Press Releases - Financial Services Commission

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Nov 14, 2019

Government to Increase International Cooperation on Insurance Supervision

The Financial Services Commission and the Financial Supervisory Service became signatories to the International Association of Insurance Supervisors (IAIS) Multilateral Memorandum of Understanding (MMoU) on November 14.The IAIS MMoU was established in 2007 as a nonbinding agreement with the aim of ensuring stability in the insurance industry and protecting consumers through mutual cooperation on information sharing. As of November 2019, 71 regulatory agencies from 49 countries have become members.The FSC and the FSS submitted membership applications to the IAIS MMoU in November 2018, and the applications have been approved in July this year.The government expects that the membership status will enhance international cooperation of information sharing on insurance market activities and boost global awareness of Korea’s insurance industry.* Please refer to the attached PDF for details.
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Nov 14, 2019

Measures to Strengthen Investor Protection with High-risk Investment Products

The Financial Services Commission and the Financial Supervisory Service unveiled measures to strengthen investor protection with high-risk financial investment products in light of the recent derivatives-linked funds (DLFs) mis-selling cases. The reform measures are aimed at enhancing consumer protection and maintaining stability in the financial system, without jeopardizing private equity funds’ critical function of supplying venture capital.BACKGROUNDThe recent DLFs mis-selling controversy was caused by financial institutions’ attempt to sell high-risk funds to retail investors in private offering to avoid stringent regulation on public offering; loopholes in investor protection measures; and insufficient internal controls by financial institutions.The DLFs structured to track the yield of Germany’s 10-year government bonds or the performance of constant maturity swap (CMS) rates of the U.S. or the U.K. were sold to retail investors by two local commercial banks with sales balance of KRW795 billion as of August 7 this year.The losses were mostly accrued in September and October with an average loss of 52.7 percent with KRW99.1 billion reaching maturity and KRW97.8 billion redeemed. By November 8, the sales balance of the derivatives remained at KRW587 billion.Due to a rise in the value of underlying assets, such as the German 10-year government bonds, the expected loss of the derivatives with future maturity dates will be lower.REFORM MEASURESI. STRENGTHEN CONSUMER PROTECTION► Tightening standards for deciding a public offering fundThe standards for determining features of a public offering fund will be tightened to prevent funds that should have been a public offering fund from being sold in the form of a private fund to avoid stricter regulations, which apply to public offering funds. If a fund’s profit and loss structure is equivalent to that of its underlying asset, the fund shall be sold as a public offering fund.► Strengthening regulatory regime
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Nov 11, 2019

Achievements at a Glance with Statistics

The FSC announced the financial policy achievements during the first half of the Moon Jae-in administration. * Please refer to the attached PDF for details.
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Nov 08, 2019

FSC Standing Commissioner Attends FSB Plenary Meeting

FSC Standing Commissioner and Deputy Chairman for InternationalCooperation Choi Hoon attended the Financial Stability Board (FSB) plenarymeeting held in Paris, France on November 7. At the meeting, financialregulators from 25 FSB member countries and international organizations discussedthe current vulnerabilities in the global financial system, recent developmentswith stablecoins, and ways to enhance the effectiveness of the RegionalConsultative Groups (RCGs).Mr. Choi spoke about the need to strengthen internationalcooperation to effectively monitor and respond to developments in stablecoins, whileemphasizing that a global risk monitoring system should be based on flexibilityand adaptability to analyze their effects on the stability of financialmarkets.Speaking on the increasing connectivity in the global financialsystem, Mr. Choi said that establishing a comprehensive and effective globalfinancial regulatory network should take into account regional discrepancies inorder to prevent regulatory arbitrage.Mr. Choi added that as the host country of the RCG for Asia in2020, Korea will hold workshops on topics relevant to the needs of the regionalregulators, such as fintech development and its supervision.
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Nov 07, 2019

