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Laws of the Republic of Korea |
1
ENFORCEMENT RULES OF THE KOREA HOUSING FINANCE CORPORATION ACT
Ordinance of the Ministry of Finance and Economy No. 352, Feb. 28, 2004 Amended by Ordinance of the Ministry of Finance and Economy No. 409, Jan. 13, 2005 Ordinance of the Ministry of Finance and Economy No. 557, May 3, 2007 Ordinance of the Prime Minister No. 875, Mar. 3, 2008 Article 1 (Purpose)
The purpose of these Rules is to regulate matters delegated by the Korea
Housing Finance Corporation Act and the Enforcement Decree
thereof and
those necessary for the enforcement thereof.
Article 2 (Overseas Employees)
(1) With regards to workers under Article 2 (1) 4 of the Enforcement Decree
of the Korea Housing Finance Corporation Act (hereinafter
referred to as
the "Decree"), the fact that they are employed overseas shall be evidenced
by a confirmation document issued by
the competent Minister or the president
of the Korea International Cooperation Agency under the Korea International
Cooperation
Agency Act.
(2) In the confirmation document under paragraph (1), following matters
shall be stated:
1. Name and registration number of the relevant worker;
2. Title or name the relevant employer;
3. Place of work and period of employment; and
4. Monthly wage.
Article 3 (Scope of Contribution-Base Loans of Housing Finance Credit
Guarantee Fund, etc.)
(1) The "ratio provided for Ordinance of the Prime Minister" in Article 56
(3) of the Korea Housing Finance Corporation Act (hereinafter
referred to
ENFORCEMENT RULES OF THE KOREA HOUSING FINANCE
CORPORATION ACT
2
as the "Act") shall mean the contribution ratio in annexed Table. 1. Loans from the National Housing Fund under the Housing Act: Provided,
That the loans prescribed by the president of the Korea
Housing Finance
Corporation from among loans which lends funds without acquiring
mortgages against public organizations, including
the state and local
governments, etc.; and
2. In cases of financial institutions under Article 56 (3) of the Act (the
National Housing Fund under the Housing Act shall be excluded;
hereafter
in this Article the same shall apply), loans under any of following items:
(a) A loan (a loan secured by mortgage (including
a right of fixed collateral)
to be created over the relevant house within three months from the
registration date of ownership
preservation or ownership transfer,
shall be included, but any loan to be secured by a guarantee for reverse
annuity mortgages
under subparagraph 8-2 of Article 2 of the Act
shall be excluded) to be used by a house owner for the construction,
purchase or
lease (including the lease of a house on a deposit basis)
of houses or home improvement;
(b) A loan to be used by a housing business operator for the construction,
purchase of houses with the aim of selling in lots or
leasing;
(c) A loan by a business proprietor provided for in Article 2 (1) of the
Decree for the construction or purchase of houses
in order to sell
in lots or to lease (including an unsecured lease) to workers;
(d) A loan to be used to concluding a contract
for buying in lots of a
house (including a lease) and pay the amount indicated on such
contract;
(e) Loaned finds secured by a credit guarantee under subparagraph 8
of Article 2 of the Act;
(f) Loaned finds for which an agreement on transfer by acquisition of
ENFORCEMENT RULES OF THE KOREA HOUSING FINANCE
CORPORATION ACT
3
mortgage-backed claims in accordance with Article 22-2 of the Act;
and
(g) Other kinds funds of loans for housing.
(3) Each financial institution shall, when it prepares a balance sheet under
Article 56 (3) of the Act, classify loaned funds under
paragraph (2) 2 as
a housing loan and separate them from loans from other funds.
[This Article Wholly Amended by Ordinance of the
Ministry of Finance and Economy
No. 557, May 3, 2007]
Article 4 (Time of Contribution to Housing Finance Credit Guarantee Fund,
etc.)
(1) The financial institutions under Article 56 (3) of the Act shall contribute
the amount computed by multiplying the monthly average
balance of Fund
Contribution Base Loans of each monty by the contribution ratio under Article
3 (1) to the Housing Finance Credit
Guarantee Fund by the end of the
following month.
(2) When a financial institution makes an investment in accordance with
paragraph (1), it shall submit the following documents to
the Korea Housing
Finance Corporation:
1. Calculation sheets of contributions;
2. Compound trial balance:
3. Documents evidencing monthly average balances; and
4. Other documents determined and published by the Financial Services
Commission.
[This Article Wholly Amended by Ordinance of the Ministry of Finance and Economy
No. 557, May 3, 2007]
Article 5 (Scope of Contribution Base Loans of Account for Guarantee
of Reverse Annuity Mortgage, etc.)
(1) The "rate prescribed by Ordinance of Prime Minister" prescribed in Article
59-3 (3) of the Act shall be 2/1000 per annum.
