ENFORCEMENT DECREE OF THE MUTUAL SAVINGS BANKS ACT
Wholly Amended by Presidential Decree No. 15758, Apr. 1, 1998
Amended by Presidential Decree No. 16266, Apr. 30, 1999
Presidential Decree No. 16323, May 24, 1999
Presidential Decree No. 16709, Feb. 14, 2000
Presidential Decree No. 16859, jun. 27, 2000
Presidential Decree No. 17265, jun. 30, 2001
Presidential Decree No. 17405, Nov. 7, 2001
Presidential Decree No. 18146, Nov. 29, 2003
Presidential Decree No. 18297, Feb. 28, 2004
Presidential Decree No. 18305, Mar. 9, 2004
Presidential Decree No. 18736, Mar. 8, 2005
Presidential Decree No. 19464, May 3, 2006
Presidential Decree No. 20555, Jan. 18, 2008
Presidential Decree No. 20653, Feb. 29, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21059, Sep. 30, 2008
Presidential Decree No. 21518, May 29, 2009
Presidential Decree No. 21765, Oct. 1, 2009
Presidential Decree No. 22248, jun. 30, 2010
Presidential Decree No. 22401, Sep. 20, 2010
Presidential Decree No. 22719, Mar. 22, 2011
Presidential Decree No. 23283, Nov. 1, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 23987, Jul. 24, 2012
Presidential Decree No. 24635, jun. 21, 2013
Presidential Decree No. 24697, Aug. 27, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25178, Feb. 11, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25844, Dec. 9, 2014
Presidential Decree No. 25945, Dec. 30, 2014
Presidential Decree No. 26205, Apr. 20, 2015
Presidential Decree No. 26600, Oct. 23, 2015
Presidential Decree No. 27037, Mar. 11, 2016
Presidential Decree No. 27091, Apr. 8, 2016
Presidential Decree No. 27205, May 31, 2016
Presidential Decree No. 27289, jun. 28, 2016
Presidential Decree No. 27414, Jul. 28, 2016
Presidential Decree No. 28391, Oct. 17, 2017
Presidential Decree No. 29112, Aug. 21, 2018
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 29856, jun. 11, 2019
Presidential Decree No. 30128, Oct. 15, 2019
Presidential Decree No. 30307, Dec. 31, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30893, Aug. 4, 2020
Presidential Decree No. 31222, Dec. 8, 2020
Presidential Decree No. 31553, Mar. 23, 2021
Presidential Decree No. 31919, Jul. 27, 2021
Presidential Decree No. 32091, Oct. 21, 2021
Presidential Decree No. 32274, Dec. 28, 2021
Presidential Decree No. 32449, Feb. 17, 2022
Presidential Decree No. 33112, Dec. 20, 2022
Presidential Decree No. 33446, May 2, 2023
The purpose of this Decree is to prescribe matters mandated by the Mutual Savings Banks Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on Sep. 20, 2010]
| Article 2 Deleted. <Mar. 9, 2004> |
| Article 3 (Equity Capital) |
| 1. | Core capital shall be the real net assets of a mutual savings bank, such as capital and reserves, with a permanent nature; |
| 2. | Supplementary capital shall be the capital equivalent to the capital under subparagraph 1, such as subordinated bonds, and shall be able to compensate for losses incurred in engaging in business activities of a mutual savings bank; |
| 3. | Capital which does not substantially contribute to soundly maintaining the capital, such as treasury stocks held by the relevant mutual savings bank, shall be excluded from the core capital or supplementary capital; |
| 4. | Equity capital shall be calculated every six months and shall be applied for six months from the date on which two months pass after the date of calculation (hereafter in this Article referred to as "period for the application of equity capital"). |
| (2) | Notwithstanding paragraph (1), any of the following shall be deemed the equity capital: <Amended on Jun. 21, 2013; Feb. 11, 2014; Jun. 28, 2016; Dec. 31, 2019> |
| 1. | Amounts determined by the Financial Services Commission, in consideration of the financial structure of the relevant mutual savings bank and the period for management normalization thereof, after seeking opinions from the Governor of the Financial Supervisory Service established under the Act on the Establishment of Financial Services Commission (hereinafter referred to as the "Governor of the Financial Supervisory Service"), with regard to any of the following mutual savings banks: Provided, That this shall be limited to where the amounts are bigger than the equity capital calculated in accordance with standards under paragraph (1): |
| (c) | A mutual savings bank (excluding where an existing large shareholder or a specially related person therewith under Article 4-2 (1) has been changed to the largest shareholder), the largest shareholder (including a shareholder who is a specially related person under Article 4-2 (1) with the largest shareholder; hereafter in this Article and Article 6-3 the same shall apply) of which has been changed in order to normalize the management of a mutual savings bank falling under any subparagraph of Article 6-3 (3); |
| (3) | Amounts falling under the main clause of paragraph (2) 2 shall be only applied to the next period for the application of the equity capital. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for calculation of the equity capital shall be determined and publicly notified by the Financial Services Commission. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 3-2 (Scope of Deposits and Credit Granting) |
| (1) | "Matters prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means liabilities arising from the issuance of a bill by a mutual savings bank when it issues bills in performing its duties under Article 11 (1) 16 of the Act. <Amended on Feb. 11, 2014> |
| 1. | Purchase of corporate bonds (excluding those issued by public offering); |
| 2. | Purchase of a bill issued by a company (referring to bills issued by a company for the purpose of raising funds); |
| 4. | Call loan [referring to the granting of a loan through transactions between financial institutions (referring to institutions that undergo the inspection of the Financial Supervisory Service under Article 38 of the Act on the Establishment of Financial Services Commission; hereinafter the same shall apply) for a short term within 30 days, and call loan transactions, in which transaction partners are not designated, shall be excluded, from among call loan transactions made through the Korea Federation of Savings Banks under Article 25 of the Act (hereinafter referred to as the "Federation")]; |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 3-3 (Scope of Persons Sharing Credit Risks) |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 4 (Details of Management Guidance) |
"Matters prescribed by Presidential Decree" in subparagraph 9 (c) of Article 2 of the Act means any of the following matters: | 1. | Matters concerning the correction of illegal or unlawful acts; |
| 2. | Matters concerning the formulation and implementation of management normalization plans; |
| 3. | Matters concerning the liquidation of non-performing assets and the acquisition or disposal of real estate; |
| 4. | Matters concerning the transfer or merger of business or stocks; |
| 5. | Matters concerning the filing of or responding to lawsuits, to which the relevant mutual savings bank is a party, with regard to matters falling under subparagraphs 1 through 4; |
| 6. | Other matters for the rationalization and efficiency of the management of the relevant mutual savings banks, such as cutting costs and risk control. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 4-2 (Scope of Specially Related Persons) |
| (2) | "Person prescribed by Presidential Decree" in subparagraph 11 (b) of Article 2 of the Act means any of the following persons: |
| 1. | A shareholder who, alone or under an arrangement or agreement with other shareholders, has appointed a chief executive officer or a majority of directors; |
| 2. | A shareholder designated by the Financial Services Commission as one who has dominant control over decision-making on important matters, such as management strategies and organizational changes, or business execution. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 5 (Transfer of Headquarters or Branch Offices) |
"Requirements prescribed by Presidential Decree" in the provision, with the exception of the subparagraphs, of Article 5 (2) of the Act means requirements under the following classifications: | 1. | When a main office (hereinafter referred to as the "headquarters") is transferred: Requirements for capital stocks, which are applied to a region to which the headquarters is transferred pursuant to the subparagraphs of Article 5 (1) of the Act, shall be satisfied: |
| 2. | When a branch office, etc. (referring to a branch office or similar under the main clause of Article 7 (1) of the Act; hereinafter the same shall apply) is transferred: Requirements for increasing capital stocks, which are applied under Article 7 (3) of the Act, shall be satisfied. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 5-2 Deleted. <Sep. 20, 2010> |
| Article 6 (Applications for Authorization for Business) |
| (1) | A person who intends to apply for authorization of a mutual savings bank under Article 6 (2) of the Act shall submit an application form stating the following matters to the Financial Services Commission: <Amended on Nov. 1, 2011> |
| 2. | Location of the headquarters; |
| 3. | Names, resident registration numbers and addresses of the representative and executive officers; |
| 4. | Matters concerning the capital stocks; |
| 6. | Matters concerning facilities, equipment, and human resources; |
| 7. | Business for which he or she intends to obtain authorization. |
| (2) | The following documents shall be attached to an application form under paragraph (1): |
| 1. | Articles of association; |
| 3. | Business plans for three years after the commencement of business (including estimated financial statements and revenues and expenses forecast statements); |
| 4. | Documents in which the locations and names of the headquarters and branch offices, etc. are written; |
| 5. | Resumes and career certificates of executive officers; |
| 6. | Minutes for the proceedings of promoters' association; |
| 7. | Resumes and career certificates of promoters; |
| 8. | Contracts on joint ventures (limited to joint ventures with foreigners); |
| 9. | Documents evidencing the payment of capital stocks under Article 5 (1) of the Act and the source of such capital stocks; |
| 10. | Documents stating the names or titles of shareholders who own not less than 2/100 of the total number of the issued securities as of the application date of authorization and the number of securities owned by them; |
| 11. | Other documents deemed necessary for the examination of requirements for authorization under the Act or this Decree, which are determined by the Financial Services Commission. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 6-2 (Detailed Requirements for Authorization concerning Professional Human Resources and Physical Facilities) |
| (1) | The detailed requirements for professional human resources and physical facilities under Article 6-2 (1) 2 of the Act shall be as follows: <Amended on Sep. 20, 2010; Jul. 28, 2016> |
| 1. | Any of its promoters (applicable only where promoters are private individuals) and executives shall not fall under any of the subparagraphs of Article 5 (1) of the Act on Corporate Governance of Financial Companies, and it shall have, as its executive officers and employees, professional human resources with such expertise as specified by the Financial Services Commission, including persons who have worked for at least five years in the business field in which it intends to engage; |
| 2. | It shall have an electronic computer system required for its business, and shall also have an adequate office space. |
| (2) | Detailed requirements for authorization concerning business plans under Article 6-2 (1) 3 of the Act shall be as follows: <Amended on Sep. 20, 2010; Feb. 11, 2014; Jun. 28, 2016; Dec. 31, 2019> |
| 1. | The forecast for revenue and expenditure shall be feasible and practicable; |
| 2. | Its equity capital ratio under Article 11-7 (1) 1 shall not be lower than 5/100, and it shall be able to maintain the ratio determined by the Financial Services Commission. |
| (3) | Deleted. <Jan. 18, 2008> |
| (4) | "Shareholders prescribed by Presidential Decree" in Article 6-2 (1) 4 of the Act means the following persons: <Amended on Sep. 20, 2010> |
| 1. | The largest shareholder of the legal entity that is the largest shareholder (including the person having de facto control over the legal entity that is the largest shareholder, if such person is not the largest shareholder of the legal entity); |
