Press Releases - Financial Services Commission

Press Releases

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May 10, 2013

Amendments to the 'Best Practice Guideline for Financial Consumer Protection'

BACKGROUNDThe ‘Best Practice Guideline for Financial Consumer Protection,’ enacted on June 9 2006, has contributed to promoting financial industry’s awareness on consumer protection. In response to a global trend toward stronger financial consumer protection after the 2008 global financial crisis, the FSC revised the Best Practice Guideline to protect financial consumers’ rights and interests in a more active and preemptive manner. The newly-amended guideline will be implemented starting July 2013.AMENDMENTS(1) Financial institutions will be required to appoint Chief Consumer Office (CCO) in charge of financial consumer protection and ensure his/her independent authority in the matter.(2) The overall process from product development to product sale and follow-up management will be required to be under stricter control so that financial companies will be able to preemptively deal with consumers’ complaints and provide prompt remedies for consumer losses.- Product development: Bolster prior consultation between product development and financial consumer protection division. Create ‘financial consumer protection checklist’ to prevent potential risks that could harm consumer’s benefit.- Product sale: Draw up each financial company’s individual ‘principle of duty’ containing the principle of good faith and principle of suitability to transparently provide consumers with all information needed before purchasing financial products. - Follow-up management: Establish and operate ‘consumer feedback system’ to enhance communication between financial firm and consumers. Evaluate each employee’s consumer protection performance.* Please read the attached file for details.
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Apr 18, 2013

Comprehensive Measures to Eradicate Unfair Transaction

OVERVIEWDespite dedicated efforts of the financial and judicial authorities to root out unfair transactions, limits and problems have been witnessed. The government, in close coordination with relevant agencies1, came up with a package of measures to eradicate unfair transactions such as stock price manipulation.MAJOR CHANGES AND IMPROVEMENTS(1) Establish and operate surveillance infrastructure in the KRX to better identify unfair transaction practices committed in cyber market.(2) Implement new transaction information verification system to actively respond to unfair transactions using intelligent techniques such as mobile devices.(3) Strengthen incentives for those reporting cases of unfair transaction.(4) Establish special task force dedicated to investigation of unfair transaction cases within the FSC and operate Fast Track system.(5) Classify unfair transaction cases into ‘case of great significance’, ‘case of significance’, and ‘general case’ according to the gravity of issue and handle the case of great significance with equal magnitude as a case requiring immediate investigation.(6) Appoint investigators and FSS workers dispatched to investigation team as special judicial police officers and grant access to telecommunications log and ban overseas travel.(7) Amend the Financial Investment Services and Capital Markets Act (FSCMA) to mandate those sentenced for imprisonment to pay penalty as well as confiscate and charge additional fine in order to claim unfair profits more than two folds.(8) Implement additional penalty system to root out practices which disturb market order.(9) Amend the FSCMA and add clauses related to the rights to make inquiries to the NTS about taxation information in order to increase default penalty collection rate.(10) Establish and operate support center in the KRX to aid investors suffering losses from unfair transaction. Expand subjects of and ease requirements for collective suit related to securities.*Please read the a
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Apr 03, 2013

Financial Policy Agenda for 2013

The FSC set three missions for 2013 with nine key policy tasks. *Please read the attached file for details.
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Mar 25, 2013

National Happiness Fund To Be Launched

OVERVIEWThe FSC unveiled details about the National Happiness Fund, which will be officially launched on March 29, 2013. The Fund aims to help credit recovery of delinquent borrowers and heavily-indebted low-income earners with programs including restructuring debt, easing debt servicing burden on student loans, and converting high-interest loans to lower-interest ones.Those programs will need a total of KRW 1.5 trillion over the next 5 years. The Fund will initially raise KRW 800 billion through the KAMCO-controlled fund, loans and bond issuance. The remaining KRW 700 billion will be funded by the Fund’s proceeds and guarantee fees.Financial institutions and non-bank lenders which sign an agreement for credit recovery assistance will be obliged to sell overdue loans to the Happiness Fund if their borrowers apply for debt restructuring.1PROGRAMS TO BE FUNDED BY THE NATIONAL HAPPINESS FUND1. Credit Recovery Assistance ProgramDebt restructuring for overdue loans will be operated with two tracks:(1) Debt restructuring by borrowers’ prior applicationThe fund will purchase overdue loans by prior application of debtors who borrowed from the enlisted financial institutions.(2) Debt restructuring by borrowers’ later consent Debt restructuring by borrowers’ prior application Debt restructuring by borrowers’ later consent eligible applicants Individuals who borrowed less than 100 million won overdue for 6 months or longer as of end- February 20132 The fund first proposes debt restructuring for “Individuals who borrowed less than 100 million won overdue for 6 months or longer as of end-February 2013” benefits ① Up to 50% of debt can be written off depending on the applicant’s age, period of overdue payment, income ② Repayment schedule can be extended by up to 10 years Equivalent benefits with debt restructuring by prior application. However, the rate of debt write-off will be lower than debt restructuring by prior application. nullification of benefits If t
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Mar 21, 2013

