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1
ENFORCEMENT RULES OF THE KOREA TECHNOLOGY CREDIT GUARANTEE FUND ACT
Ordinance of the Ministry of Finance No. 1718, Jul. 16, 1987 Ordinance of the Ministry of Finance No. 1730, Dec. 17, 1987 Ordinance of the Ministry of Finance No. 1786, Apr. 1, 1989 Ordinance of the Ministry of Finance No. 1801, Dec. 8, 1989 Ordinance of the Ministry of Finance No. 1856, Mar. 30, 1991 Ordinance of the Ministry of Finance No. 1881, Apr. 24, 1992 Ordinance of the Ministry of Finance No. 1892, Aug. 25, 1992 Ordinance of the Ministry of Finance No. 1898, Dec. 17, 1992 Ordinance of the Ministry of Finance No. 1922, Apr. 24, 1993 Ordinance of the Ministry of Finance No. 2002, Aug. 25, 1994 Ordinance of the Ministry of Finance and Economy No. 668, Dec. 31, 1997 Ordinance of the Ministry of Finance and Economy No. 67, Mar. 12, 1999 Ordinance of the Ministry of Finance and Economy No. 176, Jan. 20, 2001 Ordinance of the Ministry of Finance and Economy No. 458, Aug. 26, 2005 Ordinance of the Ministry of Finance and Economy No. 481, Jan. 24, 2006 Ordinance of the Ministry of Finance and Economy No. 491, Feb. 22, 2006 Ordinance of the Ministry of Finance and Economy No. 562, Jun. 4, 2007 Ordinance of the Prime Minister No. 875, Mar. 3, 2008 Article 1 (Purposes)
The purpose of these Rules is to provide for the matters necessary for
the enforcement of the Korea Technology Credit Guarantee
Fund Act and
its Enforcement Decree.
Article 2 (Definitions)
Except as otherwise provided for in these Rules, the definitions of terms
used in these Rules shall be governed by the Korea Technology
Credit
Guarantee Fund Act (hereinafter the "Act") and its Enforcement Decree
(hereinafter the "Decree").
Article 3 (Scope of Loans Extended by Venture Capitalist)
(1) The scope of loans that become the basis of contributions made to
the
ENFORCEMENT RULES OF THE KOREA TECHNOLOGY CREDIT
GUARANTEE FUND ACT
2
Korea Technology Credit Guarantee Fund by a specialized credit financial
company that has registered a venture capital business
under the Specialized
Credit Financial Business Act (hereinafter a "venture capitalist") pursuant
to Article 13 (3) of the Act
shall be the amount calculated by deducting
loans falling under subparagraph 2 from loans falling under subparagraph
1 (hereinafter
"loans that become the basis of contributions by a venture
capitalist"):
1. New Technology Financial Loans on balance sheet; and
2. Loans falling under the following subparagraphs:
(a) Loans from Government Funds or Public Funds whose financial
resources are
funds provided by the State or local governments;
(b) Loans from Foreign Funds;
(c) Loans whose financial resources are borrowings from financial
institutions; and
(d) Loans whose interest margins are guaranteed by the Government.
(2) Loans described in each subparagraph of paragraph (1) shall
be
determined according to the balance sheet and its account headings that
are submitted by a venture capitalist to the Financial
Services Commission
established under the Act on the Establishment, etc. of Financial Services
Commission pursuant to Article 54
of the Specialized Credit Financial
Business Act and Article 23-2 of its Enforcement Decree.