| 2. | The representative of the legal entity that is the largest shareholder. |
| (5) | The large shareholders under Article 6-2 (1) 4 of the Act shall meet the requirements provided for in attached Table 1. <Amended on Sep. 20, 2010> |
| (6) | The Financial Services Commission may request the Governor of the Financial Supervisory Service to conduct an examination on the requirements under paragraph (5) or may request the head of a relevant central administrative agency or the Governor of the Financial Supervisory Service to submit data required for such examination. <Amended on Sep. 20, 2010> |
| (7) | The Financial Services Commission may establish further specific guidelines for the detailed requirements under paragraphs (1), (2), and (5). <Amended on Sep. 20, 2010> |
[This Article Newly Inserted on Jun. 27, 2000]
[Title Amended on Sep. 20, 2010]
| Article 6-3 (Standards for Authorization for Establishment of Branch Offices) |
| (1) | Any mutual savings bank which intends to obtain authorization for the establishment of branch offices, etc. under the proviso of Article 7 (1) and Article 7 (2) of the Act shall satisfy the following requirements: <Amended on Nov. 1, 2011; Feb. 11, 2014; Jun. 28, 2016; Dec. 31, 2019; Jul. 27, 2021> |
| 1. | The amounts remaining after subtracting the total amounts of debts from the gross amount of assets in the statement of financial position of the relevant mutual savings bank (hereinafter referred to as "equity capital in the statement of financial position") as at the end of the latest quarter shall be at least 200/100 of the amounts under Article 5 (1) of the Act [or at least 100/100 of the aforementioned amounts, where it establishes a local office (referring to a business office engaged in accounting, which is attached to the headquarters or a branch office and equipped with human resources and facilities prescribed by Ordinance of the Prime Minister; hereinafter the same shall apply)]; |
| 2. | No warning shall be given to a mutual savings bank under Article 24 (1) 1 of the Act from the Financial Services Commission for the recent one year and no measures corresponding to the partial suspension of business within six months under Article 24 (1) 5 of the Act shall be taken against a mutual savings bank: Provided, That where the largest shareholder has been changed, measures taken due to grounds which have occurred before the change of the largest shareholder shall be excluded; |
| 3. | The capital ratio under Article 11-7 (1) 1 as well as asset soundness classifications and standards under paragraph (2) 2 of that Article which are determined by the Financial Services Commission shall be met. |
| (2) | Paragraph (1) shall not apply to any of the following mutual savings banks: <Amended on Nov. 1, 2011> |
| 3. | At least two savings banks, for which three years have not passed since they are transferred to a subsidiary, second-tier subsidiary, or third-tier subsidiary of a financial holding company under the Financial Holding Companies Act; |
| 4. | A mutual savings bank which, by the transfer of contracts, succeeds to the headquarters of or a branch office of another mutual savings bank and operates such headquarters or branch office as its branch office, etc.; |
| 5. | A mutual savings bank which intends to expand the number of the establishment of a local office (hereinafter referred to as "local office specializing in credit finance") that only deals with business activities referred to in Article 11 (1) 4, 5, or 10 of the Act and business activities incidental thereto in its business areas within the range of at least three and of not exceeding the number determined by the Financial Service Commission. |
| (3) | "Mutual savings bank prescribed by Presidential Decree" in Article 7 (2) of the Act means any mutual savings bank which has the change of the largest shareholder under paragraph (4) (hereinafter referred to as "mutual savings bank with the change of the largest shareholder") or any mutual savings bank which, by the transfer of contracts, succeeds to the headquarters of or a branch office, etc. of another mutual savings bank that has established its branch office, etc. outside its business areas, as any of the following mutual savings banks: Provided, That mutual savings banks which the Financial Services Commission deems to be likely to damage the sound operation of mutual savings banks shall be excluded: <Amended on Nov. 1, 2011> |
| (4) | A person who intends to become the largest shareholder [where a person who intends to become a large shareholder and is not in a special relationship with the largest shareholder, and the largest shareholder jointly acquire and take over shares (referring to practical control over the relevant shares; hereafter in this Article and Article 7-4 (3) referred to as "acquisition, etc."), referring to a person who intends to become such large shareholder] in a mutual savings bank with the change of the largest shareholder shall obtain approval from the Financial Services Commission for the acquisition, etc. of shares after satisfying requirements for approval under Article 10-6 (1) of the Act and all of the following requirements: Provided, That requirements under subparagraph 2 shall not apply where a financial institution intends to become the largest shareholder of a mutual savings bank, and requirements under subparagraph 3 below and subparagraph 1 (a) of attached Table 2 shall not apply where the Federation intends to become the largest shareholder of a mutual savings bank by using the reserved fund for structural improvement under Article 48 of the Restriction of Special Taxation Act: <Amended on Nov. 1, 2011; Oct. 23, 2015; Oct. 21, 2021> |
| 1. | Funds for capital increase, which may raise the level of the financial soundness of the relevant mutual savings bank higher than the level determined by the Financial Services Commission, shall be secured and deposited in a financial institution: Provided, That where the Financial Services Commission recognizes that the sound financial status of a person who acquires shares is maintained, deposits in the financial institution may be exempted; |
| 2. | Funds for capital increase under subparagraph 1 shall not be borrowings; |
| 3. | The equity capital of a person who intends to acquire, etc. shares (only applicable to a corporation) shall be at least three times of funds for takeover and capital increase, which are necessary for achieving the financial soundness under subparagraph 1, and shall satisfy standards determined by the Financial Services Commission: Provided, That where a person who intends to acquire, etc. shares is an institutional private equity fund under Article 9 (19) 1 of the Financial Investment Services and Capital Markets Act (in cases of a special purpose company under Article 249-13 of that Act, referring to an institutional private equity fund which is its shareholder or employee), the equity capital (only applicable to a corporation) of its business executive members and a partner with limited liability, the investment shares of which are at least 30/100, shall be at least three times of the relevant investment shares, respectively, and shall satisfy standards determined by the Financial Services Commission. |
| (5) | Where a mutual savings bank with the change of the largest shareholder, intends to establish a branch office, etc. in areas other than business areas, the mutual savings bank with the change of the largest shareholder shall, within one year from the date it obtains approval from the Financial Services Commission for the acquisition, etc. of shares pursuant to paragraph (4), increase its capital with funds for capital increase (where deposit is exempted, referring to the amounts corresponding thereto) deposited in a financial institution pursuant to the main clause of paragraph (4) 1, and then shall apply for the establishment of a branch office, etc. within three years from the date it obtains such approval, after satisfying requirements under the subparagraphs of paragraph (1): Provided, That classification standards for financial soundness under paragraph (1) 3 may not apply, as determined by the Financial Services Commission. <Amended on Nov. 1, 2011> |
| (6) | With respect to a branch office, etc. which a mutual savings bank with the change of the largest shareholder establishes in areas other than business areas, the total number of branch offices, etc. approved by the Financial Services Commission shall be not more than five, and other detailed standards for the establishment of branch offices shall be determined and publicly notified by the Financial Services Commission. <Amended on Nov. 1, 2011> |
| (7) | "Amount prescribed by Presidential Decree" in the former part of Article 7 (3) of the Act means the smaller of the following amounts: <Amended on Nov. 1, 2011; Feb. 11, 2014; Dec. 9, 2014; Aug. 21, 2018; Jul. 27, 2021> |
| 1. | The amount that is calculated after applying the following formula to any amount classified under each subparagraph of Article 5 (1) of the Act on the basis of the location of a branch office, etc. to be established: Provided, That in cases of any mutual savings bank falling under any subparagraph of paragraph (2) or any mutual savings bank which meets the requirements determined and publicly notified by the Financial Services Commission in consideration of the number of branch offices, etc. to be established, scale of business areas, etc., an amount corresponding to 50/100 of the amount calculated in the former part shall apply: |
| (b) | Local office and local office specializing in loan servicing: Any amount classified under each subparagraph of Article 5 (1) of the Act × 0/100; |
| (c) | Deleted; <Aug. 21, 2018> |
| 2. | The amount that remains after subtracting the equity capital in the statement of financial position from the sum of the following amounts: |
| (a) | Any amount classified under each subparagraph of Article 5 (1) of the Act on the basis of the location of the headquarters; |
| (b) | The amount added up by each amount that is calculated after applying a formula falling under each item of subparagraph 1 to any amount classified under each subparagraph of Article 5 (1) of the Act on the basis of the locations of all branch offices, etc. (including a branch office, etc. to be established under subparagraph 1): Provided, That in cases of any mutual savings bank falling under any subparagraph of paragraph (2) or any mutual savings bank which meets the requirements determined and publicly notified by the Financial Services Commission in consideration of the number of branch offices, etc. to be established, scale of business areas, etc., an amount corresponding to 50/100 of the amount calculated as mentioned here shall apply. |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 6-4 (Detailed Standards for Authorization of Dissolution or Merger) |
| (1) | The detailed standards for authorization under Article 10 (1) of the Act shall be in accordance with the categorization of conducts subject to authorization under the following subparagraphs: |
| 1. | Dissolution under Article 10 (1) 1 of the Act or discontinuance of business under subparagraph 2 of that paragraph: The following criteria: |
| (a) | It shall be inevitable to dissolve or close the mutual savings bank in light of its management conditions, financial structure, etc.; |
| (b) | It shall be unlikely to undermine the protection of customers and the maintenance of credit order; |
| 2. | Merger under Article 10 (1) 1 of the Act or transfer and acquisition under subparagraph 2 of that paragraph: The following criteria: |
| (a) | It shall be designed to rationalize the financial industry and strengthen the financial competitiveness, etc.; |
| (b) | It shall not undermine the stability of the financial market and the maintenance of credit order; |
| (d) | It shall not create de facto restrictions on competition among financial institutions. In such cases, the Financial Services Commission shall have a prior consultation with the Fair Trade Commission to determine whether the conduct would lead to de facto restrictions on competition; |
| (e) | The business ability, financial status, etc. of the surviving or resulting corporation following merger or consolidation or the transferee mutual savings bank shall be appropriate; |
| (a) | The reduction of capital should be inevitable in light of the management conditions, financial structure, etc. of the mutual savings bank; |