FSC Response to Cyberattack on Bank Servers

CURRENT SITUATIONAt around 2 pm on March 20, some banks including Nonghyup Bank, Shinhan Bank, and Cheju Bank suffered computer network failures. As of 11 am on March 21, banks except some branches of Nonghyup have restored their operations.Investigation is now underway to figure out the cause of the incident, but it is presumed that malicious codes were distributed through the servers that caused computer shutdowns at those banks.FSC/FSS RESPONSEThe Financial Services Commission (FSC) and the Financial Supervisory Service (FSS) jointly formed an emergency response team to respond the crisis in real time and raised its alert to possible cyberattacks from “attention” to “caution.”The FSS dispatched inspection teams to the affected banks including Shinhan and Nonghyup to look into the cause of the incident and monitor progress in restoring operations.In cooperation with the Information Share Analysis Center (ISAC) by Korea Financial Telecommunications and Clearing institute (KFTC) and Koscom to uncover details of the incident.The Korea Internet Security Agency (KISA) distributed vaccine programs against malicious codes and temporarily shut down servers for vaccine updates in case of additional attacks.The FSC and FSS direct banks to come up with measures to compensate for any losses or damages incurred to customers by the cyberattack, if any.So far, there is no case reported that the incident caused leakage of customers’ personal information.*Please read the attached file for details.
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Mar 08, 2013

FSC Emergency Meeting after the Adoption of U.N. Security Resolution against North Korea

As the U.N. Security Council unanimously adopted new sanctions against North Korea’s nuclear test on February 12, the FSC Vice Chairman Choo Kyung-ho convened an emergency meeting this morning to discuss possible impact that the adoption of U.N. resolution would bring to financial markets.As of now, global financial markets seem to be little affected by the adoption of the U.N. resolution. The U.S. Dow Jones Industrial Average index hit a record-high for three consecutive days. The KRW/USD NDF rate slightly fell from yesterday, and Korea’s credit default swap (CDS) spread rose 1basis point from yesterday to 64basis point.Given that the North Korea-related risks in previous cases had temporary and limited impact on domestic and overseas financial markets, market experts forecast that the possible impact of U.N. sanctions against North Korea would be short-lived.However, the Korean government stays alert to a possibility of North Korea’s further provocation as the resolution imposes tougher sanctions against Pyongyang that previous resolutions. If North Korea took further provocative actions, Korea’s geopolitical risks and market volatility would be heightened.The FSC will closely work with the Ministry of Strategy and Finance (MOSF), the Bank of Korea (BOK), and the Financial Supervisory Service (FSS) to monitor financial market conditions and take market-stabilizing actions in a timely manner if needed.*Please read the attached file for details.
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Mar 04, 2013

Revision Bill on the FSCMA Approved by the Legislation and Judiciary Committee of the National Assembly

The Legislation and Judiciary Committee of the National Assembly approved the revision bill on the Financial Investment Services and Capital Markets Act (FSCMA) on March 4, 2013, which includes the creation of a central counterparty clearing house (CCP) and reflects related changes in the Commercial Act amended in April 2012.KEY CONTENTS1. Introduction of a CCP for OTC transactionsA new business sector will be created to deal with clearing of financial investment contracts. Clearing business operators will be approved depending on types of financial products they deal with.Over-the-counter (OTC) derivatives whose default could deliver significant impact to the market will be mandatorily cleared through a CCP.2. Changes in line with the amendment to the Commercial ActThe revision also reflects the related amendments to the Commercial Act which already went into force last year. With the amendment to the Commercial Act, some provisions in the original FSCMA are abolished under which listed companies might be further restricted in clearing off their profits than non-listed companies. In the same context, listed companies will be exempted from disclosure obligations under the Commercial Act as they are supposed to disclose important facts on-line when they allocate new shares.EXPECTATIONS WITH THE INTRODUCTION OF CCPThe creation of a CCP for OTC derivatives is expected to significantly reduce counterparty risk and establish effective risk management system for OTC transactions.In particular, if IRS, which takes up the largest portion of OTC derivative market, were mandatorily cleared through the CCP, the settlement safety of OTC derivatives will be significantly improved.Creating a CCP in Korea as soon as possible will help prevent flight of clearing demands to overseas competitors and survive growing competition among global CCPs.With the introduction of CCP, Korea will be able to implement the G20 agreements and bring OTC derivative regulations in line with global sta
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Feb 28, 2013

