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Laws of the Republic of Korea |
1
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
Presidential Decree No. 15511, Nov. 19, 1997
Amended by Presidential Decree No. 15761, Apr. 1, 1998 Presidential Decree No. 16234, Apr. 9, 1999
Presidential Decree No. 16476, Jul. 23, 1999
Presidential Decree No. 16604, Nov. 27, 1999
Presidential Decree No. 16709, Feb. 14, 2000
Presidential Decree No. 16757, Mar. 24, 2000
Presidential Decree No. 16821, May 29, 2000
Presidential Decree No. 17791, Dec. 5, 2002
Presidential Decree No. 17816, Dec. 26, 2002
Presidential Decree No. 19299, Jan. 27, 2006
Presidential Decree No. 20653, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act
on the Efficient Disposal of Non-Performing Assets, etc.
of Financial
Institutions and the Establishment of Korea Asset Management Corporation
and necessary matters concerning the enforcement
thereof. 1. Cooperatives under the Act on Agricultural Cooperatives;
2. Fisheries cooperatives under the Act on Fisheries Cooperatives;
3. Deleted; 4. Branch offices or agencies of foreign financial institutions authorized
under Article 58 (1) of the Banking Act;
5. Insurance companies under the Insurance Business Act;
6. Mutual savings banks under the Act on Mutual Savings Banks;
7. Deleted; 8. Merchant banks under the Merchant Banks Act;
9. Credit cooperatives and the federation thereof under the Credit
Cooperatives Act;
10 Securities companies under the Securities and Exchange Act;
11. Credit guarantee funds established under the Credit Guarantee Fund
Act;
12. Specialized credit financial business companies licensed or registered
under the Specialized Credit Financial Business Act;
13. Korea Technology Credit Guarantee Fund under the Korea Technology
Credit Guarantee Fund Act;
14. Deleted; 15. Small and medium start-up investment companies under the Support
for Small and Medium Enterprise Establishment Act;
16. Community credit cooperatives under the Community Credit
Cooperatives Act;
17. Asset management companies and private equity funds under the
Indirect Investment Asset Management Business Act;
18. Companies established by financial institutions in items (a) through
(h) of subparagraph 1 of Article 2 of the Act to acquire
or liquidate
bonds, which are deemed by the Financial Services Commission
necessary to take over the bonds held by a concerned
company for
efficient liquidation of non-performing loans;
19. Financial institutions for liquidation under Article 36-3 of the Depositor
Protection Act;
20. Local-level credit guarantee foundations under the Local-Level Credit
Guarantee Foundation Act;
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA
ASSET MANAGEMENT CORPORATION
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21. Forestry cooperatives and the federation thereof under the Forestry
Cooperatives Act;
22. Korea Housing Finance Corporation under the Korea Housing Finance
Corporation Act;
23. Small Business Corporation under the Promotion of Small and Medium
Enterprises and Encouragement of Purchase of Their Products
Act;
24. Small and medium enterprise cooperatives and the federation thereof
under the Small and Medium Enterprise Cooperatives Act;
25. Korea Housing Guarantee Co., Ltd. under the Housing Act;
26. Construction Mutual-Aid Association, Specialized Construction
Mutual-Aid Association and Plant and Mechanical Contractors
Financial
Cooperative of Korea under the Framework Act on the
Construction Industry;
27. Special purpose companies under the Asset-Backed Securitization Act;
and
28. Specialized restructuring companies and corporate restructuring
associations under the Industrial Development Act.
Article 2-2
(Scope of Non-Performing Loans)
"Other equivalent loans as prescribed by Presidential Decree" as mentioned
in subparagraph 2 of Article 2 of the Act mean loans
in the following
subparagraphs: 1. Loans for which an allowance for bad debts is to be established under
the conditions prescribed by the Financial Services Commission;
and
2. Other loans deemed particularly necessary to improve the liquidity
and soundness of financial institutions which are recognized
by the
Management Committee established under Article 14 of the Act
(hereinafter referred to as the "Committee")
[This Article Newly Inserted by Presidential Decree No. 16476, Jul. 23, 1999]
Article 2-3 (Scope of Assets Subject to Sale of Financial
Institutions)
"Assets as prescribed by Presidential Decree"as mentioned in item (b) of
subparagraph 4 of Article 2 of the Act mean
assets in each of the following
subparagraphs: 1. Fixed assets (including guarantee bonds for lease; hereafter the same
shall apply in this Article) which is out of business use
due to merger,
conversion or liquidation of financial institutions; and
2. Fixed assets which financial institutions intend to sell according to
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING
ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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a timely corrective measure under Article 10 of the Act on the Structural
Improvement of the Financial Industry.