| (b) | It shall not infringe on the rights and interests of customers; |
| (2) | Details necessary for the content, operation, etc. of the standards for authorization under paragraph (1) shall be determined and publicly notified by the Financial Services Commission. |
[This Article Newly Inserted on Jul. 27, 2021]
| Article 7 (Matters Subject to Mandatory Reporting) |
| (1) | "Where it changes any insignificant matter prescribed by Presidential Decree" in Article 10-2 (1) 1 of the Act means the following cases: <Newly Inserted on Jul. 27, 2021> |
| 1. | Where the changes are made due to the enactment or amendment of statutes or regulations; |
| 2. | Where changes are made following the relevant authorization, permission, approval, etc.; |
| 3. | Where changes are made as prescribed in an order of the Financial Services Commission issued under Article 22 of the Act; |
| 4. | Where changes are made regarding any obvious error, clerical error, or omission; |
| 5. | Other changes equivalent to those provided in subparagraphs 1 through 4 with regard to matters determined and publicly notified by the Financial Services Commission. |
| (2) | "Where it changes any insignificant matter prescribed by Presidential Decree" in Article 10-2 (1) 2 of the Act means the following cases: <Newly Inserted on Jul. 27, 2021> |
| 1. | Where it falls under the provisions of subparagraphs 1 through 3 of paragraph (1); |
| 2. | Where a mutual savings bank does not conduct business activities referred to in the subparagraphs of Article 11 (1) of the Act; |
| 3. | Where a mutual savings bank changes detailed affairs of business activities referred to in the subparagraphs of Article 11 (1) of the Act; |
| 4. | Where any change is made with regard to matters equivalent to those prescribed in subparagraphs 1 through 3 as determined and publicly notified by the Financial Services Commission. |
| (3) | "Cases prescribed by Presidential Decree" in Article 10-2 (1) 5 of the Act means cases where a mutual savings bank acquires or disposes of its own stock: <Amended on Jul. 27, 2021> |
| (5) | "Cases prescribed by Presidential Decree" in Article 10-2 (4) 7 of the Act means any of the following cases: <Amended on Oct. 17, 2017; Jul. 27, 2021> |
| 1. | Cases where the amount that is calculated by deducting the revenue of deposits, etc. from the payments made as a result of the closure of or withdrawal of funds from daily deposit accounts, etc. is not less than any standardized amount determined by the Financial Services Commission: Provided, That cases where grounds for the closure of or withdrawal of funds from accounts for deposits, etc. correspond to grounds determined and publicly notified by the Financial Services Commission shall be excluded from the payments referred to in the main clause; |
| 2. | Cases where a loss has incurred to a mutual savings bank due to a financial accident and is determined and publicly notified by the Financial Services Commission. |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Jul. 27, 2021]
| Articles 7-2 Deleted. <Jul. 28, 2016> |
| Articles 7-3 Deleted. <Jul. 28, 2016> |
| Article 7-4 (Examining Qualifications of Large Shareholders) |
| (1) | "Large shareholder prescribed by Presidential Decree" in Article 10-6 (1) of the Act means the following: <Amended on Dec. 9, 2014> |
| 1. | The largest shareholder (including any shareholder who is a specially related person); |
| 2. | Any major shareholder (including any shareholder who is a specially related person); |
| 3. | Where the largest shareholder or major shareholder is a corporation, the largest shareholder or the largest investor (including a person who has de facto control over a corporation where a person who has de facto control over a corporation is different from the largest shareholder or the largest investor of such corporation) and representative of such corporation. |
| (2) | "Requirements prescribed by Presidential Decree" in Article 10-6 (1) of the Act means requirements provided for in attached Table 2: Provided, That where the Governor of the Financial Supervisory Service or the President of the Korea Deposit Insurance Corporation (hereinafter referred to as the "Korea Deposit Insurance Corporation") established under the Depositor Protection Act makes a request due to special grounds, such as liquidation (including capital increase for self-normalization) of mutual savings banks under the subparagraphs of Article 6-3 (3) and of insolvent financial institutions under subparagraph 2 of Article 2 of the Act on the Structural Improvement of the Financial Industry, all or some of requirements under items (b) and (f) of subparagraph 1 and items (a) and (b) of subparagraph 2 in attached Table 2 shall be excluded. <Amended on Nov. 1, 2011; Jun. 21, 2013> |
| (3) | Grounds for the acquisition, etc. of shares and the period of application for approval under Article 10-6 (2) of the Act shall be as follows: <Amended on Feb. 11, 2014> |
| 1. | Where a person becomes a large shareholder by acquiring shares as the result of inheritance, legacy, or gift effective upon death after the death of the former shareholder: Three months after the date on which the previous shareholder dies: Provided, That where any unavoidable reason exists, the period may be extended by up to three months by obtaining approval from the Financial Services Commission; |
| 2. | Where a person becomes a large shareholder by acquiring shares due to grounds determined and publicly notified by the Financial Services Commission, such as the exercise of a security right, the receipt of payment in substitutes or other grounds corresponding thereto: One month after the date on which he or she acquires shares; |
| 3. | Where a person becomes a large shareholder due to the reduction of capital or the disposal of shares by other shareholders: One month after the date on which he or she becomes a large shareholder. |
| (4) | The Financial Services Commission shall, in receipt of an application for approval pursuant to Article 10-6 (1) or (2) of the Act, examine the details of such application, decide whether to grant approval within 60 days, and notify the applicator of the result and rationale in writing without delay. In such cases, the Financial Services Commission may request to rectify any defect such application may have. <Newly Inserted on Dec. 9, 2014> |
| (5) | When the period of examination under paragraph (4) is calculated, the period for rectifying any defect of the application, etc. determined and publicly notified by the Financial Services Commission shall not be counted towards the period of examination. <Newly Inserted on Dec. 9, 2014> |
| (6) | "Major shareholder prescribed by Presidential Decree" in the former part of Article 10-6 (3) of the Act means any of the following persons: <Amended on Dec. 9, 2014> |
| 1. | The largest shareholder (including a specially related person of the largest shareholder, who holds at least 2/100 of the total number of voting shares issued by mutual savings banks); |
| 2. | Major shareholder (including a specially related person of any major shareholder, who holds at least 2/100 of the total number of voting shares issued by mutual savings banks); |
| 3. | Where the largest shareholder is a corporation, the largest shareholder (including a person who has de facto control over a corporation when a person who has de facto control over a corporation is different from the largest shareholder of such corporation; hereafter in paragraph (8) the same shall apply) and representative of such corporation. |
| (7) | “Regular intervals prescribed by Presidential Decree" in the former part of Article 10-6 (3) of the Act means two years: Provided, That the period means one year, in cases of a same affiliated mutual savings bank under Article 12 (1) of the Act (hereinafter referred to as “same affiliated mutual savings bank”) and mutual savings banks, the total assets of which are at least two trillion won as of the latest fiscal year. <Amended on Feb. 11, 2014; Dec. 9, 2014> |
| (8) | “Requirements prescribed by Presidential Decree” in the former part of Article 10-6 (3) of the Act means requirements provided for in attached Table 3. <Amended on Jun. 21, 2013; Dec. 9, 2014> |
| (9) | The Financial Services Commission may request the submission of the following data to examine qualifications as major shareholders: <Amended on Dec. 9, 2014> |
| 1. | In cases of large shareholders, stock depositary receipts, copies of stock certificates, and documents necessary for determining the scope of specially related persons; |
| 2. | In cases of mutual savings banks, rosters of shareholders and information on large shareholders and the specially related persons; |
| 3. | Other documents that the Financial Services Commission deems necessary for examination. |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 7-5 (Requirements for Conducting Installment Financial Business) |
"Requirements prescribed by Presidential Decree, including financial soundness" in Article 11 (1) 15 of the Act means the following requirements: <Amended on Jun. 28, 2016; Dec. 31, 2019> | 1. | The ratio of equity capital to risk-weighted assets provided for in Article 11-7 (1) 1 shall be 10/100 or higher for the latest two consecutive fiscal years; |
[This Article Newly Inserted on Feb. 11, 2014]
| Article 8 (Preferential Treatment for Merged Mutual Savings Banks) |
When the Financial Services Commission grants approval for incidental business activities pursuant to Article 11 (1) 16 of the Act, it may grant such approval preferentially to a merged mutual savings bank, a mutual savings bank that has taken over contracts, or a mutual savings bank that has shown excellent business performance and sound financial status. <Amended on Feb. 11, 2014> [This Article Wholly Amended on Sep. 20, 2010]
| Article 8-2 (Matters to be Observed in Performing Duties) |
Mutual savings banks shall observe the following matters under Article 11 (2) of the Act: <Amended on Nov. 1, 2011; Feb. 11, 2014; Apr. 8, 2016; Aug. 21, 2018; Oct. 15, 2019> | 1. | Any mutual savings bank shall maintain the aggregate of credit granting offered to the individuals and small and medium enterprises determined and publicly notified by the Financial Services Commission in its business areas in accordance with any ratio as classified under each of the following items: Provided, That any credit granting determined and publicly notified by the Financial Services Commission shall be excluded in the calculation of the maintenance ratio: |
| (a) | Where the mutual savings bank has its business areas falling under Article 4 (1) 1 and 2 of the Act: At least 50/100 of the amount of the total credit granting; |
| (b) | Where the mutual savings bank has its business areas other than areas falling under Article 4 (1) 1 and 2 of the Act: At least 40/100 of the amount of the total credit granting; |
| (c) | Where the mutual savings bank corresponds to any of the following: At least 30/100 of the amount of the total credit granting: |
| (i) | Any mutual savings banks with the change of the largest shareholder; |
| (ii) | Any mutual savings bank which is newly established and, by the transfer of contracts, only succeeds to the headquarters of or a branch office, etc. of any mutual savings bank with the change of the largest shareholder; |
| (iii) | Any mutual savings bank which is prescribed in subitem (i) or (ii) and, by the transfer of contracts or by merger, only succeeds to the headquarters of or a branch office, etc. of another mutual savings bank prescribed in subitem (i) or (ii); |
| (d) | Where the mutual savings bank fails to correspond to any mutual savings bank falling under items (a) through (c): At least any standardized ratio determined by the Financial Service Commission within the range of at least 30/100 and of not more than 50/100 of the amount of the total credit granting; |
| 2. | The aggregate of credit granting to types of business and fields determined and publicly notified by the Financial Services Commission shall not exceed 70/100 of the total amount of credit granting, and the credit granting to the relevant types of business and fields shall not exceed the percentage or the amount determined and publicly notified by the Financial Services Commission; |
| 3. | Any mutual savings bank shall ensure that it satisfies standards determined and publicly notified by the Financial Services Commission with regard to trading partners or sales price when purchasing or buying loans; |