Vice Chairman Speaks on Importance of Financial Information Security

Vice Chairman Sohn Byungdoo attended the Financial InformationSecurity Conference 2019 hosted by the Financial Security Institute on November7, and delivered congratulatory remarks on the theme of financial information securityand maintaining innovation in the financial sector.The following is a summary of Vice Chairman Sohn’s remarks:The advancement of digital technologies has made hyperconnectivitypossible where individuals are able to get connected with devices in multipleways. In personal finance, too, opening a bank account to wire transferring moneyand managing assets can all be done in the palm of your hands using a mobiledevice. The blurring of boundaries between different industries has broughtsignificant changes.Amid these changes, the government has been promoting digital innovationin the financial services industry. First, the implementation of financial regulatorysandbox has encouraged fintech firms and financial institutions to testinnovative ideas. Second, the government introduced open banking system, andhas been working on revising the relevant laws, such as the Credit InformationAct, to provide greater access to financial services.The accelerating convergence between financial services andinformation technologies has expanded the type and scope of potential cyberthreats. Due to an increased dependence on non-financial sectors, such as ICT,the financial services sectors are exposed to greater risks from non-financialsectors. Digital transformation has led to increased interconnectedness betweenfinance and telecommunications, which makes financial information security a highpriority.In order to continue digital innovation in the financial sectors,a proper mix of stability, harmony and innovation is required. Financialinformation security should be considered as investment toward innovation, insteadof cost and regulation. Financial institutions and fintech firms should be ableto take primary responsibility in protecting information and guaranteeings
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Nov 06, 2019

FSC Designates Additional Financial Solutions as 'Innovative Financial Services'

The FSC designated seven additional financial solutions as ‘innovativefinancial services’ to be accepted into financial regulatory sandbox. As of November6, the FSC has designated a total of 60 such services.Overview of Newly Added ‘InnovativeFinancial Solutions’1. An online-based paperless application solution for business-relatedinsurance products, such as fire or disaster liability insurance (Samsung Fire MarineInsurance)2. An online payment service which allows buyers of used goods topre-charge e-points with their credit cards and transfer e-points to sellers asa means of payment when purchasing used goods directly from the seller in onlinee-commerce platform (KBKookmin Card)3. A monthly wage payment solution which uses mobile location datato log individuals’ work hours and allows workers to receive wages prior to themonthly payday through an escrow account (Emmaus)4. An automated intellectual property report solution which analyzesthe economic value of intellectual properties using big data and artificialintelligence, and forward the information to financial institutions (Wisdomain)56. An alternative credit evaluation service for individuals,business owners and SMEs, which utilizes non-financial information, such as profitrecords, types of business, number of days in operation and so on, to analyzeand provide alternative credit rating system for small businesses (BC Card, KB Kookmin Card)7. A small sum investment platform which allows individualinvestors to trade small amounts in foreign stocks and diversify portfolios (Korea Investment Securities)
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Nov 05, 2019

Recent Progress on FSC's Regulatory Sandbox

The FSC has designated a total of 53 financial services as ‘innovative financial services’ since adopting the financial regulatory sandbox on April 1 this year.Among them, 15 innovative financial services are currently operational. Including those 15 services, a total of 36 new ‘innovative financial services’ will become operational within this year.The government has been closely working with fintech sectors and providing tailored support to facilitate their development.EFFECTS OF DESIGNATING ‘INNOVATIVE FINANCIAL SERVICES’Fintech firms have been able to test innovative ideas in the market. At the same time, the launching of the financial regulatory sandbox has had positive spillover effects.► Fintech job growth: 23 fintech firms have added 225 more jobs► Increased investment: 11 fintech firms have been able to attract about 120 billion won so far and 10 billion won worth of more investment is expected within this year► Global expansion: 7 fintech firms have either expanded their business to overseas markets or are in discussion to do so
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Oct 31, 2019