[This Article Newly Inserted by Presidential Decree No. 16476, Jul. 23, 1999]
Article 3 (Methods of and Procedures for Undertaking
Disposal of
Non-Performing Assets)
In such cases where a financial institution entrusts the disposal of
non-performing assets under Article 3 (2) of the Act to the
Korea Asset
Management Corporation (hereinafter referred to as the "Corporation")
under Article 4 (1) of the Act, the Corporation
shall conclude an agreement
with the financial institution on matters necessary for the handling of
entrusted affairs.
(1) The Corporation shall, when a financial institution requests to acquire
non-performing assets under Article 4 (1) of the Act,
establish an acquisition
contract with the relevant financial institution, consulting on the conditions
of acquisition, such as
acquisition price, etc., and acquire the non-performing
assets by the methods mentioned in the following subparagraphs:
1. Non-performing loans: Receipt of documents from which a claim
originates and transfer of actual rights granted by way of security;
and
2. Assets for non-business use: Transfer of ownership.
(2) Apart from the methods under paragraph (1), the Corporation may
acquire
and liquidate non-performing loans by taking over the whole or
part of the non-performing loans of a financial institution under
an
agreement made between the financial institution, Corporation and debtor
(in such cases where a debtor is not the owner of collateral,
including
the owner of the collateral) and taking transfer of the ownership of the
collateral for the non-performing loans for
the settlement of the
non-performing loans.
Article 5 (Calculation of Acquisition Price of Non-Performing Assets, etc.)
(1) The acquisition price of non-performing assets shall
be based on objective
prices, such as the price of collateral for non-performing loans or assets
of non-business use subject to
acquisition appraised by an appraisal business
operator under the Public Notice of Values and Appraisal of Real Estate
Act, and
shall be calculated in consideration of priority claim, right, the
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING
ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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right to lease, etc.
(1) The Corporation may preferentially acquire non-performing assets
falling under any of the following subparagraphs to efficiently
manage
the Non-Performing Loan Resolution Fund under Article 38 of the Act
(hereinafter referred to as the "Fund"):
1. Non-performing assets deemed particularly necessary to be acquired
for the public interest, such as for the protection of the
sound
management of financial institutions;
2. Non-performing assets the effect of disposal of which is significant
because of a large number of interested persons;
3. Non-performing assets the disposal of which is less restricted by public
law; and
4. Non-performing assets a swift collection of the sale proceeds of which
is possible due to no obstacles to sale.
(2) When the exercise of mortgage after the acquisition of a non-performing
loan is anticipated to be of no practical use, such
as in cases where a
claim preferential to a claim (including claims on public charges, such
as national tax and local government
tax) secured by the mortgage of
a financial institution on the collateral of the non-performing loan exceeds
the criteria set by
the operational rules of the Corporation under Article
26 (7) of the Act (hereinafter referred to as the "operational rules"), the
Corporation shall not acquire it.
Article 7 (Payment of Acquisition Consideration of Non-Performing Assets)
The acquisition price of non-performing assets shall be
paid in cash in
principle: Provided, That in cases where the non-performing asset is
acquired at the expense of the Fund, the acquisition
consideration may
be paid with the Non-Performing Loan Resolution Fund Bonds (hereinafter
referred to as "Bonds") under Article
40 of the Act in whole or in part
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS, ETC. OF FINANCIAL INSTITUTIONS
AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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in consultation with a financial institution.
Article 8 (Undertaking or Acquisition of Assets Subject to Self-Rescue Plan
of Enterprises Showing Signs of Insolvency)
(1) The provisions of Article 3 shall apply mutatis mutandis to cases where
the Corporation undertakes the sale of the assets subject
to a self-rescue
plan of an enterprise showing signs of insolvency under Article 5 (2) of
the Act.