| 4. | Deleted. <Dec. 9, 2014> |
| 5. | No mutual savings bank shall offer credit granting for procuring liabilities; |
| 6. | No mutual savings bank shall offer credit granting on security of its own stocks (including investment securities); |
| 8. | When any mutual savings bank purchases commercial bills issued and endorsed by major shareholders from persons other than major shareholders, it shall purchase such bills within 20/100 of its equity capital; |
| 9. | No amount of installment financing shall exceed 25/100 of the amount of the total credit granting of mutual savings banks; |
| 10. | Deleted. <Mar. 23, 2021> |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 8-3 (Joint Use of Administrative Information) |
[This Article Newly Inserted on Aug. 21, 2018]
| Article 9 (Limits on Credit Granting to Individual Borrowers) |
| (1) | "Limits prescribed by Presidential Decree within 20/100 of the equity capital of mutual savings banks" in Article 12 (1) of the Act means the following amounts, each of which do not exceed 20/100 of the equity capital of such mutual savings banks: <Amended on Nov. 1, 2011; Apr. 8, 2016; Jul. 27, 2021> |
| 1. | Credit granting to a corporation (excluding corporations provided in subparagraph 2): 10 billion won (12 billion won in the case of a mutual savings bank whose gross amount of assets on the statement of financial position is at least one trillion won); |
| 1-2. | Credit granting to any business proprietor (excluding those who are not corporations provided in subparagraph 2) other than a corporation: 5 billion won (six billion won in the case of a mutual savings bank whose gross amount of assets on the statement of financial position is at least one trillion won); |
| 2. | Credit granting to a person who conducts a regional development project or public project: An amount incurred in conducting the relevant project; |
| 3. | Credit granting to a person who does not correspond to any person falling under subparagraphs 1, 1-2, and 2: 800 million won. |
| (2) | "Limits prescribed by Presidential Decree within 20/100 of the equity capital in accordance with consolidated financial statements" in Article 12 (1) of the Act means 20/100 of the equity capital in accordance with consolidated financial statements. |
| (3) | "Persons prescribed by Presidential Decree" in Article 12 (2) of the Act means persons who are offered credit granting under paragraph (1) 2 and 3. |
| (4) | "Limits prescribed by Presidential Decree within 25/100 of the equity capital of mutual savings banks" in Article 12 (3) of the Act means 25/100 of the equity capital of the relevant mutual savings banks. |
| (5) | "Limits prescribed by Presidential Decree within 25/100 of the equity capital in accordance with consolidated financial statements" in Article 12 (3) of the Act means 25/100 of the equity capital in consolidated financial statements. |
| (6) | Limits on credit granting under Article 12 (1) through (3) of the Act shall be calculated by subtracting the following amounts from the amounts of the total credit granting to individual borrowers or same borrowers: |
| 1. | Amounts corresponding to deposits, etc. in the relevant mutual savings bank in the names of individual borrowers (excluding those which may be deposited and withdrawn freely from time to time, those transferable, and those offered as security for a third party); |
| 2. | Amounts for which the Government, the Bank of Korea under the Bank of Korea Act (hereinafter referred to as the "Bank of Korea"), or banks under the Banking Act guarantee payment; |
| 3. | Amounts secured by shares issued or guaranteed by the Government, the Bank of Korea, or banks under the Banking Act; |
| 4. | Other amounts secured by bonds issued by local governments, or other amounts determined by the Financial Services Commission as having no risk in the collection of claims. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 9-2 (Grounds for Exceeding Limits on Credit Granting) |
| (1) | Mutual savings banks may offer credit granting to individual borrowers or identical borrowers, in excess of the limits set forth in Article 12 (1) through (3) of the Act, due to grounds under Article 12 (4) 1 in the following cases: |
| 1. | Where they offer additional credit granting to a company, for which rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act are in progress, or a company which jointly promotes management normalization with financial institutions for corporate restructuring; |
| 2. | Where they offer additional credit granting in accordance with acquisition contracts to a person who has taken over a company falling under subparagraph 1; |
| 3. | Cases deemed inevitable by the Financial Services Commission for industrial development or the stabilization of the livelihood of citizens, including the promotion of infrastructure projects. |
| 1. | Where the equity capital of mutual savings banks is reduced; |
| 2. | Deleted; <Nov. 1, 2011> |
| 3. | Where there is a change in the composition of individual borrowers or identical borrowers and the amounts of credit granting due to a merger or business transfer between companies, to which banks have granted credit; |
| 4. | Cases where the Financial Services Commission recognizes that credit granting offered by the mutual savings bank exceeds limits due to unavoidable grounds, such as sudden changes in the economic condition with no causes attributable to such mutual savings banks. |
| 2. | Waterworks projects for industrial purposes; |
| 3. | Railway projects (including urban railway projects); |
| 4. | Public transportation projects; |
| 8. | Cleaning and sanitation projects; |
| 10. | Medical service projects; |
| 11. | Interment or graveyard projects; |
| 12. | Parking lot projects; |
| 13. | Land development projects; |
| 16. | Other public projects determined by the Financial Services Commission as especially necessary for regional development, which are equivalent to those referred to in subparagraphs 1 through 15. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 9-3 (Grounds for Extending Period of Time Allowable for Credit Granting Being in Excess of Limit) |
In any of the following cases, mutual savings banks may extend a period under Article 12 (5) after obtaining approval from the Financial Services Commission under Article 12 (6) of the Act: | 1. | Where it is hard to collect within the period of time because the maturity of the credit granting already offered has not yet become due; |
| 2. | Where grounds under Article 9-2 (2) 1 of the Act last for a long time and the management stability of a person, to whom the credit granting has been offered, is likely to be severely undermined if the mutual savings bank collects the credit granting; |
| 3. | Where any ground similar to those under subparagraphs 1 and 2 exists and the Financial Services Commission concludes that the soundness in assets of the mutual savings bank is not likely to be severely hurt even when the credit granting remains in excess of the limits for a certain period of time. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 9-4 (Limit on Acquisition of Stocks Issued by Large Shareholders) |
| (1) | "Amount prescribed by Presidential Decree" in the former part of Article 12-2 (1) and (2) of the Act means the smaller of an amount equivalent to 10/10,000 of the equity capital of a mutual savings bank, as the amount for a single transaction determined and publicly notified by the Financial Services Commission (in cases falling under Article 12-2 (1) of the Act, the amount acquired from the securities market or the Alternative Trading System under the Financial Investment Services and Capital Markets Act or a foreign market similar to those markets shall be excluded herefrom), and one billion won. <Amended on Feb. 29, 2008; Jul. 29, 2008; Aug. 27, 2013> |
| 1. | The size of stocks acquired among those issued by large shareholders as of the end of each quarter; |
| 2. | The increased or decreased amount of stocks held during each quarter; |
| 3. | The value of stocks acquired during each quarter; |
| 4. | Other matters determined and publicly notified by the Financial Services Commission. |
| (3) | Each mutual savings bank shall disclose the matters referred to in the subparagraphs of paragraph (2) to the public within one month after the end of each quarter. |
[This Article Newly Inserted on Jan. 18, 2008]
| Article 9-5 (Scope of Undue Influence Exercised by Large Shareholders) |
| 1. | Demanding a mutual savings bank to commit an illegal act; |
| 2. | Demanding to engage in a transaction with a large shareholder himself or herself or a third party under terms and conditions different from ordinary terms and conditions in relation to interest rate, fees, security, or such. |
[This Article Newly Inserted on Jan. 18, 2008]
| Article 10 (Composition of Credit Screening Committees and Supervisory Departments) |
| (1) | "Mutual savings banks that meet the criteria prescribed by Presidential Decree” in Article 13 (1) of the Act means mutual savings banks whose average gross amount of assets on the statement of financial position is at least 300 billion won for the last three business years. <Amended on Jul. 27, 2021> |
| (2) | The credit screening committee referred to in Article 13 (1) of the Act (hereafter in this Article referred to as “credit screening committee”) shall be comprised of three to five members, including at least one person who has been engaged in credit-related business for at least five years. |
| (3) | Any decision of a meeting of the credit screening committee shall require at least 2/3 of its enrolled members to be present and the concurring vote of at least 2/3 of the members present. <Amended on Apr. 8, 2016> |
| (4) | The composition of a department in charge of supervision under Article 13 (1) of the Act shall include at least one person who has been engaged in credit-related business for at least five years, and the department shall be operated independently from departments responsible for directly managing or screening credit. |
| (5) | Details concerning the composition and operation of the credit screening committee and supervisory department prescribed in paragraphs (2) through (4) shall be determined and publicly notified by the Financial Services Commission. |
[This Article Newly Inserted on Feb. 11, 2014]
| Article 10-2 Deleted. <Mar. 23, 2021> |
| Article 10-3 (Request for Reduction of Interest Rate) |
| (1) | Where a person who enters into a contract for credit granting with a mutual savings bank falls under any of the following pursuant to Article 14-2 (1) of the Act, he or she may request the mutual savings bank to reduce the interest rate: <Amended on Aug. 4, 2020> |
| 1. | Where an individual enters into a contract for credit granting: Where his or her credit standing is deemed improved, such as his or her employment, promotion, increase in his or her assets, or upgrade of his or her credit bureau score; |
| 2. | Where a person who is not an individual (including a self-employed person) enters into a contract for credit granting: Where his or her credit standing is deemed improved, such as improvement in his or her financial standing or upgrade of his or her credit bureau score. |
| (2) | Where a mutual savings bank that receives a request to reduce the interest rate pursuant to paragraph (1) decides whether to accept the relevant request, it may take into account matters determined and publicly notified by the Financial Services Commission, such as whether improvement in credit standing has an effect on the calculation of the interest rate. |
| (3) | A mutual savings bank shall notify a person who makes a request to reduce the interest rate whether it accepts the relevant request, and of grounds for its decision within 10 business days (the period from the date it requests the person who makes the request to reduce the interest rate to supplement data to the date he or she submits data) from the date it receives request to reduce the interest rate under paragraph (1) by telephone, in writing, through text messages, by e-mail, fax or through other methods similar thereto. |
| (4) | In addition to matters provided for in paragraphs (1) through (3), necessary matters concerning requirements, procedures, etc. for requesting to reduce the interest rate shall be determined and publicly notified by the Financial Services Commission. |