FSC/FSS Joint Meeting on Domestic and Overseas Financial Market Situations

The FSC Vice Chairman Choo Kyungho convened an FSC/FSS joint meeting on February 28, 2013 to review recent developments of current global issues such as Italy’s election and the US sequester, analyze the impact on financial markets home and abroad and discuss policy responses in the future.OVERSEAS FINANCIAL MARKETGlobal financial markets face a growing political risk which came from Italy’s political uncertainty and the impending automatic budget cuts in the US known as the sequester.The result of Italian election this week heightened concerns about anti-austerity sentiment across the euro-zone countries, increasing uncertainty surrounding the euro-zone crisis.Global stock markets fell right after Italy’s election but quickly rebounded. However, there remains a possibility that the country’s fiscal condition would worsen and political tensions with other euro-zone countries would heighten depending on future developments in Italy’s politics.The Republican-Democratic confrontation surrounding the US sequester is also a destabilizing factor to global financial markets. If both parties fail to reach an agreement and sequester begins on March 1 as scheduled, the US would suffer a recession of the real economy.DOMESTIC FINANCIAL MARKETThe KOSPI fell on February 26 with the result of Italy’s election but quickly rebounded on February 27.2 The KRW/USD exchange rate remained stable.Despite the outflow of foreign funds since February 26, February ends with a net inflow of foreign capital. Foreign borrowing conditions for domestic banks also remained sound.However, there is a possibility that uncertainty in overseas and domestic financial markets grows depending on how the situations in Italy and the US unfolds in the future.We also need to remain cautions as domestic financial market is exposed to the North Korea-related risk and expanded volatility in foreign exchange markets triggered by major economies’ monetary easing.POLICY RESPONSES IN THE FUTUREThe FSC/
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Feb 26, 2013

Plan for Introduction of Synthetic ETFs

The FSC approved a revision to the KOSPI Market Listing Regulation submitted by the Korea Exchange (KRX) at its regular meeting on February 22, 2013 to lay a foundation for introducing synthetic Exchange Traded Funds (ETFs) to the KOSPI Market and strengthen criteria for listing and delisting ETFs.With the revision, the FSC expects further diversification of ETF market and stronger investor protection.KEY CONTENTS1. Foundation for introduction of synthetic ETFs1The revision sets a regulatory framework to manage the counterparty risk, with structural features of swap agreements included in synthetic ETFs taken into considerationCounterparties for synthetic ETFs are mandated to meet certain eligibility requirements to enter, operate, exit, and disclosure their investment.2 The ETFs will be delisted if the counterparty risk significantly threatens continued trading of the products.ETF management companies are required to establish systems to evaluate and manage the counterparty risk and collateral assets, and disclosure counterparty risk.2. Strengthened criteria for listing and delisting ETFsThe minimum amount of trust principal for listing ETFs is increased from KRW 5 billion to KRW 7 billion.Listing eligibility test is strengthened for qualitative elements such as whether an ETF product can be continuously traded, or whenter the applicant for listing has proper internal control system.Small ETFs will be reviewed semiannually and delisted if they fail to meet certain criteria.3 In the first half of 2013, small ETFs likely to incur losses to investors4 will be encouraged to be delisted on a voluntary basis.3. Upcoming scheduleSynthetic ETFs are expected to be listed to KRX in the first half of this year after amendments to detailed rules on KRX listing regulation and Listing Guideline.*Please read the attached file for details.
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Feb 12, 2013