Article 4 (Scope of Loans Extended by Financial Institution)
(1) The scope of loans that become the basis of contributions made
to the
Korea Technology Credit Guarantee Fund by a financial institution pursuant
to Article 13 (3) of the Act shall be the amount
calculated by deducting
loans falling under subparagraph 2 from loans falling under subparagraph
1 (hereinafter "loans that become
the basis of contributions by a financial
institution"):
1. Loans falling under the following items on Balance Sheet:
(a) Loans in banking account;
(b) The following headings on Trust Account:
() Loans;
ENFORCEMENT RULES OF THE KOREA TECHNOLOGY CREDIT
GUARANTEE FUND ACT
3
() Privately placed bonds (limited to those directly purchased from
companies);
() Bills bought (limited to commercial papers directly bought from
companies); and
() Credit card receivables (limited to corporate purchasing card
receivables and corporate sales card receivables);
(c) The following
headings on merchant banking account:
() Discounted notes;
() Discounted trade bills ;
() Factoring; and
() Advances for customers; and
() CMA assets;
2. Loans falling under the following items:
(a) The following descriptions in the heading "Loans" in banking account:
() Won-denominated
loans in falling under the following:
a) Equipment loans to Enterprises; and
b) Loans to Households;
() Foreign Currency-denominated loans falling under the following:
a) Loans for Equipment;
b) Loans extended in foreign countries by overseas branches,
agents, places of business or other offices established by
financial
institutions; and
c) Loans extended (for up to one year) to import companies
by financial institutions in a manner that the financial
institutions
directly remit the import prices to the parties
to the import companies;
() Domestic Banker's Usance;
() Foreign Currency-denominated Off-shore Loans in ;
() Call Loans;
() Bills Purchased in Won (excluding commercial papers purchased
directly from companies);
() Bills Purchased in Foreign Currencies;
() Credit Card Receivables (excluding Corporate Purchasing Card
Receivables and Corporate Sales Card Receivables);
() Debit Card
Receivables (excluding Corporate Purchasing Card
Receivables and Corporate Sales Card Receivables);
ENFORCEMENT RULES OF THE KOREA
TECHNOLOGY CREDIT
GUARANTEE FUND ACT
4
() Bonds Purchased under Resale Agreements;
() Factoring Receivables (excluding those for which an agreement
is concluded to the effect that a financial institution can excercise
the right to claim repayment against a transferrer of account
receivables);
() Receivables Convertible to Equity Securities; and
( ) Gold Loans;
(b) The following descriptions in the heading "Loans" in Trust Account:
() Equipment Loans to Enterprises;
() Loans to Households;
(c) The following descriptions in the headings "Discounted Notes" and
"CMA Assets" in Merchant Bank Account:
() Discounted Notes that are sold within five business days from
the purchase day; and
() The following descriptions under the heading "CMA Assets":
a) Discounted Notes sold within five business days from the
purchase
date;
b) Securities;
c) Deposits; and
d) Other operating assets;
(d) Loans from Government Funds or Public Funds whose financial
resources are funds provided by the State or local governments;
(e) Loans from Foreign Funds;
(f) Loans between Financial Institutions; and
(g) Loans from the Export-Import Bank of Korea under Article 18 of
the Export-Import Bank of Korea Act (excluding loans extended
(for up to one year) for unspecified export trades);
(h) Loans that Become the Basis of Contributions for the Fund under
Article
3 of the Enforcement Rules of the Korea Housing Finance
Corporation Act and loans that Become the Basis of the Contributions
for
the Account under Article 5 of the same Enforcement Rule;
(i) Loans extended to the Non-performing Loan Resolution Fund
established
under Article 38 of the Act on the Efficient Disposal
of Non-Performing Assets, etc. of Financial Institutions and the
Establishment
of Korea Asset Management Corporation
(j) Loans extended to the Deposit Insurance Fund established under
ENFORCEMENT RULES OF THE
KOREA TECHNOLOGY CREDIT
GUARANTEE FUND ACT
5
Article 24 (1) of the Depositor Protection Act;
(k) Loans extended to the Export Insurance Fund established under
Article 30 of the Export Insurance Act;
(l) Specific Equipment Loans for the Promotion of Enterprise's
Investment;
(m) Won-denominated Loans for the Promotion of the Enterprise's
Equipment Investments financed by foreign currency and are
designated
by the Financial Services Commission;
(n) Loans for the Support for the Structural Improvement Projects of
Small or Medium-Sized Enterprises that are designated by the
Financial Services Commission;
(o) Loans whose financial resources are borrowings from the Korea
Development Bank, among those extended to corporations that are
relocated to an area outside the Seoul Metropolitan area pursuant
to Article 63-2 (1) of the Restriction of Special Taxation Act;
(p) Loans on Property Formation Savings provided for in Article 45
(1) of Act No. 3930, the Act on Assistance to the Residential
Stability
and Lump Sum-raising Savings of Workers;
(q) Loans extended to Enterprises Subject to Rationalization under
Article 12 (2) of the Addenda of Act No. 5584, the amended Regulation
of Tax Reduction and Exemption Act for which interest is exempted
or reduced or deterred from collection; and
(r) Loans financial resources for which are borrowings from the Bank
of Korea and which are extended to the Korea Asset Management
Corporation for the purpose of supporting the rehabilitation of persons
who have defaulted on financial debt, to cover their living
expenses.
(2) Loans described in each subparagraph of paragraph (1) shall be
determined according to the balance sheet and its
headings submitted to
the Financial Services Commission under the Act on the Establishment,
etc. of Financial Services Commission
pursuant to Article 47 of the Banking
Act, Articles 47 and 49 of the Korea Development Bank Act, Article 3
of the Industrial Bank
of Korea Act, Articles 39 and 41 of the Export-Import
Bank of Korea Act, and other related Acts and subordinate statutes.
ENFORCEMENT RULES OF THE KOREA TECHNOLOGY CREDIT
GUARANTEE FUND ACT
6
Article 5 (Amount of Contributions and Time and Method of Making
Contribution)
(1) Each venture capitalist shall contribute to the Korea Technology Credit
Guarantee Fund an amount at an annual rate of 3/1000
of the average
quarterly balance of loans that become the basis of contributions by a venture
capitalist at the end of each quarter,
by not later than the last day of
the month following the end of each quarter.