[This Article Newly Inserted on Jun. 11, 2019]
| Article 11 (Retention of Assets for Reserve) |
| (1) | The Financial Services Commission may determine the following matters pursuant to Article 15 of the Act: |
| 1. | Reserve ratio (which means the ratio of assets for reserve to the total amounts of installment savings, deposits, and installment received by a mutual savings bank); |
| 2. | The ratio of cash, savings, deposits, and securities retained as assets for reserve within the scope of the reserve ratio under subparagraph 1 and the methods of retention. |
| 1. | Government bonds under the Government Bond Act and local government bonds under the Local Finance Act; |
| 3. | Monetary stabilization bonds issued by the Bank of Korea under the Bank of Korea Act; |
| 5. | Securities determined by the Financial Services Commission, which correspond to those falling under subparagraphs 1 through 4. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 11-2 (Prohibited Activities) |
| (1) | "Provision of guarantee for an obligation or offering any security prescribed by Presidential Decree" in Article 18-2 (1) 3 of the Act means any of the following: <Amended on Feb. 11, 2014> |
| 1. | Guarantee provided for a depositor after creating a security interest within the amount of his or her deposits, etc.; |
| 2. | Guarantee or security provided for another mutual savings bank when the other mutual savings bank receives a loan from the Federation, the Korea Deposit Insurance Corporation, or a financial institution. |
| (2) | “Persons prescribed by Presidential Decree” in Article 18-2 (1) 8 and (2) 2 of the Act means those who jointly perform a project in a same project site for real estate development and supply. In such cases, the detailed scale of a project site shall be determined and publicly notified by the Financial Services Commission. <Newly Inserted on Feb. 11, 2014> |
| (3) | “Credit granting prescribed by Presidential Decree” in Article 18-2 (1) 8 or (2) 2 of the Act means the credit granting provided with a future cash flow to be generated from a relevant real estate development and supply project as the main financial resources for the repayment of the principal and interest of a loan, by evaluating the business value of the relevant real estate development and supply. <Newly Inserted on Feb. 11, 2014> |
| (4) | “Limits prescribed by Presidential Decree within 25/100 of its equity capital” in Article 18-2 (1) 8 of the Act means 25/100 of the equity capital. <Newly Inserted on Feb. 11, 2014> |
| (5) | “Requirements prescribed by Presidential Decree, including financial soundness” in the proviso of Article 18-2 (1) 9 of the Act means the following requirements: <Newly Inserted on Feb. 11, 2014; Jun. 28, 2016; Dec. 31, 2019> |
| 1. | The ratio of equity capital to risk-weighted assets, etc. provided for in Article 11-7 (1) 1 shall be at least the ratio determined and publicly notified by the Financial Services Commission; |
| (6) | “Large shareholders prescribed by Presidential Decree” in Article 18-2 (1) 10 of the Act means the largest shareholder and major shareholders. <Newly Inserted on Feb. 11, 2014> |
| (7) | “Limits prescribed by Presidential Decree within 25/100 of its equity capital according to consolidated financial statements” in Article 18-2 (2) 2 of the Act means 25/100 of the equity capital based on consolidated financial statements. <Newly Inserted on Feb. 11, 2014> |
| (8) | “Reasons prescribed by Presidential Decree, including a change in its equity capital” in the main clause of Article 18-2 (3) of the Act means any of the following reasons: <Newly Inserted on Feb. 11, 2014; Jul. 27, 2021> |
| 1. | Reduction in equity capital; |
| 2. | Transfer of a contract, transfer of business or stocks, or merger with other financial institutions; |
| 3. | Transfer of business or stocks, or merger between companies which have issued securities owned by a mutual savings bank or same-affiliated mutual savings bank; |
| 5. | Other reasons equivalent to those under subparagraphs 1 through 4, where the Financial Services Commission recognizes that the limits provided for in Article 18-2 (1) or (2) of the Act are exceeded without causes attributable to a mutual savings bank or same-affiliated mutual savings bank. |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Feb. 11, 2014]
| Article 11-3 (Amendment of Terms and Conditions) |
| 1. | Where terms and conditions related to financial transaction (hereinafter referred to as "terms and conditions") are enacted and contain any content, method, form, etc. that are differentiated from those of existing financial services; |
| 2. | Where an amendment of terms and conditions is made with the aim of reducing the rights of finance users or expanding their obligations, falling under any of the following: |
| (a) | Where the amended terms and conditions are applied to existing users who are subject to the previous terms and conditions; |
| (b) | Where the details, methods, shapes, etc. of existing financial services are included; |
| (c) | Other cases prescribed and publicly notified by the Financial Services Commission to protect finance users. |
| (2) | Notwithstanding paragraph (1), none of the following cases shall be subject to a prior reporting under the proviso of Article 18-3 (1) of the Act: <Amended on Jul. 27, 2021> |
| 1. | Where enacting or amending the terms and conditions as same or similar as the terms and conditions reported pursuant to Article 18-3 (1); |
| 2. | Where enacting or amending the terms and conditions in accordance with the enactment or amendment of the standard terms and conditions pursuant to Article 18-3 (3) of the Act; |
| 4. | Where enacting or amending the terms and conditions in accordance with the enactment or amendment of statutes and regulations; |
| 5. | Other cases prescribed and publicly notified by the Financial Services Commission where it is deemed that they are not likely to significantly affect the rights or duties of finance users. |
[This Article Newly Inserted on Dec. 31, 2019]
[Previous Article 11-3 moved to Article 11-4 <Dec. 31, 2019>]
| Article 11-4 (Criteria for Management of Collective Investment Assets) |
| 1. | A mutual savings bank shall not unduly promise the protection of principal or fixed profit, or extend credit, to other investors, etc.; |
| (b) | Matters concerning the evaluation of asset management performance of a financial investment business entity; |
| (c) | Matters concerning the monitoring of the adequacy of asset management by a financial investment business entity; |
| (d) | Matters concerning the establishment of a comprehensive management system of assets; |
| (e) | Other matters necessary for the sound asset management by a mutual savings bank. |
| 2. | Where at least 50/100 of the earnings of a private placement collective investment scheme (referring to a private placement collective investment scheme provided for in Article 9 (19) of the Financial Investment Services and Capital Markets Act; hereafter in subparagraph 3 the same shall apply) is distributed to a mutual savings bank or its specially related person in accordance with the collective investment agreement referred to in Article 9 (22) of that Act; |
| 3. | Where, in accordance with the articles of incorporation, etc., of a firm in which a mutual savings bank invests through a private placement collective investment scheme (referring to a special purpose company prescribed in subparagraph 5 of Article 2 of the Asset-Backed Securitization Act and a company prescribed in Article 170 of the Commercial Act), at least 50/100 of the earnings of the firm is distributed to a mutual savings bank or its specially related person; |
| 4. | Other cases equivalent to those in subparagraphs 1 through 3, where the Financial Services Commission recognizes that a mutual savings bank actually manages assets through a specially related person, etc. |
| 2. | Prohibition against granting credit to, making a deposit in, or making a provisional payment, to a large shareholder, etc. as prescribed in Article 37 of the Act; |
| 3. | Matters to be observed in performing duties under subparagraphs 2, 4, 8, and 9 of Article 8-2. |
| (4) | The scope and size of assets considered to be owned by a mutual savings bank or same-affiliated mutual savings bank under Article 18-4 (2) of the Act shall be an amount calculated by multiplying the credit granting referred to in paragraph (2) of that Article which is owned by a private placement collective investment scheme operated in accordance with each subparagraph of paragraph (1) of that Article by the percentage of investment of a relevant mutual savings bank or same-affiliated mutual savings bank. |
| (5) | Detailed matters necessary for the evaluation of the scope and size of the assets prescribed in paragraph (4) shall be determined and publicly notified by the Financial Services Commission. |
[This Article Newly Inserted on Feb. 11, 2014]
[Moved from Article 11-3; Previous Article 11-4 moved to Article 11-5 <Dec. 31, 2019>]
| Article 11-5 Deleted. <Mar. 23, 2021> |
| Article 11-6 (Measures to Protect Customer Service Employees) |
| 1. | Where verbal abuse, sexual harassment, assault, etc. (hereinafter referred to as “verbal abuse, etc.”) committed by a customer are deemed to violate criminal punishment provisions of the related statutes and the relevant employee who was harmed by such acts requests: File a criminal charge to a competent investigative agency, etc.; |
| 2. | Where verbal abuse, etc. committed by a customer do not violate criminal punishment provisions of the related statutes but it is deemed necessary considering the degree of damages to the employee affected by such acts and the possibility of future damage to such and other employees: Request a competent investigative agency, etc. to take necessary measures; |
| 3. | Provide administrative and procedural support necessary for the harmed employee to take a measure, such as complaint, accusation, or claim for damages, directly to a competent investigative agency, etc. against a customer who has committed verbal abuse, etc.; |
| 4. | Carry out education on instructions for action by employees to prevent or respond to verbal abuse, etc. committed by customers; |
| 5. | Other measures necessary to protect employees from verbal abuse, etc. committed by customers, which is determined and publicly notified by the Financial Services Commission. |
[This Article Newly Inserted on Jun. 28, 2016]
[Moved from Article 11-5; previous Article 11-6 moved to Article 11-7 <Dec. 31, 2019>]
| Article 11-7 (Standards for Soundness of Management) |
| (1) | Standards for financial soundness to be determined by the Financial Services Commission pursuant to Article 22-2 (1) 1 of the Act shall include the following matters: <Amended on Oct. 15, 2019> |
| 1. | The ratio of equity capital to risk-weighted assets in accordance with standards of the Bank for International Settlements; |
| 2. | The ratio of reserve for bad debts to amounts of reserve required to be accumulated; |
| 3. | The ratio of retirement benefits appropriation fund to estimated amounts of retirement benefits; |
| 4. | The ratio of loans to deposits, etc. |
| (2) | Standards for the classification of asset soundness to be determined by the Financial Services Commission pursuant to Article 22-2 (1) 2 of the Act shall include the following matters: |
| 1. | Scope of assets subject to classification; |
| 2. | Classification levels for asset soundness and standards therefor. |
| (3) | Standards for accounting and the settlement of accounts to be determined by the Financial Services Commission pursuant to Article 22-2 (1) 3 of the Act shall include the following matters: |
| 1. | Standards for accounting; |
| 2. | Standards for settlement of accounts; |
| 3. | Standards for the accumulation of reserve for bad debts and depreciation. |
| (4) | The standards for risk management determined by the Financial Services Commission pursuant to Article 22-2 (1) 4 of the Act shall include each of the following matters: <Newly Inserted on Oct. 17, 2017> |
| 1. | Standards for conducting credit screening, post-management of credit, etc.; |
| 2. | Countermeasures for managing and preventing financial accidents and for preventing recurrence of financial accidents of the past. |
| (5) | Standards for liquidity determined by the Financial Services Commission under Article 22-2 (1) 5 of the Act shall include the following matters: |