FSC/FSS Emergency Meeting on the Effects of North Korea's Nuclear Test

The FSC Vice Chairman Choo Kyungho convened an FSC/FSS emergency meeting at 2:30 pm after North Korea had conducted underground nuclear test Tuesday on February 12, 2013 to discuss the effects of the nuclear test on Korea’s financial market and measures to be taken to keep market stability.Right after North Korea’s nuclear test was reported, the KOSPI temporarily fell by 10 points but instantly bounced back.1 Foreign exchange market also remains stable with a net capital inflow from abroad.As the nuclear test has been widely expected, Korea’s financial market maintains its stability even after the event was confirmed. North Korea’s previous nuclear tests had a limited impact on Korea’s financial market, which had been temporarily affected but quickly recovered to normal conditions prior to the events.Effects of North Korea’s previous nuclear tests on Korea’s financial market t* t+1 t+7 t+15 t+30 1st Nuclear Test (October 9, 2006) KOSPI -2.41% -1.75% +0.17% +0.30% +3.71% USD/KRW +1.54% +1.10% +0.66% -0.47% -1.45% 2nd Nuclear Test (May 25, 2009) KOSPI -0.20% -2.26% +0.79% +0.62% +1.79% USD/KRW +0.09% +1.21% -1.14% +1.17% +1.69% *the day when the event occurredThe FSC/FSS will continue to monitor domestic and overseas financial market situations and execute contingency measures to keep market stable if needed.*Please read the attached file for details.
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Jan 29, 2013

Covered Bonds Act Approved at Cabinet Meeting

The bill on the Covered Bond Act was approved at the Cabinet meeting on January 29, 2013, which will be submitted for parliamentary approval in February 2013.The Covered Bond Act will be enforced in 6 month after its public announcement.For details about the Covered Bond Act, please refer to our press release Legislation Notice of Covered Bond Act published on October 23, 2012.* Please read the attached file for details.
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Dec 21, 2012

Implementation Plan for Basel III

GLOBAL TRENDS IN BASEL III IMPLEMENTATIONOut of 27 BCBS members, 11 countries have published the final set of Base III regulations effective s from January 2013 as initially scheduled, while 15 members including 9 EU countries and Korea have issued draft regulations for Basel III implementation. Turkey will unveil draft regulations in early 2013. Implementation No. of countries Countries status Draft not yet 1 Turkey announced Draft announced 15 Korea, Indonesia, EU (UK, France, Germany, Italy, Belgium, Netherlands, Luxembourg, Spain, Sweden), Russia, Brazil, Argentina, USA Implementation 11 Japan, Singapore, Hong Kong, China, India, Saudi Arabia, Australia, plan finalized Switzerland, Canada, Mexico, South Africa The US already announced on November 9, 2012 that it would be difficult to implement BaselIII starting January 2013 as initially agreed. The EU has not yet reached an agreement to finalize the implementation plan for Basel III.With such global situations taken into account, the BCBS announced in its press release on December 14, 2012 that “it is expected that as remaining jurisdictions finalize their domestic regulations during 2013, they will incorporate all the remaining transitional deadlines in line with the original global agreement, even where they have not been able to meet the 1 January 2013 start date.”DOMESTIC IMPLEMENTATION PLANKorea has been preparing for Basel III implementation from early 2011 and now almost completed its preparatory work for implementing Basel III starting January 2013.1However, there is a need to reflect global trends in setting a timeline for domestic implementation of Basel III.Therefore, the FSC will set a specific timeline for domestic implementation after closely monitoring progress on Basel III implementation in other countries, while maintaining our basic principle to apply Basel III to domestic banks and bank holding companies.*Please read the attached file for details.
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Dec 12, 2012

FSC/FSS Emergency Meeting on the Effects of North Korea's Rocket Launch

The FSC Vice Chairman Choo Kyungho convened an FSC/FSS emergency meeting at 1:30 pm after North Korea had launched its long- range rocket at 9:51 am Wednesday on December 12, 2012 to discuss the effects of the launch on Korea’s financial market and measures to be taken to keep market stability.As the launch on December 12 has been widely expected, Korea’s financial market remains stable even after the announcement of the rocket launch.1 Market experts view the rocket launch will have a limited impact on Korea’s financial market as North Korea’s previous attempts to test its long-range missile did.2The FSC/FSS will continue to monitor domestic and overseas financial market situations and execute contingency measures to stabilize markets if needed.*Please read the attached file for details.
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Dec 06, 2012