1. Calculation statements of contributions;
2. Documents verifying average monthly balance or average quarterly
balance;
3. Detailed statement of loans described in each item of Article 3 (1)
2 and each item of Article 4 (1) 2; and
4. Other documents designated and publicly announced by the Financial
Services Commission.
(4) Notwithstanding the provisions of paragraphs (1) and (2), where the
Korea Technology Credit Guarantee Fund requests a venture
capitalist
or financial institution to pay contributions in advance after obtaining
approval of the Financial Services Commission
on contributions receivable,
time of receipt, method of ex-post settlement, etc., the venture capitalist
or financial institution
may prepay such contributions.
Article 6 Deleted.
ENFORCEMENT RULES OF THE KOREA TECHNOLOGY CREDIT
GUARANTEE FUND ACT
7
ADDENDUM
These Rules shall enter into force on the date of their promulgation.
ADDENDA
These Rules shall enter into force on January 1, 1988.
Articles 2 through 4 Omitted.
ADDENDA
(2) (Applicability) The amended provisions of Article 4 (1) 2 (k) shall apply
only to loans extended on or after December 1, 1989,
the conditions and
methods of which having been resolved by the Industrial Policy Deliberation
Committee on November 28, 1989.
ADDENDA
(2) (Applicability) The amended provisions of Article 4 (1) 2 shall apply,
starting with the contributions that are compulsorily
paid from the month
which includes the date when these Rules enter into force.
ADDENDUM
GUARANTEE FUND ACT
8
ADDENDA
(2) (Applicability) The amended provisions of Article 4 (1) 2 (m) shall apply,
commercing from the contributions compulsorily paid
from the month which
includes the date when the Minister of Finance designates as the relevant
loans.
ADDENDA
(2) (Applicability) The amended provisions of Article 4 (1) 2 (n) shall apply,
commercing from the contributions compulsorily paid
from the month which
includes the date when the Minister of Finance designates as loans for the
support of the structural improvement
projects of small or medium-sized
enterprises.
ADDENDA
(2) (Applicability) The amended provisions of Article 4 (1) 2 shall apply,
commercing from the contributions compulsorily paid from
the month which
includes the date when these Rules enter into force.
ADDENDA
(1) (Enforcement Date) These Rules shall enter into force on January 1,
1998: Provided, That the amended provisions of Article 4
(1) 2 shall enter
into force on the date of their promulgation.
(2) (Applicability) The amended provisions of Article 4 (1) 1 and 2 shall
apply, commercing from the contributions compulsorily
paid from the month
which includes the date when these Rules enter into force.
ADDENDA
ENFORCEMENT RULES OF THE KOREA TECHNOLOGY CREDIT
GUARANTEE FUND ACT
9
(1) (Enforcement Date) These Rules shall enter into force on the date of
their promulgation.
(2) (Applicability) The amended provisions of Article 4 (1) 2 (p) shall apply,
commercing from the contributions compulsorily paid
from the month which
includes the date when these Rules enter into force.
ADDENDA
(1) (Enforcement Date) These Rules shall enter into force on February 1,
2001.
(2) (Applicability) The amended provisions of Article 4 (1) 2 (q) and (r)
shall apply, commercing from the contributions compulsorily
paid from the
month which includes the date when these Rules enter into force.
ADDENDA
(1) (Enforcement Date) These Rules shall enter into force on the date of
their promulgation.
(2) (Applicability) The amended provisions of Article 4 (1) 2 shall apply,
commercing from the contributions compulsorily paid from
the month which
includes the date when these Rules enter into force.
ADDENDA
(1) (Enforcement Date) These Rules shall enter into force on the date of
their promulgation.
(2) (Applicability) The amended provisions of annexed Table shall apply,
commercing from the contributions compulsorily paid from
the month which
includes the date when these Rules enter into force.
ADDENDA
(1) (Enforcement Date) These Rules shall enter into force on the date of
their promulgation.
(2) (Applicability) The amended provisions of Article 4 (1) 2 (s) shall apply,
ENFORCEMENT RULES OF THE KOREA TECHNOLOGY CREDIT
GUARANTEE FUND ACT
10
commercing from the contributions compulsorily paid from the month which
includes the date when these Rules enter into force.
ADDENDA
Article 1 (Enforcement Date)
These Rules shall enter into force on July 1, 2007.
Article 2 (Transitional Measures on Loans Extended to Corporations that
are
Relocated to Area outside Seoul Metropolitan Area)
Notwithstanding the amended provisions of Article 4 (1) 2 (o), loans under
the
former provisions of Article 4 (1) 2 (q) shall be excluded from loans
that become the basis of contributions by a financial institution.
ADDENDA
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of their promulgation.
Articles 2 through 5 Omitted.
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