Government Establishes Legal Basis to Promote Peer-to-Peer Lending

The National Assembly passed an act on online investment-linked financing on October 31. The new legislation is expected to remove the legal uncertainties on P2P lending, promote stable development of the P2P lending industry and provide more protection for both lenders and borrowers.BACKGROUNDSince February 27, 2017, the government has been regulating the P2P lending industry with a flexible ‘guideline’ system to protect investors and foster development of the fintech sectors. The government has since made revisions to the ‘guideline’ on February 27, 2018 and January 1, 2019 to strengthen measures to protect investors from unfair and risky practices. KEY FEATURESThe new legislation established a legal basis for the operation of P2P lending businesses and the regulatory oversight role of the FSC. The legislation stipulates that:► P2P lending firms must be registered with the FSC and have at least 500 million won in capital.► P2P lending firms must publicly disclose information related to transaction structure, financial management status, loan size, delinquency rate, etc.► Interest on P2P loans shall not exceed 24 percent under the Credit Business Act.► High-risk practices, such as lending to P2P businesses and largest shareholders, lending loans prior to raising funds from investors, and maturity mismatch between investment and loan, will be prohibited.► A P2P lending ceiling will be established for both borrowers and lenders.► P2P lending firms will abide by a set of guidelines to provide investors with information to help make investment decision and protect investors in the event of bankruptcy or embezzlement.► The FSC and FSS will assume the regulatory oversight role over the P2P lending industry.SCHEDULEThe specifics of the new legislation will be publicly announced within this year in order to speed up the registration and application process for the P2P lending firms during the second half of 2020.In the meantime, the government will cl
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Oct 31, 2019

New Legislation on Financial Benchmarks

A new bill to regulate financial benchmarks was passed at the National Assembly on October 31, 2019. The new legislation is intended to ensure the validity and credibility of financial benchmarks in response to global regulatory moves in which major countries including EU are introducing regulations on financial benchmarks. The FSC expects that the Financial Benchmark Act will strengthen the management and supervision on financial benchmarks, which will help secure financial stability. KEY FEATURES► Designation of “critical benchmarks” The FSC may designate benchmarks that would have a significant impact on financial market stability, consumer protection and the real economy as “critical” benchmarks. ► Administrator of critical benchmarks The FSC may designate entities which determine, publish and provide critical benchmark as “administrators.” ► Designation of “critical benchmarks” The FSC may designate benchmarks that would have a significant impact on financial market stability, consumer protection and the real economy as “critical” benchmarks. ► Obligations of administrator - (ESTABLISHMENT OF COMMITTEE) Administrators are required to establish a committee to deliberate on important matters in regard with establishing and revising operational rules, collecting input data, calculating and determining critical benchmarks. - (DISCLOSURE) Administrators are required to disclose details about operational rules and management of conflict of interest on their websites. - (REVIEW) Administrators should review the validity of their operational rules at least every two years and disclose the results. ► Cessation of provision of critical benchmarks Any administrator who intends to cease the provision of critical benchmarks for unexpected reasons shall post a public announcement on the reasons and the date of cessation for more than 20 days and report to the FSC six months before the date of cessation. The FSC may order the transfer of such ope
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Oct 31, 2019

Government Prepares to Launch Asia Region Funds Passport

The FSC’s proposal to revise the Financial Investment Services and Capital Markets Act for the implementation of the Asia Region Funds Passport was passed at the National Assembly on October 31.The ARFP is a multilateral framework to support the development of an Asian region funds management industry by introducing streamlined processes for registering passport funds in each others’ economies.In September 2010, Australia first suggested the idea of the ARFP, and the five economies signed a memorandum of cooperation in April 2016. Australia, Thailand and Japan launched the passport in February and New Zealand in July this year.Publicly offered local funds can apply to be registered as a passport fund in Korea, and they will be eligible to offer them in other member economies.Foreign passport funds, which will be subject to local laws and regulations, can apply to offer their funds in Korea after a simplified registration process.The revised law will improve market access for both domestic fund managers looking to offer passport funds offshore and foreign fund managers wanting to offer passport funds in Korea. The government expects that the ARFP will help diversify portfolios for investors and increase competitiveness for fund managers.The revision to implement the ARFP will take effect six months after public announcement.
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Oct 30, 2019