First Annual Status Report on the Hedge Fund Industry

RECENT TRENDThe total asset size of Korea’s hedge fund market has grown to KRW 1 trillion with 12 active management companies with 19 registered funds in a year since it started from KRW 149 billion with 9 fund management companies with 12 funds. (unit: KRW 1 billion) Dec 2011 Mar 2012 Jun 2012 Sept 2012 Nov 2012 total assets 2,370 5,509 6,546 7,858 10,175 (percentage*) (0.2%) (0.5%) (0.6%) (0.7%) (0.8%) no. of funds 12 17 19 20 19 (no. of mgmt (9) (11) (11) (12) (12) companies) * Percentage of asset size of hedge funds out of the total private equity industryHedge funds’ management strategy and investors have been diversified for the last year. Most of hedge funds still rely on long- short strategies; however, the industry plans to sell funds using a variety of strategies such as arbitrage trading and event-driven strategies.Investors’ pool is widening from prime brokers and affiliated companies with brokerage firms in the early stage to institutional investors and affluent retail investors.EVALUATIONThe hedge fund industry made a soft landing in Korea’s capital markets, dismissing initial concerns that the introduction of hedge funds might increase market risks. Hedge fund managers are building their reputation in the market with differentiated performance. As track records of funds with good performance build up, the size of assets under management for such funds is expected to increase.With improved market perceptions about hedge funds, investors’ pool is expected to be expanded to corporations and pension funds.POLICY DIRECTION AHEADIn order to attract capable managers, requirements for approving hedge fund management were relaxed as announced in July 2012. With the eased requirements, the approval process will be completed for asset managers that submit application in December by the end of this year.It is expected a total of 23 firms including 12 asset management companies, 5 brokerage firms and 6 advisory firms will submit application for hedge fun
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Nov 22, 2012

The Korean Government's Position on Lone Star's Filing for Arbitration

Lone Star Funds (“Lone Star”) on November 21, 2012 filed an arbitration claim with the Korean government at the International Center for Settlement of Investment Disputes (ICSID), claiming that the Korean government violated its obligation under the investment treaty between South Korea and Belgium and Luxembourg.The Korean government does not consent to Lone Star’s claims. Since Lone Star sent a written notice of a dispute in May 2012, the government created a task force to prepare for the arbitration. The Korean government will proactively set forth counter-arguments against Lone Star’s claims and make our best effort in proceeding with the arbitration.* Please read the attached file for details.
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Oct 23, 2012

Legislation Notice of Covered Bonds Act

BACKGROUNDSince the global financial crisis, there has been growing need for a legal framework to issue covered bonds in order to ensure financial institutions’ stable funding channel and financial markets’ stability.1 Covered bonds are expected to reduce financial institutions’ funding cost and serve as a stable funding channel in the event of financial crises. It is also expected that covered bonds will help improve the structure of household debt by providing financial institutions with a funding source of long-term and fixed rate loans.KEY CONTENTS1. Definition of covered bondsCovered bonds are a type of bonds secured by a cover pool of assets that the issuer provides as collateral. In the event of the issuer’s bankruptcy, investors have a preferential claim to the cover pool and are guaranteed dual recourse to the issuer’s other assets as well.2. Eligible issuers of covered bondsIn order for a financial institution to issue covered bonds, it should satisfy both institutional and eligibility requirements.- (institutional requirement) banks, Korea Housing Finance Corporation, Korea Finance Corporation, and other equivalent institutions designated by Presidential Decree- (eligibility requirement) a financial institution with equity capital of more than KRW 100 billion and a BIS ratio of more than 10 %, capable of ensuring proper funding, operation and risk management.3. Cover poolA cover pool is composed of cover assets, liquid assets and other assets with a minimum coverage ratio of collateral more than 105%.- (cover assets) mortgage loans, debts issued by governments and public institutions, government bonds- (liquid assets) cash, certificates of deposit issued by other banks with a maturity of less than 100 days- (other assets) recovery from cover assets, property earned through management, operation, and sale of assets, derivative contracts for hedging against currency and interest rate risks4. Registration and issuanceAn issuer should register its i
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Oct 12, 2012

FSB Plenary Meeting Held In Tokyo

The FSC Vice Chairman, Choo Kyung Ho visited Tokyo during October 10 to 11 to attend the Financial Stability Board’s Plenary Meeting.Top regulators from 24 FSB member countries as well as from BCBS and other standard-setting bodies attended the meeting to uphold and execute the agreements made on financial regulatory reform initiatives at the G20 Mexico Summit last June.Some of the issues agreed upon were: vulnerabilities in the financial system; G-SIFIs and D-SIFIs; shadow banking; and OTC derivatives regulation.*Please read the attached file for details.
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Sep 27, 2012

