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Laws of the Republic of Korea |
1
ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL TRANSACTIONS AND GUARANTEE OF SECRECY
Ordinance of the Prime Minister No. 673, Dec. 31, 1997 Amended by Ordinance of the Prime Minister No. 875, Mar. 3, 2008 Article 1 (Purpose)
The purpose of this Rule is to provide for matters delegated by the Act on Real Name Financial Transactions and Guarantee of Secrecy and its Enforcement Decree as well as for those necessary for the enforcement thereof.
Article 2 (Financial Assets)
As used in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Guarantee of Secrecy (hereinafter referred to as the "Act"), the term "those provided for by Ordinance of the Prime Minister" means any of the following:
1. Certificates of pre-emptive rights to new shares; and
2. Securities or certificates issued by any foreign country or foreign body corporate.
Article 3 (Confirmation of Transactions in Real Name)
Real names in financial transactions shall be confirmed as follows:
1. In the case of individuals:
(a) Resident registration cards of persons subject to the issue thereof:
Provided, That when it is
difficult to make such confirmation by
resident registration cards, certificates which are issued by state
organs, local governments
or principals of schools under the
Education Act and which are capable of confirming real names, or
certified copies of resident
registers and other certificates capable
of verifying their identity;
ENFORCEMENT RULE OF THE ACT ON REAL NAME FINANCIAL
TRANSACTIONS AND GUARANTEE OF SECRECY
2
(b) Certified copies of resident registers of persons not subject to the
issue of resident registration cards and their legal agents'
certificates
referred to in item (a), or other certificates and documents capable
of confirming real names; and
(c) In the case of Korean nationals residing abroad, their passports or
registration cards of Korean nationals residing abroad referred
to
in the proviso of subparagraph 1 of Article 3 of the Enforcement
Decree of the Act on Real Name Financial Transactions and Guarantee
of Secrecy (hereinafter referred to as the "Decree");
2. In the case of bodies corporate:
Business registration certificates referred to in subparagraph 2 of Article
3 of the Decree,
documents with tax payment numbers or certified
copies thereof;
3. In the case of organizations other than bodies corporate:
Certificates and documents referred to in subparagraph 1 above which
are capable of confirming the real names of persons representing such
organizations under subparagraph 3 of Article 3 of the Decree:
Provided,
That in the case of organizations referred to in the proviso of
subparagraph 3 of Article 3 of the Decree, documents
with their own
numbers or tax payment numbers or certified copies thereof;
4. In the case of foreigners or foreign organizations:
Alien registration cards and foreign organization registration
certificates
referred to in subparagraph 4 of Article 3 of the Decree
or passports and identification cards; and
5. In case it is difficult to confirm real names under subparagraphs 1
through 4:
Written confirmations or certificates issued by the heads of relevant
entities or other methods determined by the Financial Services
Commission.
Article 4 (Heads of Entities Supervising and Examining Financial
Institutions)
The heads of entities supervising and examining financial institutions under
Article 13 (2) of the Decree shall be as shown in the
attached Table.
Article 5 (Procedures for Collection of Fine for Negligence)
The Rule for Dealing with Affairs of Revenue Collectors
shall apply mutatis
mutandis to the procedures for collection of a fine for negligence under
ENFORCEMENT RULE OF THE ACT ON REAL
NAME FINANCIAL
TRANSACTIONS AND GUARANTEE OF SECRECY
3
Article 13 (5) of the Decree. In this case, a notice of payment thereof
shall include the objection method, the objection period,
etc.
ADDENDA
Article 1 (Enforcement Date)
This Rule shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Rule)
The Enforcement Rule of the Presidential Financial and Economic
Emergency Order on Real Name Financial Transactions and Guarantee
of Secrecy shall be repealed.
Article 3 (Value of Bonds)
As used in subparagraph 5 of Article 3 of the Addenda of the Decree, the
term "value provided for by Ordinance of the Prime Minister"
means any
of the following:
1. In case of buying or selling the same bonds on several occasions: the
amount obtained by multiplying their quantities by the unit
acquisition
price calculated by the moving average method (the total average
method, if the financial institution concerned uses
it) until August 12,
1993;
2. In case of deposit in kind: the amount obtained by multiplying their
quantities by the price formulated at the last date before
depositing
bonds similar to the bonds in question; or
3. In cases other than those referred to in subparagraphs 1 and 2: the
acquisition value.
Article 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
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