(2) The provisions of Articles 4 (1), 5 (1) and 7 shall apply mutatis mutandis
to cases where the Corporation acquires assets subject
to a self-rescue
plan of an enterprise showing signs of insolvency under Article 5 (2) of
the Act. In such cases, the method of
acquisition of such assets shall be
as mentioned in each of the following subparagraphs:
1. Real estate: Transfer of ownership;
2. Securities: Delivery of actual object, or transfer of ownership, such
as transfer of title; and
3. Affiliated companies: Acquisition of stocks or shares to control the
relevant company.
(3) The Corporation may preferentially acquire assets subject to a self-rescue
plan of an enterprise showing signs of insolvency
which are deemed
particularly necessary to be acquired for the public interest according to
the operational rules.
Article 9 (Method for Calculation of Investment Money, etc.)
(1) The capital contribution as referred to in Article 9 (4) of the
Act shall
be calculated under the conditions prescribed in the articles of incorporation
of the Corporation, based on the amount
of total assets of a financial
institution, etc. in the scope of 10/100 of the paid-in capital of each financial
institution: Provided,
That the financial institutions as referred to in Article
2 may be excluded from financial institutions for investment through the
resolution of the Committee.
(2) The capital contribution referred to in paragraph (1) shall be made
in cash.
(3) A financial institution shall make the first capital contribution as referred
to in paragraph (1) prior to the completion of
registration of establishment
of the Corporation.
(4) The time for the payment of capital contributions, other than the capital
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING
ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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contribution under paragraph (3), shall be determined by the articles of
incorporation.
Article 10 (Registration of Establishment of Branch Offices, etc.)
In cases where the Corporation has established a branch office
or business
office, it shall register relevant matters according to the classifications
in the following subparagraphs:
1. The purpose of establishing its branch office or business office within
two weeks at the location of the main office; and
2. Matters in subparagraphs 1 through 3 (excluding matters concerning
the location of other branch offices and business offices)
and 6 of Article
12 of the Act, and the name, resident registration number and address
of the president, within three weeks at
the location of the newly
established branch office or business office.
Article 11 (Registration of Transfers)
(1) In cases where the Corporation has moved the main office, it shall
register the purpose therof within two weeks at the former
location and
the matters in each subparagraph of Article 12 (2) of the Act within three
weeks at the new location, respectively.
(2) In cases where the Corporation has moved its branch office or business
office, it shall register the purpose thereof within
three weeks at the former
location and the matters in subparagraph 2 of Article 10 of the Act within
four weeks at the new location.
Article 12 (Registration of Changes)
In cases where there is change in the matters mentioned in any subparagraph
of Article 12 (2) of the Act, such change shall be registered
at the registry
have any jurisdiction over the main office within two weeks. In such cases,
if there is change in any matter mentioned
in subparagraph 2 of Article
10, it shall be also registered at the registry have any jurisdiction over
branch office or business
office within three weeks.
Article 13 (Registration of Appointed Representatives)
When the president of the Corporation has appointed
a representative
under Article 23 of the Act (referring to a representative who has a
comprehensive right of representation of
the business), the matters in
each of the following subparagraphs shall be registered at the registry
have any jurisdiction over
the main office, branch office or business office
where such representative is located within two weeks:
DECREE ON THE ACT ON THE
EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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1. Name, resident registration number and address of the representative;
and
2. In cases where the right of the representative is restricted, the details
of such restrictions.
Article 14 (Calculation of Period of Registration)
In cases where any matter on which the authorization or approval of the
Financial
Services Commission is required to be obtained is included in
the matters to be registered under Articles 10 through 13, the period
of
registration shall be counted from the date on which a relevant letter
of authorization or letter of approval arrives.
(1) The application for registration under Articles 10 through 13 shall
be made by the president of the Corporation.
(2) The application for registration under Articles 10 through 13 shall
be accompanied by evidential documents to prove respective
causes.
Article 16 (Size of Acquisition of Non-Performing Assets Subject to
Deliberation and Resolution by Committee, etc.)
"Those exceeding the size prescribed by Presidential Decree" as mentioned
in Article 14 (2) 7 of the Act mean any of the following
subparagraphs:
1. The amount of acquisition is ten billion won or more and meets the
criteria set by the operational rules;
2. Non-performing assets the amount of acquisition of which is five billion
won or more from among the non-performing assets preferentially
acquired under Article 6 (1) 1, and which meet the criteria set by
the operational rules; and
3. Real estate to be purchased under Article 26 (1) 10 of the Act which
is expected to require development (limited to that falling
under
subparagraphs 1, 3 and 5 of the same paragraph), the estimated
development cost of which exceeds the estimated acquisition
price of
the real estate subject to acquisition and which meet the criteria set
by the operational rules.
