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  • Article

    Fractional Investment And Investment Contract

    I would like to shortly introduce some background facts of the Supreme Court of the United States in 1946.
    South KoreaFinance and Banking
    D&A LLC
    D&A LLC
  • Article

    Korean Regulator, Encouraging Financial Institutions By Relaxing The Chinese Wall Regulations

    On 28 June 2016, the Korean government enacted an amendment to the Enforcement Decree of the FSCMA which, among others, expands the exception to the Chinese wall regulations . . .
    South KoreaFinance and Banking
    Lee & Ko
    Lee & Ko
  • Article

    Regulatory Reform: FSC's New Supervisory Measures Relating To Corporate Governance Regulations Of Financial Institutions Now In Effect

    Beginning August 1, 2016, Korea's revised law on the corporate governance of financial companies took effect. On the same day, the FSC announced its year-long review of controlling shareholders...
    South KoreaCorporate/Commercial Law
    Kim & Chang
    Kim & Chang
  • Article

    Korean Regulator Publishes Draft ‘Guidelines On Margin Requirements For Non-Centrally Cleared OTC Derivatives Transactions'

    The FSS of Korea published the draft ‘Guidelines on Margin Requirements for Non-Centrally Cleared OTC Derivatives Transactions' on 14 December 2016 and invited comments to be submitted by 2 January 2017.
    South KoreaFinance and Banking
    Yulchon LLC
    Yulchon LLC
  • Article

    Treasury Shares As A Defence Mechanism Against Hostile Takeovers

    As a general rule, the Korean Commercial Code (KCC) forbids a company from acquiring its own shares (treasury shares) in accordance with principles of capital adequacy.
    South KoreaCorporate/Commercial Law
    Lee & Ko
    Lee & Ko
  • Article

    Post-M&A Disputes In Korea

    Korea has seen a dramatic increase in international commercial disputes in recent years. Among these, post-M&A deal disputes have become increasingly common and acrimonious. As the authors detail below, a historically unique set of circumstances set the stage for this swift rise in international disputes in Korea.
    South KoreaLitigation, Mediation & Arbitration
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    New Act On Governance Of Financial Institutions

    The AGFI adopts enhanced soundness standards by employing broadened qualification tests for major shareholders.
    South KoreaCorporate/Commercial Law
    Yulchon LLC
    Yulchon LLC
  • Article

    FSC To Enhance Financial Consumer Protection, Including Greater Regulatory Power Of The FSS

    On June 28, 2016, the Financial Services Commission ("FSC") proposed the enactment of the "Act on the Financial Consumer Protection Framework" (the "Proposed Enactment").
    South KoreaFinance and Banking
    Kim & Chang
    Kim & Chang
  • Article

    Tender Offers In Korea - New Shares Issued By Purchaser As Consideration

    In principle, the consideration for a tender offer under the Securities and Exchange Act ("SEA") is cash. However, it is not clear whether a tender offer in exchange for other securities, i.e. an "exchange offer", is also permitted under the SEA. If a tender offer in exchange for new shares of the purchaser is permitted as a form of exchange offer, then such structure would be very favorable to the purchaser in that he is relieved of the burden of procuring cash, while the tender offeror also ha
    South KoreaEmployment and HR
    Lee & Ko
    Lee & Ko
  • Article

    Foreign Investors Face New National Tax Rules

    On December 30 2006 the National Assembly approved a package of tax law amendments for 2007. The majority of the amendments came into force on January 1 2007.
    South KoreaStrategy
    Yulchon LLC
    Yulchon LLC
  • Article

    Korean Supreme Court Finds Criminal Breach Of Fiduciary Duty In LBO Pledge Of Target Assets

    Ruling confirms long-suspected risk of liability for directors and officers in approving use of target company assets as security for acquisition financing.
    South KoreaLitigation, Mediation & Arbitration
    Bae Kim & Lee PC
    Bae Kim & Lee PC
  • Article

    South Korea's US$200 Billion U.S. Program: What Sponsors Must Know

    South Korea has finalized its US$350 billion U.S. investment framework, splitting into a US$150 billion shipbuilding package and a US$200 billion program where Korean capital flows through U.S.-managed investment structures. Project selection does not establish binding Korean capital commitments, as funding remains subject to South Korean investment decisions, commercial reasonableness tests, and a US$20 billion annual limit.
    South KoreaFinance and Banking
    Dechert
    Dechert
  • Article

    한국법상 채권 회수 방안

    국제거래 업무 특성상, 다른 국가에 있는 거래 상대방에게 밀린 채무를 독촉해야 할 상황이 종종 발생하곤 합니다....
    South KoreaFinance and Banking
    Pine Law Office
    Pine Law Office

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