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  • Article

    Implementation Of Integrated Accounts (Omnibus Accounts)For Foreigners To Improve The Investment Regime Applicable To Foreigners

    The "FSC" announced on February 1, 2016 that it intends to reform the existing regulatory regime applicable to foreigners investing in listed securities by introducing integrated accounts...
    South KoreaCorporate/Commercial Law
    Yulchon LLC
    Yulchon LLC
  • Article

    Recent Developments In Korean Franchise Law

    Since 2008 Korean franchise law has imposed registration and disclosure obligations on franchisors. In recent years this has seen a steady increase in the number of disclosure document registrations.
    South KoreaCorporate/Commercial Law
    Dentons
    Dentons
  • Article

    Compliance Checklist For Small-Sized Businesses Following Expansion Of SAPA Regulations

    Effective January 27, 2024, the Serious Accident Punishment Act (SAPA) entered into force against small-sized businesses (businesses with 5~49 regular employees)...
    South KoreaCorporate/Commercial Law
    Lee & Ko
    Lee & Ko
  • Article

    Franchising In South Korea - Important Updates To Disclosure Rules

    South Korea has a franchise specific law ("Franchise Act") which imposes registration and disclosure obligations on franchisors.
    South KoreaCorporate/Commercial Law
    Fieldfisher
    Fieldfisher
  • Article

    MRFTA Amendments On Expansion Of Merger Notification Exemptions And Introduction Of Commitment Procedures For Merger Control

    On January 25, 2024, the Korea Fair Trade Commission (KFTC) proposed amendments (Amendments) to the Monopoly Regulation and Fair Trade Act (MRFTA) were approved by the National Assembly of Korea
    South KoreaCorporate/Commercial Law
    Lee & Ko
    Lee & Ko
  • Article

    Regulations On Bank And Bank Holding Company Ownership To Be Relaxed

    On December 3, 2008, amendments to the enforcement decrees for the Bank Act and the Financial Holding Company Act respectively were promulgated, resulting in the relaxation of the test for a "non-financial business operator" ("NFBO") whose ownership of a bank or bank holding company is restricted.
    South KoreaCorporate/Commercial Law
    Kim & Chang
    Kim & Chang
  • Article

    South Korea's FSS Introduces New ESG Rating Guidelines To Enhance Transparency

    On January 15, 2023, South Korea's Financial Supervisory Service ("FSS") issued new guidelines (the "Guidelines") (Korean language only)
    South KoreaCorporate/Commercial Law
    Mayer Brown
    Mayer Brown
  • Article

    Regulatory Reform: FSC Eases Various Licensing And Eligibility Requirements For Asset Management Companies

    On May 11, 2016, the FSC announced comprehensive plans to reform the licensing policies and regulations to promote market competition and innovation in the Korean asset management industry.
    South KoreaCorporate/Commercial Law
    Kim & Chang
    Kim & Chang
  • Article

    Supreme Court's Exceptional Decision On Performance Guarantee Deposit Despite Contractual Language

    On July 14, 2016, the Supreme Court reversed the lower court's decision in the lawsuit brought by a consortium of investors led by Hanwha Chemical Corporation (such consortium, "Hanwha") against the "KDB"...
    South KoreaCorporate/Commercial Law
    Kim & Chang
    Kim & Chang
  • Article

    Amendment To Subcontracting Act

    The Korea Fair Trade Commission's (KFTC) proposed amendment to the Fair Transactions in Subcontracting Act (Subcontracting Act) was approved by the National Assembly during its plenary session...
    South KoreaCorporate/Commercial Law
    Lee & Ko
    Lee & Ko
  • Article

    Maximize Shareholder Value: Activist Investor Strategies In Korea

    The shifting corporate environment in Korea has given overseas activist investors an opportunity to maximize shareholder value, but the intricacies of the Korean capital market...
    South KoreaCorporate/Commercial Law
    Kobre & Kim
    Kobre & Kim
  • Article

    Amendment Of The Financial Investment Services And Capital Markets Act Of Korea Requires Board Diversity

    A new revision to the Financial Investment Services and Capital Markets Act ("FSCMA") passed in early 2020 will be taking effect this October 21, 2021.
    South KoreaCorporate/Commercial Law
    D&A LLC
    D&A LLC
  • Article

    The Introduction And Implications Of The Act On Fair Transactions With Dealers

    On December 3, 2015, the National Assembly of Korea passed the Act on Fair Transactions with Dealers. To take effect on December 23, 2016, the Act will be applicable to the contracts...
    South KoreaCorporate/Commercial Law
    Yulchon LLC
    Yulchon LLC
  • Article

    Doing Business In Korea: What You And Your Client Need To Know

    Approximately 16,000 foreign companies are doing business in Korea in various industries including finance, technology ...
    South KoreaCorporate/Commercial Law
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Guidance On Shareholder Activity In Accordance With The Stewardship Code

    The Stewardship Code is a set of principles or guidelines on fiduciary responsibilities released on December 19, 2016 by Korea Corporate Governance Service.
    South KoreaCorporate/Commercial Law
    Yulchon LLC
    Yulchon LLC
  • Article

    Characteristics Of And Countermeasures Against The Crime Of Occupational Breach Of Trust: Focusing On The Requirements For Korean Courts' Recognition Of The Business Judgment Rule Defense

    The global financial crisis and the COVID-19 pandemic have driven the world into the New Normal era. In an era of uncertainty, the focus of corporate management is also moving from growth towards sustainability.
    South KoreaCorporate/Commercial Law
    D&A LLC
    D&A LLC
  • Article

    ESG Update: South Korea

    In this article we look at this year's ESG trends from a South Korean perspective. What impact can we expect from international reporting measures? And what local measures are being considered?
    South KoreaCorporate/Commercial Law
    Ius Laboris
    Ius Laboris
  • 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

    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

    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

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