Article 17 (Qualifications of Commissioned Members of Committee)
The members commissioned by the Financial Services Commission under
Article 15 (1) 8 of the Act shall be persons who do not fall under the
causes of disqualification of the officers of the Corporation
under Article
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT
OF KOREA ASSET MANAGEMENT CORPORATION
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19 of the Act.
Article 18 (Operation of Committee)
(1) With respect to the proceedings of the Committee, a minute book shall
be prepared, which is to be signed or sealed by the chairperson
and all
members present.
(2) No members of the Committee shall not be allowed to attend a meeting
to discuss matters in which their relatives, or any institution
or company
to which they belong they are directly interested.
(3) Allowances may be paid to members present at the meeting of the
Committee within the budgetary limits of the Corporation.
(4) Necessary matters concerning the operation of the Committee, other
than those prescribed in this Decree, shall be determined by the chairperson
through a resolution of the Committee.
Article 18-2 (Limits on Guarantees)
"The extent determined by a Presidential decree" as mentioned in Article
26 (1) 1-3 (c) of the Act means 300/100 of the aggregate
of paid-in capital,
legal reserve and business expansion reserve of the Corporation.
[This Article Newly Inserted by Presidential Decree No. 16476, Jul. 23, 1999]
Article 18-3 (Companies to be of Contribution and
Investment)
"Companies, etc. as prescribed by a Presidential decree" as mentioned in
Article 26 (1) 10-3 of the Act mean any of
the following subparagraphs:
1. Any investment company established in foreign countries for contribution
to and investment in overseas non-performing assets (hereinafter
referred to as "overseas investment, etc.") and other indirect investment
organizations similar thereto (hereinafter referred to
as an "investment
company, etc.");
2. Private equity funds under Article 144-2 of the Indirect Investment
Asset Management Business Act;
3. Special purpose companies established domestically and abroad for
the purpose of overseas investment, etc. in investment companies,
etc.;
4. Asset management companies established for the purpose of management
of overseas non-performing assets acquired by special purpose
companies; and
5. Other domestic companies deemed necessary to make overseas
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS,
ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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investments, etc. by the Financial Services Commission.
[This Article Newly Inserted by Presidential Decree No. 19299, Jan. 27,
2006]
Article 19 (Incidental Services Offered by Corporation)
"Services as prescribed by a Presidential decree" as mentioned in
Article
26 (1) 12 of the Act mean services in each of the following subparagraphs:
1. Arrangement of mergers and acquisitions to support self-rescue plans
of enterprises showing signs of insolvency;
2. Advice and consulting on the use and development of real estate;
3. Other services approved necessary by the Financial Services Commission
as services incidental to achieving the purposes of establishment
of
the Corporation, such as the disposal of non-performing assets and
support for the management normalization of enterprises showing
signs
of insolvency.
Article 20 (Scope, Criteria, etc. of Real Estate for Development)
(1) The scope and criteria to determine real estate for development
under
Article 26 (5) of the Act shall be real estate development of which (referring
to improvement of land, such as subdivision,
consolidation, alteration of
the type of land, or construction such as new construction, or expansion,
and conversion of use; hereinafter
the same shall apply) is expected to
accelerate its disposal at a reasonable price and which falls into any of
the following subparagraphs
from among real estate disposal of which is
difficult in current conditions or which is difficult sell at a reasonable
price:
1. In cases of urban areas (referring to urban areas under subparagraph
1 of Article 6 of the National Land Planning Utilization
Act; hereinafter
the same shall apply): Real estate the development costs of which
do not exceed five times the acquisition price
of the real estate for
development; and
2. In cases of non-urban areas: Real estate the development costs of
which do not exceed ten times the acquisition price of the real
estate
for development.
(2) Real estate without any obstacle to sale, which falls into any of the
following subparagraphs may become real estate for development
upon
the approval of the Committee, notwithstanding paragraph (1):
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ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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1. Real estate the development of which may resolve civil petitions raised
by a large number of residents living in neighboring areas
or contribute
to the promotion of convenience of residents; and
2. Real estate the development of which is requested by a local government
or public organization for regional development or other
public interest.