(2) The scope of loans from financial institutions which are subject to making
contributions to the Account for Guarantee of Reverse
Annuity Mortgage
in accordance with Article 59-3 (4) of the Act shall mean the loans for
which the guarantee for reverse annuity
mortgages (hereinafter refers to
as "Account Contribution Base Loans") to be provided for under subparagraph
ENFORCEMENT RULES
OF THE KOREA HOUSING FINANCE
CORPORATION ACT
4
8-2 of Article 2 of the Act.
(3) A financial institution shall, when it prepares balance sheets, separate
loaned funds under paragraph (2) from loans from other
funds and classify
as reverse annuity mortgage loans.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No.
557, May 3, 2007]
Article 6 (Time for Contribution to Account for Guarantee of Reverse
Annuity Mortgage, etc)
(1) Each financial institution shall contribute the amount computed by
multiplying the monthly average balance of the Account Contribution
Base
Loans of each monty by the contribution ratio under Article 5 (1) to the
Account for Guarantee of Reverse Annuity Mortgage
by the end of following
month.
(2) When a financial institution makes an investment in accordance with
paragraph (1), it shall submit the following documents to
the Korea Housing
Finance Corporation:
1. Calculation sheets of contributions;
2. Compound trial balance:
3. Documents evidencing monthly average balances; and
4. Other documents determined and published by the Financial Services
Commission.
[This Article Newly Inserted by Ordinance of the Ministry of Finance and Economy No.
557, May 3, 2007]
ADDENDA
Article 1 (Enforcement Date)
These Rules shall enter into force on March 1, 2004.
Article 2 (Abrogation of Other Act and Subordinate Statute)
The Enforcement
Rules of the Act on the Assistance to Residential Stability
and Lump Sum-raising Savings of Workers shall be abrogated
Article
3 Omitted.
Article 4 (Relations with Other Acts and Subordinate Statutes)
(1) When the former Enforcement Rules of the Act on the Assistance
to
Residential Stability and Lump Sum-raising Savings of Workers or any
provisions of such former Rules cited by other Acts and
subordinate statutes
ENFORCEMENT RULES OF THE KOREA HOUSING FINANCE
CORPORATION ACT
5
at the time when these Rules enter into force, and there exist provisions
corresponding thereto in these Rules, it shall be deemed
to cite these Rules
or the corresponding provisions in these Rules in lieu of the former provisions.
(2) The Housing Finance Credit
Guarantee Fund cited by other Acts and
subordinate statutes at the time these Rules enter into force shall be deemed
the Housing
Finance Credit Guarantee Fund under these Rues in lieu thereof.
ADDENDUM
These Rules shall enter into force on February 1, 2005.
ADDENDA
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation: Provided,
That the amended provisions of Articles 3 and 4
and annexed Table shall
enter into force on July 1, 2007.
Article 2 (Applicability)
The amended provisions of Articles 3 and 4 and annexed Table shall apply
starting with the portion for which liability for contributions
occurs after
July 1, 2007 and the portion of loans secured by mortgages (including a
right of fixed collateral: hereinafter the
same shall apply) established on
the relevant house within three months from the ownership preservation
registration or ownership
transfer registration of the relevant house, from
among the provisions of Article 3 (2) 2 (a) of Article 3, shall apply to cases
where the first mortgage is established after July 1, 2007.
ADDENDA
These Rules shall enter into force on the date of their promulgation.
Articles 2 through 5 Omitted.
ENFORCEMENT RULES OF THE KOREA HOUSING FINANCE
CORPORATION ACT
6
[Table]
Contribution rates (related to Article 3 (1))
(Unit: percentage)
Classification Rates
Basis
Rates
Long-term Loans,
Long-term fixed rate
under each
subparagraphs of
Article 3 (2)
0.125 per annum
None Long-term
Loans fixed rate from
among loans under
each subparagraphs of
Article 3 (2)
0.260 per annum
Differen-
tial rates
(Subrogated amount of
the immediately
preceding year/
Contributions of the
immediately preceding
year)×100
over 400%
+ 0.04
per
annum
more than 300% and
not more than 400%
+ 0.03
per
annum
more than 200% and
not more than 300%
+ 0.02
per
annum
more than 100% and
not more than 200%
+ 0.01
per
annum
100% 0
more than 75% and - 0.01
ENFORCEMENT RULES OF THE KOREA HOUSING FINANCE
CORPORATION ACT
7
less than 100%
per
annum
more than 50% and
not more than 75%
- 0.02
per
annum
more than 25% and
not more than 50%
- 0.03
per
annum
not more than 25%
- 0.04
per
annum
Contribution rates Basis rates + Differential rates
Note: Fixed rate, long-term loans means loans which mature in 10
years or longer
and the same rate applies from the initial agreement
date to the maturity date.
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