| 1. | Scope of current liabilities and current assets; |
| 2. | The holding ratio of current assets to current liabilities. |
| (6) | When the Financial Services Commission determines standards for management soundness under paragraphs (1) through (5), it shall notify the Federation, the Korea Deposit Insurance Corporation, and mutual savings banks of such standards without delay. |
| (7) | The Financial Services Commission may allow the Governor of the Financial Supervisory Service to determine detailed requirements for standards provided for in paragraphs (1) through (5). <Newly Inserted on Nov. 1, 2011> |
[This Article Wholly Amended on Sep. 20, 2010]
| Articles 12 Deleted. <Jul. 28, 2016> |
| Articles 12-2 Deleted. <Jul. 28, 2016> |
| Article 12-3 (Restriction on Transactions with Large Shareholders) |
“Case prescribed by Presidential Decree" in the main clause of Article 22-4 (2) of the Act, with the exception of the subparagraphs, of the Act means where a large shareholder falls under any of the following: <Amended on Aug. 27, 2013> | 1. | Where the liabilities of a large shareholder (applicable only where the large shareholder is a company, and including specially related persons of the company; hereafter in this paragraph the same shall apply) exceeds its assets; |
| 2. | Where the financial institution that has granted the largest amount of credit to a large shareholder (excluding where the large shareholder of a financial institution which has granted credit is the large shareholder of the relevant mutual savings bank) is classified as one that falls short of standards determined by the Financial Services Commission, as a result of evaluating the credit risks of the large shareholder in accordance with the standards for classification of asset soundness determined by the Financial Services Commission under Article 22-2 (1) 2 of the Act; |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 13 (Public Disclosure of Business Management) |
| 1. | Matters concerning the organization and human resources; |
| 2. | Matters concerning the financial status, profit, and loss; |
| 3. | Matters concerning the procurement and management of funds; |
| 4. | Deleted; <Jul. 28, 2016> |
| 6. | Other matters determined by the Financial Services Commission that deems necessary for the protection of customers and the maintenance of financial order. |
| (2) | The Financial Services Commission may prescribe detailed guidelines concerning matters subject to the public disclosure under paragraph (1) 1 through 5. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 14 (Reporting of Illegal Acts) |
| (1) | When a person intends to report an illegal act to, or provide information on an illegal act to the Financial Services Commission or the Governor of the Financial Supervisory Service under Article 23-3 (1) of the Act, he or she shall observe the following standards: |
| 1. | Reports or information shall be related to the illegal act of a specific person; |
| 2. | He or she shall present the violator, the date and place of the violation, and the fact of violation along with evidence; |
| 3. | The identity of a person who intends to report or provide information (hereafter in this Article referred to as "reporter, etc.") shall be disclosed. |
| (2) | The Financial Services Commission or the Governor of the Financial Supervisory Service may ask reporters, etc. about their personal information, the details and purposes of making reports or providing information, or other matters necessary for identifying reports or information. |
| (3) | The Financial Services Commission or the Governor of the Financial Supervisory Service may request reporters, etc. to submit data to the extent necessary for verifying the truth of reports or information. |
| (4) | The Financial Services Commission or the Governor of the Financial Supervisory Service shall handle reports or information within 90 days after receipt of such reports or information. In such cases, it may extend the period by up to 30 days, when it is deemed necessary for the submission of data or listening to opinions, etc. |
| (5) | The Financial Services Commission or the Governor of the Financial Supervisory Service shall notify reporters, etc. of the outcomes of handling reports or information in writing: Provided, That it may notify reporters, etc. of such outcomes orally or via the information communications network in cases determined and publicly notified by the Financial Services Commission. In such cases, it shall give documents on the outcomes of handling reports or information without delay, when reporters, etc. make a request to do so. |
| (6) | When reporters, etc. receive unfavorable treatment by institutions, to which they belong, with regard to reports or information, they may request the Financial Services Commission or the Governor of the Financial Supervisory Service to take necessary measures, such as reinstatement. |
| (7) | The Financial Services Commission or the Governor of the Financial Supervisory Service may request the heads of institutions, to which reporters, etc. belong, to take appropriate measures, such as reinstatement, when requests from reporters, etc. under paragraph (6) are deemed to be reasonable: Provided, That where institutions, to which reporters, etc. belong, are not financial institutions, it may recommend the heads of institutions, to which reporters, etc. belong, or the heads of related institutions to take appropriate measures. |
| (8) | The Financial Services Commission or the Governor of the Financial Supervisory Service may pay rewards to reporters, etc. within the budget, in accordance with standards determined and publicly notified by the Financial Services Commission within 300 million won, when reports or information it has received are deemed to be helpful in detecting major illegal acts of mutual savings banks or taking measures following such detection. <Amended on Jun. 21, 2013> |
| (9) | Except as otherwise provided in paragraphs (1) through (8), matters necessary in relation to the methods of providing or accepting reports or information on illegal acts, procedures for handling such reports or information, and the payment of rewards shall be determined and publicly notified by the Financial Services Commission. |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 14-2 (Administrative Dispositions) |
[This Article Newly Inserted on Nov. 1, 2011]
| Article 15 (Requirements for Business Guidance) |
| (1) | "Credit granted to an individual borrower in excess of the limit, credit illegally granted in a large amount, or credit granted to a large shareholder, as prescribed by Presidential Decree" in Article 24-2 (1) 1 of the Act means credit granted in any of the following manners: |
| 1. | The portion of credit granted in excess, where the aggregate of credit granted in excess of the limit for each individual borrower under subparagraph 8 (a) of Article 2 of the Act (hereinafter referred to as "credit granted in excess of the limit for each individual borrower") exceeds 100/100 of the equity capital; |
| 2. | The exceeding portion of credit granted in excess, where the aggregate of credit illegally granted in a large amount under subparagraph 8 (c) of Article 2 of the Act (hereinafter referred to as "large credit illegally granted") exceeds 200/100 of the equity capital; |
| 3. | The exceeding portion of credit granted in excess, where the aggregate of credit granted to a large shareholder under subparagraph 8 (d) of Article 2 of the Act (hereinafter referred to as “large shareholder”) exceeds 10/100 of the equity capital. |
| 1. | Demanding a censure (limited to dismissal or suspension from office); |
| 2. | Recommending removal or demanding suspension of performance of duties. |
| (3) | “Cases prescribed by Presidential Decree” in Article 24-2 (1) 5 of the Act means any of the following cases: <Newly Inserted on Feb. 11, 2014> |
| 2. | Where a mutual savings bank is feared to infringe on depositors’ rights and interests and disrupt order in credit as it is unable to pay debts, such as deposits, or repay its borrowings due to its abruptly destabilized financial standing; |
| 3. | Where the normal management of a mutual savings bank is likely to be impracticable as its liabilities exceed its assets due to the occurrence of any major financial accident or accrual of non-performing loans. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 15-2 (Requirements for Cessation of Business Guidance) |
| (1) | The business guidance under Article 24-2 of the Act (hereinafter referred to as "business guidance") may be terminated in any of the following cases: <Amended on Feb. 11, 2014> |
| 1. | Where the aggregate of credit granted in excess of the limit for each individual borrower is reduced to not more than 100/100 of the equity capital; |
| 2. | Where the aggregate of large credit illegally granted is reduced to not more than 200/100 of the equity capital; |
| 3. | Where the credit granted to large shareholders is fully recovered; |
| 4. | Where the corrective measures taken for business guidance pursuant to Article 24-2 (1) 2 or 3 of the Act is completed or it is concluded unnecessary to continue business guidance any longer; |
| 5. | Where it is concluded that the cause of business guidance has been eliminated by timely corrective measures pursuant to Article 24-2 (1) 4 of the Act or where an administrator is appointed pursuant to an order to improve business management; |
| 6. | Where it is recognized that the reasons for business guidance prescribed in each subparagraph of Article 15 (3) have been resolved. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 15-3 (Methods of Business Guidance) |
| (1) | In principle, business guidance shall be provided by dispatching an employee of the Financial Supervisory Service or the Korea Deposit Insurance Corporation (or a person who is not an employee of the Financial Supervisory Service or Korea Deposit Insurance Corporation, but whom the Governor of the Financial Supervisory Service recognizes and recommends as competent in business guidance; hereinafter referred to as "business management instructor") to remain in the head office or a branch office of a mutual savings bank (hereinafter referred to as "on-site guidance"): Provided, That business guidance may also be provided in writing, where the control of the mutual savings bank subject to business guidance has been transferred to another person or if the likelihood of illegal or poor business management is low because illegal or non-performing loans have been secured by collateral, or other measures have been taken for securing claims. <Amended on Feb. 11, 2014> |
| (2) | On-site guidance shall be provided in such a way that a business management instructor inspects and examines documents relating to business affairs of the relevant mutual savings bank or keeps records of the matters concerning which such guidance has been provided. |
| (3) | Guidance in writing may be provided in such a way that a business management instructor requires the relevant mutual savings bank to submit reports, but visits the bank in person, if necessary to ensure that the bank performs as guided. |
| (4) | Matters concerning business guidance, including the appointment, dispatch, and visits of business management instructors and reporting on matters subject to business management shall be prescribed in further detail by the Financial Services Commission. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 15-4 (Term of Business Guidance) |
| (1) | The term of business guidance shall be six months. |
| (2) | The Financial Services Commission may extend the term of business guidance by three months, if a mutual savings bank fails to meet the requirements for cessation of business guidance under Article 15-2 within the term under paragraph (1). |
| (3) | The Financial Services Commission shall, when it intends to extend the term of business guidance pursuant to paragraph (2), notify the mutual savings bank concerned of the fact by no later than three days before the expiration of the term of business guidance, clearly stating the reason therefor. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 15-5 (Notice of Business Guidance) |
The Financial Services Commission shall, when it intends to provide a mutual savings bank with business guidance, notify the bank, in writing, of the reasons for and term of the business guidance and a list of business management instructors.