(3) For the purposes of the provisions of subparagraphs 1 and 2 of paragraph
(1), development costs shall not
include the increase of the costs resulting
from inevitable causes such as design changes resulting from a cause not
able to be
predicted in advance.
Article 20-2 (Limits on Contribution and Investment)
The limit on the total amount of overseas investments, etc. under Article
26 (6) of the Act shall be within 20/100 of the equity capital of the Corporation
at the end of the preceding year.
[This Article Newly Inserted by Presidential Decree No. 19299, Jan. 27, 2006]
Article 20-3 (Establishment and Organization of Overseas
Investment Risk
Control Committee)
(1) The Overseas Investment Risk Control Committee (hereinafter referred
to as the "Risk Control Committee") shall be established
in the Corporation
to control the risks of overseas investments, etc. under Article 26 (6)
of the Act (hereinafter referred to
as "overseas investment risks").
(2) The Risk Control Committee shall deliberate on the matters in each
of the following subparagraphs:
1. Matters concerning the basic plan and directions of overseas investment
risk control;
2. Matters concerning the control and establishment of measures against
overseas investment risks;
3. Matters concerning the propriety of overseas investment, etc. and setting
a ceiling for each case;
4. Matters concerning contracts with companies involved in overseas
investment, etc.; and
5. Other matters concerning overseas investment risk control as submitted
by the chairperson.
(3) The Risk Control Committee shall be comprised of seven members,
including one chairperson.
(4) The vice president of the Corporation shall be the chairperson, and
five persons commissioned by the president from among those
with extensive
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT
OF KOREA ASSET MANAGEMENT CORPORATION
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knowledge and experience in the fields of the financial industry and
investment, attorneys-at-law and certified public accountants,
and one
officer in charge of overseas business shall be the members.
(5) The term of office of the members shall be two years:
Provided, That
the term of office of an ex officio member shall be the period during which
he/she holds his/her official position.
[This Article Newly Inserted by Presidential Decree No. 19299, Jan. 27, 2006]
Article 20-4 (Operation of Risk Control Committee)
(1) The Risk Control Committee shall be called at the request of 1/3 of
the members on the register or when deemed necessary by
the chairperson.
(2) The resolution of the meetings of the Risk Control Committee shall
be adopted by the presence of a majority
of the members on the register
and the affirmative vote of a majority of the members present.
(3) Necessary matters concerning
the operation of the Risk Control
Committee, other than those prescribed in this Decree shall be determined
by the chairperson
through a resolution of the Risk Control Committee.
[This Article Newly Inserted by Presidential Decree No. 19299, Jan. 27, 2006]
Article 21 (Scope, Criteria and Purchasing Procedure of Adjoining Real
Estate)
(1) The adjoining real estate under Article 27 (2) of the Act shall be real
estate inseparably related to real estate for acquisition:
Provided, That
real estate size and value of which exceed the size and value of the real
estate for acquisition shall be excluded.
(2) In cases where the Corporation intends to purchase adjoining real
estate, it shall consult with the owner of the adjoining real
estate on purchase
conditions, based on objective prices, such as the price appraised by
commercial appraiser under the Public
Notice of Values and Appraisal
of Real Estate Act.
The Corporation shall, when it intends to issue bonds, report the amount,
conditions and method of issue and redemption thereof
to the Financial
Services Commission each time.
The bonds shall be in unregistered form: Provided, That they may be issued
in registered form when requested by a subscriber or
bearer.
DECREE ON THE ACT ON THE EFFICIENT DISPOSAL OF NON-PERFORMING ASSETS, ETC. OF FINANCIAL INSTITUTIONS AND
THE ESTABLISHMENT
OF KOREA ASSET MANAGEMENT CORPORATION
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Article 25 (Method of Issuance of Bonds, etc.)
The Corporation shall issue its bonds by means of the invitation of
subscriptions, total acceptance or sale.
Article 26 (Subscription to Bonds, etc.)
