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ENFORCEMENT DECREE OF THE FINANCIAL INVESTMENT SERVICES AND CAPITAL MARKETS ACT
CHAPTER IV OVER-THE-COUNTER TRADING
조문단위인쇄
 Article 201 (Disclosure, etc. of Information)
(1) "Methods of corporate combination prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 174 (1) of the Act means any of the following methods through which a major shareholder of an unlisted corporation or an affiliated person of the major shareholder (hereafter referred to as "major shareholder, etc." in this Article) becomes the largest shareholder of a listed corporation as a result of corporate combination: <Newly Inserted on Aug. 27, 2013>
1. Where the listed corporation acquires the essential business referred to in Article 161 (1) 7 of the Act from the unlisted corporation and, in return, delivers the stocks, etc. issued by that listed corporation;
2. Where the listed corporation acquires essential assets referred to in Article 161 (1) 7 of the Act from the major shareholders, etc. of the unlisted corporation and, in return, delivers the stocks, etc. issued by that relevant listed corporation;
3. Where the major shareholders, etc. of the unlisted corporation make an investment in kind in a listed company under Article 422 of the Commercial Act, and, in return, receive stocks, etc. issued by the listed corporation.
(2) "Manner prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 174 (1) of the Act means that a period or hours prescribed in any of the following has elapsed since the relevant corporation (including a person who is delegated with the authority to make disclosures by that corporation) or its subsidiary company (referring to a subsidiary company as prescribed in Article 342-2 (1) of the Commercial Act, and including a person who is delegated with the authority to make disclosures by the subsidiary company) disclosed information in any of the following manners: <Amended on Jul. 1, 2009; Jan. 27, 2010; Aug. 27, 2013>
1. Information contained in the document filed with or reported to the Financial Services Commission or the exchange in accordance with statutes or regulations: One day after the document containing such information is made available for inspection, as prescribed by the Financial Services Commission or the exchange;
2. Information disclosed through the electronic communications medium established and run by the Financial Services Commission or an exchange: Three hours after the disclosure;
3. Information published in at least two newspapers circulated nationwide, among ordinary daily newspapers and daily newspapers specializing in the economy under the Act on the Promotion of Newspapers, Etc.: Six hours from midnight of the day following the date of publishing: Provided, That where information is published in the form of electronic publication under relevant statutes, six hours after the publishing;
4. Information broadcasted through a terrestrial broadcasting station with nationwide coverage, among broadcasting stations under the Broadcasting Act: Six hours after the broadcasting;
5. Information provided by Yonhap News Agency under the Act on the Promotion of News Communications: Six hours after the provision.
(3) "Manner prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 174 (2) of the Act means that the period or hours prescribed in the relevant subparagraph has elapsed since a tender offeror (including a person who is delegated with the authority to make disclosures by the tender offeror) disclosed information in any of the manners prescribed in the subparagraphs of paragraph (2). <Amended on Aug. 27, 2013>
(4) "Acquisition or disposition, as prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 174 (3) of the Act means acquisition or disposition satisfying each of the following requirements: <Amended on Aug. 27, 2013>
1. It shall be done for the purposes provided for in Article 154 (1) (applicable only to acquisition);
2. It shall be acquisition or disposition in bulk of not less than the ratio determined and publicly notified by the Financial Services Commission;
3. The acquisition or disposition shall be subject to reporting under Article 147 (1) of the Act.
(5) "Manner prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 174 (3) of the Act means that the period or hours prescribed in the relevant subparagraph has elapsed since a person who intends to acquire or dispose of stocks, etc. in bulk (including a person who is delegated with the authority to make disclosures by the person) disclosed information in any of the manners prescribed in the subparagraphs of paragraph (2). <Amended on Aug. 27, 2013>