[This Article Wholly Amended on Sep. 20, 2010]
| Article 16 (Detailed Requirements for Business Management) |
| (1) | Detailed requirements for business management under Article 24-3 (2) of the Act shall be cases falling under any of the following subparagraphs: |
| 1. | Where a mutual savings bank has illegally granted credit or non-performing credit falling under any of the following items but has failed to take measures for the preservation of claims, such as securing of collateral appropriate for such credit: |
| (a) | Where the amounts of non-performing credit as defined in subparagraph 8 (e) of Article 2 of the Act out of the aggregate of credit granted in excess of the limit for each individual borrower exceed 100/100 of the equity capital; |
| (b) | Where the amounts of non-performing credit as defined in subparagraph 8 (e) of Article 2 of the Act out of the aggregate of large credit illegally granted exceed 100/100 of the equity capital; |
| (c) | Where the aggregate of credit granted to a large shareholder exceeds 100/100 of the equity capital; |
| (d) | Where the aggregate of illegally granted credit or non-performing credit under items (a) through (c) exceeds 100/100 of the equity capital. |
| 2. | Where a mutual savings bank, which has been subject to the business guidance continuously for at least six months or three times or more during the recent five years, has credit granted in excess of the limit for each individual borrower, large credit illegally granted, or credit granted to a large shareholder, but fails to secure collateral appropriate for such credit or to take any measure for the preservation of claims; |
| 3. | Where a mutual savings bank has failed to perform its obligations within three months, in compliance with a supervisory order under Article 22 (2) of the Act or a demand for censure (which shall be limited to dismissal or suspension from service) against an executive officer or suspension of performance of duties of an executive officer, or a recommendation of removal of an executive under Article 24 (1) 1 or 3 of the Act; |
| 4. | Where a mutual savings bank that has been subject to the disposition under Article 24 (1) 5 of the Act does not perform its obligations or does not observe a fixed period; |
| 5. | Where business management is deemed necessary for the protection of public interests or depositors, falling under any of the following items, because a bank run or credit granting to a large shareholder is likely to occur again: |
| (a) | Where the aggregate of credit granted to a large shareholder for the recent two years exceeds 200/100 of the equity capital; |
| (b) | Where the relevant mutual savings bank or any of its executive officers and employees have been sentenced to a fine or heavier punishment on three or more occasions or have been subjected to the disposition of a warning (limited to a warning to the censured institution) or a censure (which shall be limited to recommendation for dismissal of an executive officer or demand for dismissal of an employee) from the Financial Services Commission during the recent three years on account of credit granting to a large shareholder. |
| (2) | When a mutual savings bank becomes subject to business management, it shall make public announcement of the fact at the customer lounge of its head office and branch offices under Article 24-3 (5) of the Act (including cases applied mutatis mutandis in Article 24-8 (4) of the Act), without delay, and shall make public announcement in a daily newspaper circulated in the area where the head office of the bank is located within one business day. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 17 (Liabilities Subject to Exclusion from Payment Suspension) |
| (1) | "Cases prescribed by Presidential Decree, such as taxes and the public utilities' charge" in Article 24-4 (1) of the Act means any of the following cases: <Amended on Jul. 24, 2012> |
| 1. | Taxes and the public utilities' charges or rental charges; |
| 3. | Funds for the settlement of domestic exchanges; |
| 4. | Funds temporarily deposited for the performance of duties of the State, public organizations, the Federation, or financial institutions by proxy; |
| 5. | Other liabilities deemed necessary by the Financial Services Commission for the maintenance or management of mutual savings banks. |
| (2) | "Grounds prescribed by Presidential Decree, such as cases where management normalization is possible" in Article 24-4 (2) of the Act means any of the following cases: |
| 1. | Cases where claims for illegally granted credit or non-performing credit have been substantially secured, and it is deemed that all liabilities owed by the mutual savings bank may be fully repaid with its assets; |
| 2. | Cases where it is deemed that all liabilities owed by the mutual savings bank may be repaid with its assets as the result of evaluating assets and liabilities; |
| 3. | Cases where it is deemed that liabilities owed by the mutual savings bank may not be fully repaid with its assets as the result of inspecting assets, but there exists a person designated to take over its contracts. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 18 (Standards for Requesting Contract Transfer) |
| 1. | Cases where it is not necessary for the Korea Deposit Insurance Corporation to support the mutual savings bank, to which a contract is transferred, or it is deemed that the burden that the Korea Deposit Insurance Corporation shall bear by supporting the mutual savings bank does not outweigh the burden that shall be borne if the bank becomes bankrupt; |
| 2. | Cases where it is deemed more profitable for the protection of depositors for the Korea Deposit Insurance Corporation or settling financial companies under Article 36-3 of the Depositor Protection Act (hereinafter referred to as “settling financial companies”) to take over a mutual savings bank or a contract is transferred to such institutions, etc. than a mutual savings bank goes bankrupt; |
| 3. | Cases where the heads of the local governments or another mutual savings bank in the relevant area proposes to acquire the mutual savings bank because it is deemed that the bankruptcy of the bank will seriously undermine the stability of the local economy, if the relevant mutual savings bank goes bankrupt. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 18-2 (Criteria and Procedure for Designation of Person Eligible for Novation Contracts) |
| (1) | The Financial Services Commission shall, when it intends to designate a person who shall novate contracts pursuant to Article 24-8 (2) of the Act, make an advance decision on the following matters and shall hold a public presentation about such matters: Provided, That the Korea Deposit Insurance Corporation or a settling financial company may be designated as the person who shall novate contracts without holding a public presentation, if it is anticipated that no one who is willing to take over contracts of a mutual savings bank because the losses estimated as a result of an actual inspection of assets exceeds 50/100 of its assets or it is considered difficult for a mutual savings bank to normalize its business within a short period of time even after its contracts are transferred to a third party: <Amended on Mar. 11, 2016> |
| 1. | The amount that the person who shall novate contracts shall invest in or provide as financial aid to the mutual savings bank as a result of an actual inspection of assets of the mutual savings bank that shall transfer the contracts; |
| 2. | Terms and conditions of the financial aid provided by the Korea Deposit Insurance Corporation in the transfer of contracts; |
| 3. | Conditions of designation of the person who shall novate the contracts; |
| 4. | Other matters necessary for the designation of a person who shall novate contracts. |
| (2) | When the Financial Services Commission intends to hold a public presentation under paragraph (1), it shall make public announcement thereof in a daily newspaper in advance, and shall also inform the public of such fact via the information communications network, etc. |
| (3) | Any person who desires to novate contracts from a mutual savings bank shall submit to the Financial Services Commission a document that states the amount that he or she intends to invest or provide as financial aid to the bank (hereinafter referred to as "application for acquisition") by no later than the date designated by the Financial Services Commission. |
| (4) | The Financial Services Commission shall, upon receiving applications for acquisition designate a person who has proposed terms and conditions better than the criteria for designation under the subparagraphs of paragraph (1) to the person who shall take over contracts among those who meet the following requirements: Provided, That the Commission may designate the Korea Deposit Insurance Corporation or a settling financial company concerned as the person who shall novate the contracts, if no one who is willing to novate the contracts in accordance with the criteria for the designation under the subparagraphs of paragraph (1): <Amended on Mar. 11, 2016> |
| 1. | The person shall have adequate credit in the aspects of its large shareholder's capability to raise funds, the amount of taxes paid, and the records of banking transactions; |
| 2. | The person shall have the capability of specialized management required for business normalization of the mutual savings bank; |
| 3. | Where an existing mutual savings bank is willing to novate contracts, its assets and the current status of its business management shall meet the standards for soundness determined by the Financial Services Commission. |
| (5) | A person designated as the person who shall take over contracts pursuant to paragraph (4) shall take measures necessary for the contracts forthwith, including an actual inspection of assets of the mutual savings bank that shall transfer the contract and the establishment of a new mutual savings bank. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 18-3 (Application for Approval on Transfer of Contracts) |
A mutual savings bank shall, when it intends to obtain approval on the transfer of contracts under Article 24-9 (3) of the Act, file an application for transfer with the Financial Services Commission along with the following documents attached thereto: | 1. | A copy of the agreement on the transfer of contracts; |
| 2. | Financial statements and supplemental documents of the parties to the agreement; |
| 3. | A list of contracts that shall be transferred between the parties; |
| 4. | Minutes of the general meetings of shareholders and other documents determined by the Financial Services Commission. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 19 (Public Announcement of Transfer of Contracts) |
| Article 16 (2) shall apply mutatis mutandis to the public announcement of transfer of contracts under Article 24-12 (2) of the Act. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 20 (Grounds for Requesting Nomination of Auditors) |
"Grounds prescribed by Presidential Decree" in Article 24-14 of the Act means any of the following cases: <Amended on Feb. 11, 2014; Dec. 9, 2014; Apr. 8, 2016; Jun. 28, 2016; Oct. 30, 2018; Dec. 31, 2019> | 1. | Where any executive officer has been subject to the recommendation for dismissal (including the cases where such executive officer received a demand for dismissal under subparagraph 4 of that paragraph as at the time he or she was an employee) under Article 24 (1) 3 of the Act due to illegal or non-performing credit granting for the recent three years; |
| 2. | Where a mutual savings bank is under business guidance under Article 24-2 of the Act or three years have not elapsed since the mutual savings bank received business guidance; |
| 3. | Where three years have not elapsed since a mutual savings bank underwent business management under Article 24-3 of the Act; |
| 4. | Where a contract has transferred to a mutual savings bank; |
| 7. | Where its largest shareholder is changed and it is deemed particularly necessary to maintain the financial soundness of the mutual savings bank; |
| 8. | Where an auditor (including the member of the audit committee, other than an outside director; hereafter in this subparagraph the same shall apply) is dismissed before his or her term of office expires: Provided, That cases in which the auditor is dismissed due to causes attributable to himself or herself shall be excluded; |