Open Banking Launched in Banking Sector

The open banking system will be pilot-launched in the banking sector on October 30. During the pilot-run period, the government will conduct a comprehensive assessment of the system and make adjustments if necessary before opening the system to fintech firms on December 18.At first, open banking will be offered by 10 banks, and gradually expanded to the other 8 banks as well as fintech businesses.BACKGROUNDThe government recognized that financial payment services and data sectors have a significant potential for innovation, and announced on February 25 this year its plan to establish an open banking system, which would allow fintech firms’ access to banks’ payment network through open API initiatives.KEY FEATURESLower transaction fees and enhanced user convenience► The current fee of KRW400 to 500 per transaction will be lowered to about KRW40 to 50 for large service providers, and KRW20 to 30 for small- and medium-sized firms. ► Bank customers can choose any mobile banking application to manage all their accounts in a single application without having to use separate applications for different banks.Ensuring security and protection for consumers► Fintech firms attempting to participate in the open banking system are subject to a security check by the Financial Security Institute.► The storage capacity of the current operating system will be upgraded from 4TB to 60TB before the system becomes open to fintech firms, and a 24-hour Fraud Detective System will closely monitor fraudulent activities and automatically shut down suspicious transactions.EXPECTATIONThe government expects that open banking will boost innovation and competitiveness in the financial sectors by introducing a comprehensive financial service platform, allowing fintech businesses to adopt open banking, and improving user experience for consumers.The lowered entry barrier for fintech firms will lead to the provision and development of better services tailored to the needs of consumers at
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Oct 29, 2019

Government to Strengthen Financial Cooperation with ASEAN and India

FSC Vice Chairman Sohn Byungdoo met with envoys from the Association of Southeast Asian Nations member countries and India on October 28, and held talks on ways to further develop the financial industry in the region and increase cooperation.At the meeting, Vice Chairman Sohn Byungdoo said that the FSC will increase cooperation with financial authorities in the ASEAN countries, support establishment and operation of foreign financial firms in Korea, and work to boost cooperation on financial infrastructure development.Vice Chairman Sohn added that he hoped that Korea’s financial infrastructure and its advanced fintech industry will serve as a catalyst for improving financial inclusiveness and further integration of the ASEAN region.The meeting was held prior to the upcoming commemorative summit between Korea and ASEAN, which will be held on November 25-26 in Busan. The government expects that the next month’s special summit will serve as an opportunity to deepen relations between Korea and ASEAN, and pave the way for realizing President Moon Jae-in’s New Southern Policy.
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Oct 18, 2019

FSC Tightens Regulation on Violation of Short-selling Rules

The FSC introduced a revised measure to strengthen regulation on the violation of short-selling rules on October 17.As a follow-up measure to improve the stock trading system, the proposed revision to the operational rules on capital market investigation establishes a new standard to impose penalties for illegal short-selling activities.Currently, illegal short-sellers are fined KRW 60 million multiplied by differential penalty ratio depending on the gravity of the consequence and the intent of such violations. The proposed revision raises the current imposition ratio by 5 to 15 percentage points.The government also established a regulatory basis to impose an additional penalty of up to 50 percent if the violation is found to have been involved in unfair transactions.The revision will take effect in the first quarter of 2020 following the notice period between October 17 and November 26.
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Oct 15, 2019

FSC Receives Three Applications for Internet-only Bank License

The FSC announced that Toss Bank consortium, Soso Smart Bank and Familia Smart Bank have submitted their applications for preliminary license to operate internet-only bank. The FSC will approve preliminary license for internet-only banks in December this year. The Financial Supervisory Service will conduct a review of applications from October to December.
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Sep 26, 2019

FSC Proposes Measures To Promote Venture Capital

FSC Chairman Eun Sung-soo unveiled measures to boost venture capital investment in innovative business at a meeting with executives from securities, asset management and venture capital companies. The measures include the introduction of a Business Development Company (BDC) and diversification of fundraising channels with exclusive private offerings for professional investors and small-scale public offerings. The FSC will announce finalized measures in October and submit a proposal to amend the Financial Services Investment and Capital Markets Act (FSCMA) to the National Assembly in the fourth quarter of 2019.Proposed Measures► INTRODUCTION OF BUSINESS DEVELOPMENT COMPANY (BDC):▪ Business Development Company (BDC) is a collective investment vehicle which raises funds from investors to be listed on the KRX and then invest in unlisted companies.▪ The BCD is required to invest more than 60% of its total assets in unlisted, KONEX-listed, KOSDAQ-listed companies (whose market capitalization of less than KRW200 billion) or SME venture investment funds.▪ Securities, asset management and venture capital companies that meet certain requirements1 will be granted a license to operate a BDC.▪ A minimum capital of KRW20 billion is required to establish a BDC. The operator of a BDC is required to hold 5% or more of its total equity investment.▪ The BDC is allowed to leverage up to 100% of its net assets, increase capital and provide management advisory services.► DIVERSIFICATION OF FUNDRAISING CHANNELS:▪ Private offering channels will be expanded with a new track exclusive for professional investors, which allows to attract subscribers through public recommendation and general advertisement.▪ The maximum amount of fundraising via a small public offering, currently KRW1 billion, will be increased to KRW3 billion in Tier 1 and KRW10 billion in Tier 2. For Tier 2, additional investor protection measures will be required (e.g. investment cap for general investors, r
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Sep 16, 2019

