant roles in within the supervisory colleges, a system of collaborated supervision of systemically important financial institutions.Furthermore, the Standing Committee for Vulnerability Assessment, one of three Standing Committees within the FSB, has reported on four main areas of risk that include: the market impact of rapidly rising government debt, risks related to the timing of exit strategies from current policies, and the challenges in maintaining an appropriate balance and pace of regulatory reform. Authorities in emerging economies are assessing policy challenges related to currency mismatches on sectoral balance sheets and instability in portfolio flows.* Please refer to the attached PDF for details.
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Aug 28, 2009

Legislation Notice of Amendments to the Enforcement Decrees of the Banking Act and the Financial Holding Companies Act

BackgroundThe Banking Act and the Financial Holding Companies Act were recently amended and will be enacted on October 10, 2009. Improvements were made to the restriction on shareholding of commercial banks and bank holding companies (hereinafter referred to as “banks”) by non-financial business operators (NFBO).The Korean government decided on enforcement decrees regarding FSC oversight of bank ownership by NFBOs and private equity funds (PEF). The FSC has proposed amendments to the enforcement decrees of the relevant acts in order to improve and supplement the existing system, such as the reporting of changes to bank ownership. Thus, this legislation notice will be in effect fromAugust 28 to September 7, 2009.Main PointsA. Matter related to the delegation and enactment of the amended Acts1. NFBO’s participation in bank managementUnder the amended Acts, when an NFBO wants to own more than 4% of bank shares and participate in management through appointing directors to the board, it must do so with a pre-approval from the FSC. Moreover, a stringent post-approval supervision* will be in place to prevent any conflict of interest or illegal transaction.*eligibility assessment of the largest shareholder; limiting transactions such as the bank providing credit lines to the largest shareholder; and on-site FSS audits conducted when accused of illegal transactions.“Participation in management” is defined as follows:The number of senior managers elected by the NFBO exceeds the regulated number of, for instance, one or two persons.The NFBO is involved in major decision-making process and regular business operations, and can limit bank management’s decision-making authority through agreements and contracts.2. Approval of NFBO’s bank ownershipi) Under the amended act, an NFBO must gain approval from the FSC to acquire more than 4% of bank shares and become the largest shareholder or participate in management. The relevant enforcement decree dictates th
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Aug 19, 2009

FSC English Blog

The Financial Services Commission is officially launching its English blog http://fsckorea.wordpress.com today.Its purpose is to raise public awareness of the changes and progresses in multiple areas of Korea’s financial policies and to promote interactive policy communication with the public as well as with foreign investors and others who are interested in Korea’s financial policies.It aims to explain hard-to-understand financial policies in a simple and easy-to-understand format which the public without much financial knowledge can still manage to comprehend what the policies are about as well as the background reasons for them.The contents of the blog will be on key financial and economic issues, recent press releases from the FSC and other relevant government bodies, and press coverage on Korea’s economy and its financial markets. Currently updated contents are issues relating to the Financial Holdings Company Act, FX margin trading, the Fast Track Program, etc.Links to the blog can be found on the websites of multiple government agencies: Financial Supervisory Services Korea Deposit Insurance CorporationKorea Asset Management Corporation KoscomKibo Technology Fund Korea Credit Guarantee Fund Korea Development Bank Industrial Bank of Korea http://english.fss.or.kr https://www.kdic.or.kr/english http://kamco.or.kr/eng.html http://english.koscom.co.kr http://eng.kibo.or.kr http://eng.kodit.co.kr http://www.kdb.co.kr http://english.ibk.co.kr * Please refer to the attached PDF for details.
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