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Laws of the Republic of Korea |
1
ENFORCEMENT DECREE OF THE ASSET-BACKED SECURITIZATION ACT
Presidential Decree No. 16769, Apr. 1, 2000
Amended by Presidential Decree No. 16994, Aug. 31, 2000 Presidential Decree No. 17422, Dec. 15, 2001
Presidential Decree No. 17791, Dec. 5, 2002
Presidential Decree No. 18146, Nov. 29, 2003
Presidential Decree No. 18297, Feb. 28, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 20261, Sep. 10, 2007
Presidential Decree No. 20653, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Asset-Backed Securitization Act and for those necessary for the enforcement thereof.
Article 2 (Originator)
As used in item (r) of subparagraph 2 of Article 2 of the Asset-Backed
Securitization Act (hereinafter referred to as the "Act"),
the term "person
specified in the Presidential Decree" means any of the following:
1. The Korea Deposit Insurance Corporation or a resolution finance
institution established under the Depositor Protection Act;
2. The Small Business Corporation established under the Promotion of
Small and Medium Enterprises and Encouragement of Purchase of
Their
Products Act;
3. A special purpose company for mortgage-backed bonds established
under the Special Purpose Companies for Mortgage-Backed Bonds
Act;
4. A trust company established under the Trust Business Act;
ENFORCEMENT DECREE OF ASSET-BACKED SECURITIZATION ACT
2
5. A specialized corporate restructuring company established under the
Industrial Development Act;
6. The Credit Guarantee Fund established under the Credit Guarantee
Fund Act or the Korea Technology Credit Guarantee Fund established
under the Korea Technology Credit Guarantee Fund Act;
7. The Korea Housing Guarantee Co., Ltd. established under the Housing
Act;
8. A local public enterprise carrying on any housing business or land
development business under the Local Public Enterprises Act;
9. A cooperative established under the Agricultural Cooperatives Act or
the Fisheries Cooperatives Act (limited to that whose loan
size is not
less than one hundred billion won);
10. An agricultural cooperative assets management company established
under the Act on the Structural Improvement of Agricultural
Cooperatives; or
11. The Korea Housing Finance Corporation established under the Korea
Housing Finance Corporation Act.
Article 3 (Entries in Asset-backed Securitization Plan)
As used in subparagraph 8 of Article 4 of the Act, the term "other matters
prescribed by the Presidential Decree" means the following matters:
1. Matters relating to the protection of investors in asset-backed
securities; and
2. In borrowing funds in connection with the asset-backed securitization
in question, plans for such borrowing.
Article 4 (Registration of Transfer, etc. of Assets)
(1) If any originator, special purpose company, foreign corporation
specializing
in the business of asset-backed securitization or trust company
that registers the transfer, etc. of securitization assets under
Article 6
(1) of the Act (hereinafter referred to as the "special purpose company,
etc.") makes a request for the issuance of a
document verifying such
registration, the Financial Services Commission shall, without delay, issue
it.
them under Article 6 (4) of the Act.
(3) In designating the person responsible for the management under
paragraph (2), any special purpose company, etc. shall designate
a person
other than the originator in question: Provided, That this provision shall
not apply when the originator in question and
a person other than the
originator in question preserve and manage the original and a copy
(including an electronic record), respectively,
which can be made available
to the Financial Services Commission or investors.
Article 5 (Caretaker)
As used in Article 10 (1) 3 of the Act, the term "person who meets the
requirements prescribed by the Presidential Decree" means
any corporation
which meets the following requirements:
1. It is to be capitalized at one billion won or more;
2. The number of its managing officers, including five or more of the
following experts, is to be twenty or more:
(a) Two or more attorneys-at-law, certified public accountants or
appraisers; and
(b) One or more persons who have performed such duties as are
determined by the Financial Services Commission, including the
management
of claims, the issuance of securities, etc.;
3. Its officers or employees are not to fall within any subparagraph of
Article 9 (1) of the Use and Protection of Credit Information
Act; and
4. If its largest investor is a foreigner, the foreigner is to specialize in
the management business of assets or to carry on such
business in
addition to any other business: Provided, That this provision shall
not apply when a corporation whose largest investor
is the foreigner
(limited to a corporation) carries on the management business of assets.
Article 6 (Fine for Negligence)
(1) The Financial Services Commission shall, if it imposes a fine for
negligence under Article 42 (2) of the Act, notify any person
subject to
such fine of the payment thereof by delivering him/her a document specifying
the fact of violation, the amount of such
fine, etc. after investigating and
confirming a violation involved. In this case, a notice of such payment
shall include the objection
method, the objection period, etc.
(2) The Financial Services Commission shall, if it intends to impose a
fine for negligence under paragraph (1), provide any person
subject to
such fine with an opportunity to present his/her case orally or in writing
(including an electronic document) for a
period of time of not less than
ten days fixed by it. In this case, he/she shall be deemed to have no case
failing such presentation
until that period expires.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA
(2) Omitted.
ADDENDA
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 the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on November 30, 2003. (Proviso Omitted)
ENFORCEMENT DECREE OF ASSET-BACKED SECURITIZATION ACT
5
Articles 2 through 15 Omitted.
ADDENDA
This Decree shall enter into force on March 1, 2004.
Articles 2 through 5 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation: Provided,
That among Presidential Decrees amended under Article
2 of these Addenda,
the amended provisions of any Presidential Decree which is promulgated
before this Decree enters into force,
but which does not enter into force
shall enter into force on the date when such Presidential Decree does
so.
Article 2 Omitted.
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