Plan for Revision to Regulations on Supervision of Banking Business

BACKGROUNDThe FSC/FSS started to revise the Regulations and Detailed Regulations on Supervision of Banking Business for domestic implementation of the Basel III rules, which will take effect in 2013.KEY REVISIONS1. Revision of minimum capital requirementMinimum capital requirement for banks will be subdivided from the current 8% of the total capital into three criteria: 4.5% of common equity Tier 1, 6% of Tier 1 capital, and 8% of the total capital.2. Introduction of capital buffer1Banks will be required to reserve an extra capital buffer of 2.5%p in addition to the minimum capital requirement. Unlike minimum capital ratios, capital buffer is not a mandatory requirement; however, if banks fail to meet capital buffer requirement, they will be limited in dividend payment or share repurchase.3. Revision of conditions for corrective measures to be taken and evaluation of management status(1) Conditions for corrective measures to be takenCurrently, banks are ordered to take corrective measures depending on their equity capital ratios: management improvement recommendation for less than 8%, management improvement requirement for less than 6%, and management improvement order for less than 2% of equity capital.With the implementation of Basel III rules, such conditions will be further subdivided into three criteria: total capital ratio, Tier 1 capital ratio, and common Tier 1 capital ratio. Corrective measures Current Proposed revision Management improvement Less than 8% of BIS ratio 1. less than 8% of the total capital 2. less than 6% of Tier 1 capital recommendation 3. less than 4.5% of common Tier 1 Management improvement Less than 6% of BIS ratio 1. less than 6% of the total capital 2. less than 4.5% of Tier 1 capital requirement 3. less than 3.5% of common Tier 1 Management improvement order Less than 2% of BIS ratio 1. less than 2% of the total capital 2. less than 1.5% of Tier 1 capital 3. less than 1.2% of common Tier 1 (2) Evaluation of management statusUnder the
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Sep 25, 2012

FSC/FSS to Tighten Rules on Commercial Papers

BackgroundCommercial paper (CP) is an unsecured promissory note issued by companies, based only on corporate credits with no collateral backed. It is widely sold by firms for short-term funding needs as the paper requires simpler selling process than corporate bonds.CP issuance shrank temporarily after the Asian financial crisis and the credit card turmoil, but it resumed its growth trend since 2005.However, loose disclosure regulations and lack of transparency in the CP market boosted concerns over risk management and investor protection, as well as improper CP sales.The financial regulator recognized the need to find vulnerabilities in the CP market and develop measures to improve transparency and investor protection.Tighter Rules on CPThe financial regulator will tighten rules on disclosure requirement for CP in a bid to improve transparency in the CP market. It will also strengthen regulation and supervision of CP issuance and support fully-disclosed electronic trading in CPs.Currently, an asset-backed commercial paper (ABCP) issuer discloses trade data and credit rating on the homepage of Korea Financial Investment Association on the day of issuance.From October, an ABCP issuer will be required to disclose more information on the paper, including financial soundness of issuers, collateral assets and specification on product structuring as well as credit ratings.The regulator will push for amendments to Financial Investment Services and Capital Markets Act, which will make it mandatory to disclose the credit rating summary on the FSS’s DART.Currently, brokerages have no reporting obligations for ABCP transactions and the regulator is limited in its ability to monitor the CP market and respond immediately. From next year, brokerages will be required to report details on ABCP transactions.In addition, one-stop inquiry system for CP issuance will be up and running from October to provide investors information including CP’s credit ratings, collateral assets and
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Sep 06, 2012

Trends in ELS/DLS Markets and Related Measures for Improvement

BACKGROUNDSince the global financial crisis, the issuances of equity-linked securities (ELS) and derivatives-linked securities (DLS) have surged with the trend of low-interest rate and growing demand for customized investment.With the growing popularity of ELS and DLS, there is need to strengthen investors protection accordingly. In particular, ELS and DLS are legally treated same as corporate bonds; therefore, investors remain vulnerable to the issuer’s credit risk.Against this backdrop, the FSC came up with measures to strengthen investor protection and the soundness of ELS/DLS markets as follows:KEY MEASURES1. Monitoring system for the issuance and operations of ELS/DLSThe monitoring system will be established for more effective management and oversight of the issuance and operation of ELS/DLS. Hedged assets will be managed separately from client-owned assets. Securities houses will be required to establish separate electronic systems by issuers to manage hedged assets. The FSC will review ways to legally differentiate hedged assets from client-owned assets and provide effective protection for investors’ assets. The status of ELS/DLS issuances and operation should be reported to the FSS on a monthly basis.2. Strengthened management of issuers’ credit riskThe FSC will discourage securities houses from excessively issuing short -term ELS/DLS with three-month or less maturities in order to prevent overheated competition in the markets. Based on the monitoring of market situation, the FSC will consider whether to directly limit the issuance of ELS/DLS to a certain ratio of issuers’ equity capital.*Please read the attached file for details.
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