(1) The Corporation shall, when intending to issue bonds by means of
the invitation of subscriptions, prepare and deliver a subscription
form
in which matters in each of the following subparagraphs are entered:
1. Name of the Corporation;
2. Total amount of bonds issued;
3. Par value of bonds by denominations;
4. Interest rate of bonds;
5. Method and time of redemption of the principal;
6. Method and time of payment of interest;
7. Issuance price of bonds or minimum issue price thereof; and
8. Where any bonds unredeemed, the total amount thereof.
(2) A person who intends to apply for the invitation of subscriptions to
bonds shall enter the number and amount of bonds to which he/she intends
to subscribe and the address of the subscriber in two
subscription forms
as referred to in paragraph (1) and sign and seal, or sign them for submission
to the Corporation. In such cases,
if the bonds are issued with their minimum
value fixed, he/she shall enter the value of subscription in them.
Article 27 (Method
of Total Acceptance)
(1) The provisions of Article 26 shall not apply to cases where bonds are
issued by means of total acceptance. In cases where a
person entrusted
with an invitation for subscriptions to bonds acquires a portion of the
bonds, the same shall apply to the acquired
portion of such bonds.
(2) The Corporation shall, when intending to issue bonds by means of
sale, make public the matters in subparagraphs
1 through 6 of Article
26 (1) and the period of sale in advance.
Article 28 (Total Amount of Bonds Issued)
(1) The Corporation may, when issuing bonds under Article 26, issue bonds
even when the total amount of subscriptions to the bonds
fails to reach
the total amount of issued bonds stated in the subscription form. In such
cases, a statement to such effect shall
be entered in the subscription form.
(2) In cases under paragraph (1), the total amount of subscriptions to
the bonds shall be
the total amount of bonds issued.
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AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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Article 29 (Payment of Value of Acquired Bonds, etc.)
(1) The Corporation shall, when the subscription to bonds is closed, cause
the total amount of the bonds acquired by subscribers paid without delay.
(2) A person entrusted with the invitation of subscriptions
to bonds may
perform the conduct under paragraph (1) in his/her own name on behalf
of the Corporation.
(3) The Corporation shall not issue bonds unless the total amount
corresponding to the total amount of bonds issued is paid: Provided,
That
the same shall not apply to cases where the bonds are issued by means
of sale.
Article 30 (Matters to be Entered in Bonds)
Bonds shall state matters in each of the following subparagraphs and be
signed and sealed by the president of the Corporation:
1. Matters in subparagraphs 1 through 6 of Article 26 (1) (excluding
subparagraph 2 of the same paragraph when a bond is issued by
means
of sale);
2. Issue number of bond; and
3. Date of issuance of bond.
Article 31 (Bond Ledger)
(1) The Corporation shall keep a bond ledger at its main office and enter
matters in each of the following subparagraphs therein:
1. Number of bonds by denominations and issue number of each bond;
2. Date of issue of each bond; and
3. Matters in subparagraphs 2 through 6 of Article 26 (1).
(2) When a bond is in registered form, matters in each of the following
subparagraphs shall be entered, other than the matters in each
subparagraph of paragraph (1):
1. Name and address of bond holder; and
2. Date of acquisition of bond.
(3) The holder or bearer of a bond may request from the Corporation the
inspection of the bond ledger.
Article 32 (Transfer of Bonds in Registered Form)
The transfer of a bond in registered form shall not be binding on the
Corporation
or any third person unless the matters in each subparagraph
of Article 31 (2) are entered in the bond ledger.
Article 33 (Establishment
of Pledge Rights on Bonds in Registered Form)
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INSTITUTIONS AND
THE ESTABLISHMENT OF KOREA ASSET MANAGEMENT CORPORATION
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(1) In cases where the object of a pledge right is a bond in registered
form, such pledge right shall not be binding the Corporation
or any other
third person unless the name and address of the pledgee is registered
in the bond ledger.
(2) In cases where a pledge right has been established under paragraph
(1), the Corporation shall enter a statement to such effect
in the relevant
bond.
Article 34 (Cases of Absence of Interest Coupons)
(1) In cases of redemption of a bond in unregistered form issued with
interest
coupons, if there is any defect in the interest coupons, an amount
corresponding to such interest coupons shall be deducted from
the amount
of redemption.
(2) The bearer of the interest coupons under paragraph (1) may request
for the payment of the amount deducted in exchange for the
coupons.
Article 35 (Notice to Bond Bearers, etc.)
(1) Notices or peremptory notices to subscribers or entitled persons before
the issuance of the relevant bonds shall be sent to
the address entered
in the subscription form. In such cases, if the Corporation is notified of
an additional address, they shall
be sent to such address.