Electronic Securities System Launched

Korea’s electronic securities system was launched on September 16, 2019.1 Under the new system, securities of listed stocks and bonds are required to be issued and circulated electronically.“It will open a new era for digitization of securities, making a historic transition to a paperless system in 45 years since the securities depository system was adopted in 1974,” FSC Chairman Eun Sung-soo said at an event celebrating the official launch of the electronic securities system.Korea’s stock and bond markets have been growing with the development of the Korean economy. The daily transaction of listed stocks amounts to KRW11 trillion, or1.4 billion shares, while the amount of bond trading is KRW8 trillion per day.2 The current securities depository system facilitated the circulation of securities, contributing to the growth of securities transaction and the development of Korea’s capital markets. However, the current system fell short of eliminating inefficiencies in the issuance of securities and the exercise of rights as it still requires the presence of physical securities.The Electronic Securities Act was established in 2016 to eliminate such inefficiencies and promote transparency in securities transaction. The electronic securities system will shorten procedures for the issuance of securities, making it easier for companies to raise funds in capital markets. It will also help investors exercise their rights, better informed of distribution of divided or capital increase. The electronic system will make it possible to build up big data on the issuance and circulation of securities, enabling fintech innovation using such data. Transparency in capital markets will be enhanced. Under the electronic securities system, information about the ownership and transfer of securities rights will be recorded electronically, which will eliminate risks of counterfeit or theft of securities or prevent tax evasion.Chairman Eun asked the Korea Securities Depository (KSD)
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Sep 05, 2019

FSC Reforms Large Shareholding Reporting Rules

The FSC plans to amend large shareholding reporting requirements under the so- called ‘the 5% rule’ in an effort to support institutional investors’ shareholder activities.BACKGROUNDThe 5% rule is intended to ensure fairness and transparency in the securities market by disclosing information about concentration of shareholdings in listed companies. Under the 5% rule1, a person who holds 5% or more of the equity securities of a listed company or who thereafter changes its holdings by 1% or more in the company must file a report with the FSC and the KRX within five days from the date of such changes. The reporting deadline is extended for institutional investors whose shareholding purpose is not intended to exercise influence over the company’s management. They are also allowed to submit a simple report.As institutional investors increasingly engage in shareholder activities with the adoption of the stewardship code2, there are calls for reforms to the 5% rule. Growing shareholder activism in regard with a company’s dividend policy or corporate governance makes it difficult to draw a clear line between activities with the purpose of ‘exercising influence over the management’ and those without such purpose.Institutional investors are concerned that their shareholder activities might be led to unintended violation of the 5% rule, as the scope of “exercising influence over the management” under the current rule is defined broadly and ambiguously.Against this backdrop, amendments are intended to clarify the scope of shareholder activities to “exercise influence over the management” and apply differential reporting requirements according to shareholding purpose.AMENDMENT PROPOSAL1. CLARIFICATION ON THE SCOPE OF EXERCISING INFLUENCE OVER THE MANAGEMENTThe scope of shareholder activities intended to exercise influence over the management, subject to the requirement of a detailed report within five days, is to be clarified and narrowed. Followings are to
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Sep 04, 2019

