Press Releases - Financial Services Commission

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Feb 01, 2010

Domestic Banks’ Preliminary SBL Ratios

Since August 2009, Korea’s financial authorities have been encouraging domestic banks to lower their average SBL (substandard or below loans) target ratio to 1% by end-December 2009.As of end-December 2009, domestic banks’ SBL ratios averaged 0.99% to meet their target ratios, excluding the KRW3.0 trillion in debt obligations that arose in December from the unexpected workout of the Kumho Group affiliates and a number of shipbuilders*. *Kumho Industries, Kumho Tires, SLS Shipbuilding, 21st Century Shipbuilding, etc.When setting the target ratio, corporate restructuring-related SBLs were allowed to betaken out of calculation because they were expected to take longer to resolve through sales, dispositions, and other means.If these corporate restructuring-related SBLs are included, the average SBL ratio is 1.22%.The SBLs resolved in H2 2009 during the targeting period were KRW17.7 trillion, an increase of 47.5% over the KRW12.0 trillion resolved in H1 2009.Detailed FiguresDomestic banks’ end-2009 SBL ratios inclusive of the large restructuring-related debt of KRW3.0 trillion in December was 1.22%, dropping sharply by 0.29 percentage points from the end-June 2009 ratio of 1.51% on the back of support to lower SBL.In terms of amount, the total SBLs were KRW15.7 trillion, down KRW3.9 trillion or19.9% from KRW19.6 trillion at end-June 2009.By class, the SBL ratios of both corporate and household loans each fell by 0.33 and 0.16 percentage points respectively in H2 2009 to 1.58% and 0.48%.The SBL ratio of small and medium-sized enterprises (SME) was 1.82%, falling by a significant 0.67 percentage points during H2 2009. The SBL ratio of household and mortgage loans, meanwhile, was 0.48% and 0.37% respectively, the lowest levels for both since figures began to be kept for both in March 2002 and December 2005.In 2009, domestic banks resolved KRW29.7 trillion in SBL, double the KRW14.0 trillion resolved in the preceding year.Of the KRW29.7 trillion, KRW9.5 trillion was re
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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 20, 2010

Risk Assessment of Banks' Mortgage Loans

Household mortgage loans extended by banks totaled KRW 260.1 trillion at the end of September 2009, of which KRW 112.0 trillion (43.1%) are loans with lump-sum redemption contracts, and the remaining KRW 148.1 trillion (56.9%) are loans with redemption by installment contracts.Forty percent of the loans with lump-sum redemption contracts, KRW 44.7 trillion, will reach maturity in 2010.Fifteen percent of the loans with installment contracts, KRW 22.3 trillion, will start to be repaid with interest and principal in 2010.Risk AssessmentCompared with previous years, the amount of loans with lump-sum redemption contracts due in 2010 is relatively moderate. * *KRW44.3 trillion (2008), KRW43.3 trillion (2009), KRW44.7 trillion (2010)The numbers are estimated at the end of the previous year, with Sept. figures used for 2010.The loans with installment contracts, KRW 22.3 trillion, which will start to be repaid with interest and principal in 2010, have also decreased from KRW31.2 trillion of 2009.In particular, given that the rollover ratio of lump-sum payment loans exceeds 95%, the actual amount of household debt which poses a burden of full repayment is just around KRW 2 trillion.The extension of interest-only payment period for loans with redemption by installment contracts also helped to ease household financial bur den; from Nov. ’08 to Oct. ‘09, interest-only payment periods were extended for KRW 10.5 trillion in loans.Considering stabilizing housing prices* and low loan-to-value (LTV) ratio**, it is unlikely that the households’ debt repayment burden will significantly increase. *Housing price change (%, qoq): -1.0(1Q09), 0.4(2 Q), 1.3(3Q), 0.3(Nov), 0.1(Dec) **L TV ratio (’0 9 July): Korea 47.1%, U S 74.9%, U K 85.2% (end-December 2007)*Please read the attached file 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 30, 2009