(2) Notices or peremptory notices to the holder of a bond in registered
form shall be sent to the address
entered in the bond ledger. In such cases,
if the Corporation is notified of an additional address, they shall be sent
to such
address.
(3) Notices or peremptory notices to the holder of a bond in unregistered
form shall be issued by means of public notice.
Article 36 (Reports)
The Corporation shall, upon completion of the issuance of bonds, report
the details thereof to the Financial Services Commission.
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(2) The annual amount of funds as referred to in the proviso to Article
41 (2) 1 of the Act means the annual amount of funds actually
expended
according to the operation plan as referred to in Article 42 (1) of the Act.
ADDENDA
This Decree shall enter into force on November 23, 1997: Provided, That
the provisions of Articles 5 and 6 shall enter into force
on the date of
its promulgation.
Article 2 (Repeal of other Acts and Subordinate Statutes)
The Decree on the Korea Assets Management Corporation shall be repealed.
Article 3 (Disposal of Residual Assets of Fund)
(1) The time of return of residual assets of the Fund under Article 2 (2)
of the Addenda of the Act shall be within three months
from the point
of time of which the Fund completes the redemption of debts and disposal
of acquired assets: Provided, That in cases
where the redemption of debts
and disposal of acquired assets have been mostly completed after the
termination of the period of
operation of the Fund, the residual property
may be returned earlier under the approval of the Committee within a
scope not impeding
the redemption of residual debts.
(2) The residual property of the Fund shall be returned in cash according
to the rate of contribution
to the Fund: Provided, That in cases where
an agreement is reached with the relevant financial institution, it may
be returned
in kind by a method determined by the Committee.
(3) The Corporation shall, when intending to return the residual assets
of the
Fund, prepare a list of assets and a balance sheet of the Fund
in advance and obtain the approval of the Committee thereon, and
upon
the returning of the residual assets, it shall report to the Committee without
delay, preparing a written report on the settlement
of accounts.
Article 4 (Transfer of Reserve to Capital)
(1) The reserve under Article 6 (2) of the Addenda of the Act shall be
an amount obtained by deducting the book value of the assets
in possession,
taxes and public charges to be imposed, and liability-natured reserves
to be appropriated from the sum of surplus
profits and value of appraisal
of the assets in possession as of the date preceding the date of registration
of establishment of
the Corporation (hereinafter referred to as the "date
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of registration of establishment"). In such cases, the value of appraisal
of the assets in possession shall be as classified in
each of the following
subparagraphs:
1. Real estate: The value appraised and assessed by an appraisal business
operator under the Public Notice of Values and Appraisal
of Lands,
etc. Act within three months before the date of registration of
establishment; and
2. Assets other than real estate: The value assessed by a method which
is generally accepted to be fair and proper as the criteria
or practice
of corporate accounting on the date preceding the date of registration
of establishment.
(2) The reserve under paragraph (1) shall revert to the Korea Development
Bank on the date of registration of establishment and
be considered to
have been invested in the Corporation by the Korea Development Bank.
(3) Other necessary matters concerning the
transfer of the reserve under
paragraph (1) shall be determined by the articles of incorporation.
Article 5 (Special Cases of Payment
of Initial Investment and Contribution,
etc.)
With respect to the initial investment and contribution under Articles 9
and 22, financial institutions subjects of investment and
contributions,
calculation method of investment an contribution, time of payment, etc.
shall be determined by the Establishment
Committee under Article 3 of
the Addenda of the Act (hereinafter referred to as the "Establishment
Committee").
Article 6 (Special Cases of Preparation for Issuance of Bonds)
Before the Corporation completes the registration of establishment,
necessary matters concerning the issuance of the Bonds, such as application
for the guarantee of obligations for the redemption
of the principal and
interest of the Bonds under Article 40 (4) of the Act shall be determined
by the Establishment Committee.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
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ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2000.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
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ADDENDUM
This Decree shall enter into force on the date of its promulgation: Provided,
That each amendment to Presidential Decrees the date
of which has not
arrived even though they have been promulgated before the enforcement
of this Decree from among the Presidential
decrees to be amended pursuant
to Article 2 of the Addenda shall enter into force on the date of the relevant
Presidential Decree
enters into force.
Article 2 Omitted.
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