Guidelines on Financial Companies' Investment in Fintech Business

The FSC announced Guidelines on Financial Companies’ Investment in Fintech Business to facilitate financial companies’ investment in fintech business.KEY PROVISIONSScope of investmentThe guidelines expand the scope of fintech business in which financial companies are allowed to invest by adopting a negative list approach and recent trend in technology and regulatory environment:▪ [NEW TECHNOLOGY] innovative technology business – e.g. artificial intelligence (AI), Internet of things (IoT); data business; and ICT technology business needed in the operation of financial business▪ [FINANCIAL INNOVATION ACT] innovative financial service provider accepted into the FSC’s regulatory sandbox or designated fintech firms to operate business commissioned by financial firms▪ [NEGATIVE LIST APPROACH] fintech business recognized by the FSC with its innovative digital technology and contribution to the financial sector and consumersProcedural periodTo expedite regulatory approval process, the guidelines require financial regulators to reply within 30 days whether such investment is approved or not.Ancillary businessCurrently, ancillary business that financial firms are allowed to operate is limited to one directly related to their primary business. The guidelines make it clear for financial companies to operate fintech business as ancillary business once they are allowed to invest in such fintech business.Immunity from penaltyIf financial firms make loss in fintech investment, they will be granted mitigation or immunity from penalty unless such loss was incurred intentionally or out of gross negligence.IMPLEMENTATION SCHEDULEThe guidelines are to be implemented from October 2019 on a temporary basis for two years on condition that relevant regulatory changes will be made in the meantime.
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Aug 13, 2019

Pool of Professional Investors to be Expanded

Amendments to the Enforcement Decree of the Financial Investment Services and Capital Markets Act (FSCMA) were approved at a cabinet meeting on August 13, 2019.As part of the government’s capital market reform efforts, the amendments are to expand a pool of professional investors and open a new trading venue, called ‘K- OTC Pro,’ exclusive to professional investors to trade unlisted equity securities. The amendments are aimed at encouraging professional investors, well aware of investment-related risks and able to afford such risks, to play an active role in funding innovative start-ups and SMEs.MAJOR CHANGESI. POOL OF PROFESSIONAL INVESTORS TO BE EXPANDEDThe FSC eased requirements for individual investors to be registered as ‘professional investors’ and streamlined the registration procedures.Previously, ‘professional investors’ were required to satisfy two criteria at the same time: loss-absorbing ability and investment experience. The amendments divide tracks to be registered as ‘professional investors’ in two categories for (i) individual investors without financial expertise and (ii) individual investors with financial expertise.1(Track1) Individual investors without financial expertiseGeneral investors without financial expertise are still required to meet both criteria of loss-absorbing ability and investment experience. Instead, thresholds for each criterion are eased as follows:►(INVESTMENT EXPERIENCE)2 Investors are required to maintain a financial investment account with a minimum balance of KRW50 million for at least one year within the most recent five years.►(LOSS-ABSORBING ABILITY)3 Investors are required to meet a minimum annual1 With eased requirements for ‘professional investors,’ the number of ‘professional investors,’ currently about 1,950 as of end-2018, is expected to increase to approximately 370,000 to 390,000.2 Previously, a minimum balance of KRW500 million was required.3 Previously, a minimum annual income of
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Aug 08, 2019

Implementation Plan for Margin Requirements for Non-centrally Cleared OTC Derivatives

The FSC announced its adjusted schedule to implement initial margin requirements for non-centrally cleared derivative transactions in accordance with internationally- agreed standards:► Initial margin requirements for financial institutions with derivatives of KRW70 trillion or more will be implemented from September 1, 2020 as scheduled, while the implementation for those with derivatives of less than KRW70 trillion will be delayed until September 1, 2021.► The FSC will also propose a bill on margin requirements for non-centrally cleared OTC derivative transactions as the relevant guidelines by the Financial Supervisory Service (FSS) are due to expire in August 2020.Background Global discussionIn the aftermath of the global financial crisis of 2018, the G20 countries agreed to a series of reform proposals to enhance stability and transparency in OTC derivative markets.As part of such reform efforts, the Basel Committee on Banking Supervision (BCBS) and International Organization of Securities Commissions (IOSCO) published a final report on margin requirements for non-centrally cleared OTC derivatives in September 2013, aimed at reducing a systemic risk and promoting central clearing of OTC derivatives.In the detailed framework announced in March 2015, the BCBS and IOSCO set differential implementation schedules according to the amount of non-centrally cleared OTC derivatives in order to give enough time to prepare for the new regime of margin requirements.On July 23 this year, the BCBS and IOSCO announced a postponement of implementation of initial margin requirements for financial institutions with non- centrally cleared derivatives of less than €50 billion, originally scheduled to come into force in September 2020, until September 2021. The one-year postponement is intended to ease the impact of the new rules on smaller financial institutions and give financial supervisory authorities enough time to prepare for domestic implementation. Domestic progressKore
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