Impact of Kumho Asiana Group’s Restructuring and Future Actions

SummaryKumho Asiana Group and its main creditor Korea Development Bank (KDB) announced a set of measures Wednesday (December 30, 2009) to restructure the business group’s major subsidiaries. The following is the summary of the measures agreed and settled between the Kumho Asiana Group and its creditors.- Kumho Industrial and Kumho Tires will be placed under creditor-led joint management based on the Corporate Restructuring Promotion Act- Kumho Petrochemical and Asiana Airlines will make rigorous self-rescue efforts to normalize their business- As much as 50% plus one share of Daewoo Engineering and Construction will be sold to KDB-led private equity fund- Kumho Life Insurance will be sold to a private equity fund which will be jointly established by KDB and Consus Asset ManagementThe restructuring of Kumho Asiana Group’s subsidiaries will be made through rigorous self-rescue efforts with an aim for a swift turnaround of management, which include a sale of subsidiaries and, under the responsibility of major shareholders, the provision of stock and assets for collateral to creditors.Impact of the restructuringThe direct impact of the restructuring of Kumho Asiana’s two subsidiaries, Kumho Industrial and Kumho Tires is expected to be not great on the soundness of financial companies and markets.The amount of credit extended by financial companies to Kumho Asiana Group totals KRW15.7 trillion involving KRW10.1 trillion in loans, KRW1.2 trillion in corporate bonds, CP and other securities, and KRW4.4 trillion in payment guarantees and others. Put back options of KRW2.6 trillion to be exercised by financial companies and the PF guaranteesof KRW2.7 trillion are not included in this total credit. The total lending that financial companies have directly extended to the two Kumho Asiana subsidiaries under restructuring is KRW3.0 trillion including KRW2.3 trillion by banks. When the total of put back options and PF guarantees are included, the total credit amounts to KRW
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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 14, 2009

Korea Gains Full Membership into the FATF

Korea has been admitted as a full member into the Financial Action Task Force (FATF) during the FATF Plenary held in Paris from October 14 to 16, 2009.Since the establishment of the Korea Financial Intelligence Unit and the introduction of Anti-Money Laundering (AML) system in 2001, the Korean government has been working to obtain full membership into the international organization.A wide range of efforts to join the FATF by Korea, which gained an observer status in August 2006, has come to fruition when this October FATF Plenary decided to admit the nation as a full member.The FATF, a leading international organization for anti-money laundering and counter-financing of terrorism (AML/CFT), was established in 1989 as an independent agency. It sets the global AML/CFT standards and works to ensure countries around the world comply with the standards.The FATF has established the global AML/CFT network consisting of 183 countries through 8 FATF-Style Regional Bodies. The network enables the organization to supervise compliance with the international standards by countries across the globe.Korea’s accession into the FATF will allow Korea to participate more actively in the process of setting or revising the global AML/CFT standards and in international AML/CFT cooperation. It is also expected to help improve integrity and confidence in the nation’s financial market, having positive impacts on overseas business operation by local financial institutions.Korean financial institutions will find it easier to have overseas business operations. They were originally required to submit additional documents for overseas businesses to the relevant authorities of the host countries simply because Korea was not a member of the FATF.Considering the recent G20 Summit called for efforts to enhance transparency in the financial markets and a stronger role by the FATF in addressing the risk of money laundering and terrorist financing, Korea will find itself well-positioned to increase
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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

Expanded Microcredit for Low-Income Households

Following the 31st Emergency Economic Meeting, the government revealed its “Miso Credit Foundation” (previously named the Microfinance Foundation) plan to provide extensive support in microcredit loans to low-income households, which will be enforced in December.The Foundation is expected to provide KRW 2 trillion over the next 10 years, in excess of 13 times the previous amount over the last 10 years, made possible through contributions from the private sector exercising their corporate social responsibility.The Miso Credit Foundation plans to open 20 to 30 branches at the first stage and expand up to 300 nationwide branches to carry out operation in order to maximize accessibility. The branches will be independently incorporated and operated, receiving operational guidelines, consulting and education from the main office.The branches will be staffed mostly by volunteers, including the branch managers, which will be non-paid positions given to ex-financiers and retirees. The regular employees will be paid less than KRW 1 million a month, and student volunteers will be paid a minimum for their daily allowances. The funding support structure for the branches will be flexible and determined according to the regular examination of their performances.In terms of funding the Foundation, the member corporations of the Federation of Korean Industries have committed to donating up to KRW 1 trillion over the next 10 years. The other KRW 1 trillion will be contributed by financial institutions, including the KRW 700 billion withdrawn from dormant accounts currently managed by the Microfinance Foundation, KRW 200 billion initially and KRW 50 billion annually over the next 10 years.The target beneficiaries will include petty business owners, traditional market business owners, viable startup franchise store owners, regular startup businesses, startup partnership businesses, and verified non-profit organizations.The interest rates will be set below the prime rate, currently
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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.
Attachment 1