| 9. | Where the equity capital ratio under Article 11-7 (1) 1 is below the ratio determined and publicly notified by the Financial Services Commission within 8/100. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 20-2 (Scope of Shareholders) |
"Shareholders prescribed by Presidential Decree" in Article 24-15 (2) of the Act means large shareholders (including specially related persons with the largest shareholder). [This Article Newly Inserted on Jan. 18, 2008]
| Article 21 (Registration of Incorporation of Federation) |
| (1) | The Federation shall prepare the articles of incorporation and register the incorporation of the Federation in the location of the principal office within two weeks from the date on which it obtains authorization from the Financial Services Commission. |
| (2) | The registration of incorporation under paragraph (1) shall include the following matters: |
| 3. | Addresses of the principal office and branch offices; |
| 4. | Names and addresses of executive officers; |
| 5. | Methods of public announcement. |
| 6. | Other necessary matters. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 21-2 (General Meetings and Board of Directors of Federation) |
| (1) | The Federation shall have the general meetings comprised of the President and members of the Federation under Article 25 (6) of the Act and the general meetings shall be classified into regular general meetings and extraordinary general meetings. |
| (2) | Regular general meetings shall be convoked by the President of the Federation once each year after the date of settlement, and the extraordinary general meetings shall be convoked, as provided for in the articles of incorporation of the Federation. |
| (3) | Matters falling under any of the following subparagraphs shall be matters for resolution by the general meeting: |
| 1. | Revisions to the articles of incorporation; |
| 2. | Appointment of executive officers; |
| 3. | Matters concerning the qualification suspension of members; |
| 4. | Approval of written reports on final accounts and audit reports; |
| 5. | Matters concerning the handling of surpluses; |
| 6. | Matters concerning the allocation of dues; |
| 7. | Matters referred to the general meeting after undergoing the resolution of the board of directors or obtaining consent from not less than 1/5 of members; |
| 8. | Other matters deemed necessary by the President of the Federation. |
| (4) | The board of directors under Article 25 (6) of the Act shall be comprised of the President, senior executive director, and directors, and resolve on the following matters: |
| 1. | Matters concerning the finalization of business plans and the budget; |
| 2. | Matters concerning recommendation for correction, recommendation for improvement, the discipline of members, and dispute conciliation; |
| 3. | Large-scale investment and for-profit businesses; |
| 4. | Enactment and revision of operational manuals; |
| 5. | Enactment, amendment, or repeal of regulations on the performance of duties; |
| 6. | Acquisition, change, or disposal of major assets; |
| 7. | Matters concerning the borrowing or lending of funds; |
| 8. | Matters concerning the management of reserve deposits; |
| 9. | Determination of the interest rates of deposits and loans; |
| 10. | Matters concerning the organization of office and the remuneration of employees; |
| 11. | Acceptance of the resignation of executive officers; |
| 12. | Matters concerning the establishment of branch offices; |
| 13. | Other matters referred to the board of directors, which are deemed important by the chairperson of the board of directors. |
| (5) | Matters concerning the operation of the general meetings and the board of directors, other than those prescribed under paragraphs (1) through (4), shall be governed by the articles of incorporation of the Federation. |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 22 (Duties of Federation) |
| 1. | The following self-regulation duties for maintaining the sound and orderly conduct of business operations by mutual savings banks: |
| (a) | Standardization of the methods for accounting and operation of mutual savings banks and guidance therefor; |
| (b) | Analysis on the business management of mutual savings banks, and necessary guidance based thereon; |
| (d) | Other affairs necessary for the protection of the rights and interests of customers; |
| 2. | Training for executive officers and employees of mutual savings banks; |
| 3. | Projects for the common interests of mutual savings banks; |
| 4. | Other projects necessary for mutual savings banks. |
| 1. | Matters concerning the income and operation of deposits and the deposits for reserve; |
| 2. | Matters concerning loans and the purchase of bills; |
| 3. | Matters concerning the guarantee of payment; |
| 4. | Matters concerning the human resources and organization necessary for performing duties prescribed in paragraph (1) 1; |
| 5. | Other matters important for performing duties. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 23 (Articles of Incorporation of Federation) |
| 2. | Name and address of a principal office; |
| 3. | Matters concerning executive officers and employees; |
| 4. | Matters concerning the rights and obligations of members; |
| 5. | Matters concerning duties and the performance thereof; |
| 6. | Matters concerning dues; |
| 7. | Matters concerning the general meeting and the board of directors; |
| 8. | Matters concerning accounting; |
| 9. | Matters concerning the method of public announcement; |
| 10. | Other necessary matters. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 23-2 (Composition of Directors of Federation) |
| (1) | Executive officers under Article 25-4 (1) of the Act shall be elected by the general meeting, in accordance with the articles of incorporation of the Federation: Provided, That a senior executive director and an expert director under paragraph (2) 2 shall be elected by the general meeting at the recommendation of the president. <Amended on Feb. 11, 2014> |
| (2) | Directors of the Federation shall be comprised as classified in the following subparagraphs: <Amended on Feb. 11, 2014> |
| 1. | Member directors (referring to part-time directors elected from among the representatives of mutual savings banks): Not more than six persons; |
| 2. | Expert directors (referring to directors with specialized knowledge and experience in finance, other than the representatives of mutual savings banks): At least four persons. |
| (3) | Except as provided in paragraphs (1) and (2), matters concerning the composition of executive officers and selection methods thereof shall be governed by the articles of incorporation of the Federation. |
[This Article Newly Inserted on Sep. 20, 2010]
| Article 24 (Limitation on Borrowings) |
| (1) | Pursuant to Article 25-9 of the Act, the Federation may borrow loans from the following persons: <Amended on Nov. 1, 2011; Feb. 17, 2022> |
| 5. | Deleted; <Dec. 30, 2014> |
| 10. | The Korea Deposit Insurance Corporation; |
| 11. | The Korea Asset Management Corporation established pursuant to the Act on the Establishment of Korea Asset Management Corporation; |
| 12. | Other persons designated by the Financial Services Commission. |
| (2) | The maximum limit on loans that the Federation may borrow shall be 30/100 of the aggregate of deposits and installment deposits, etc. of mutual savings banks as of the borrowing date. |
| (3) | When the Federation intends to borrow funds, it shall submit documents stating the following matters to the Financial Services Commission and obtain approval from the Financial Services Commission: Provided, That if it has obtained approval of limits on borrowings from the Financial Services Commission, it may borrow from time to time within the approved limit: |
| 1. | Reasons of borrowings; |
| 2. | The amounts of borrowing or limits on borrowings; |
| 3. | Methods of repaying borrowings; |
| 4. | Other necessary matters. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 24-2 (Registration of Appointment of Agent) |
The Federation Chairperson shall, when he or she appoints his or her agent in accordance with Article 25-10 of the Act, complete the registration of the following details at the registry office having jurisdiction over the Federation's principal place of business. The foregoing shall also apply to a revision to any registered description: | 1. | Name and address of the agent; |
| 2. | Details of restriction on the agent's authority, if there is such restriction. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 25 (Vicarious Exercise of Authority) |
| (1) | When the Financial Services Commission requires the Governor of the Financial Supervisory Service to exercise its authority on its behalf pursuant to Article 34-2 (1) of the Act, it shall determine the extent of the authority that shall be exercised on its behalf and shall notify the Financial Supervisory Service, mutual savings banks, the Federation, and the Korea Deposit Insurance Corporation of such authority in writing. |
| (2) | When the Governor of the Financial Supervisory Service exercises authority on behalf of the Financial Services Commission pursuant to paragraph (1), the Financial Services Commission may order him or her to take necessary corrective measures, when such exercise of authority is deemed to undermine the protection of customers of the mutual savings bank and financial order. |
| (3) | When the Governor of the Financial Supervisory Service completes the exercise of authority under paragraph (1) on behalf of the Financial Services Commission, it shall report such fact to the Financial Services Commission without delay. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 26 (Entrustment of Authority) |
| (1) | The Financial Services Commission shall entrust the following affairs to the Governor of the Financial Supervisory Service under Article 35 (1) of the Act: <Amended on Nov. 1, 2011; Feb. 11, 2014; Dec. 9, 2014; Jul. 28, 2016; Oct. 17, 2017; Aug. 21, 2018; Dec. 31, 2019; Jul. 27, 2021> |
| 5-2. | Deleted; <Jul. 28, 2016> |
| 6-2. | Approval for the acquisition, etc. of shares (limited to cases where a large shareholder holds shares not more than 5/100 of the total number of issued shares with voting rights of the mutual savings bank on the grounds referred to in Article 7-4 (3) 1) under Article 10-6 (1) or (2) of the Act; |
| 7-2. | Confirmation of the compliance with an order to satisfy the requirements for the maintenance of eligibility for large shareholders and an order to dispose of shares under Article 10-6 (6) and (8) of the Act; |
| 13. | Notification of terms and conditions or standardized agreements under the former part of Article 18-3 (6) of the Act to the Fair Trade Commission; |
| 14. | Supervisory orders under Article 22 (2) of the Act (limited to a supervisory order for corrective measures, where such corrective measures are deemed necessary as a result of inspection under Article 23 of the Act or the analysis and evaluation of data); |
| 17-3. | Approval under Article 4 (3) of the Addenda to the partially amended Mutual Savings Banks Act (Act No. 12100) and the acceptance of a detailed plan prescribed in paragraph (4) of that Article; |
| 18. | Recognition of the equity capital of a mutual savings bank that has been promoting management normalization under Article 3 (2) 1; |
| 19. | Approval for contracts on the transfer or acquisition of real estate, which are to be concluded with large shareholders, etc. under subparagraph 7 of Article 8-2; |
| 20. | Deleted; <Jul. 28, 2016> |
| 21. | Deleted. <Jul. 28, 2016> |
| (2) | The Financial Services Commission shall entrust the following affairs to the Chairperson of the Federation under Article 35 (1) of the Act: <Amended on Jul. 27, 2021> |
| 1. | Acceptance of reports on revisions to the articles of incorporation, corrective orders related thereto and recommendation for supplementation under Article 10-2 (1) 1 and (2) of the Act; |
| 3. | Inspection of matters determined by the Financial Services Commission and requests for correction, from among the authority of the Financial Services Commission under Article 22 of the Act; |
| 4. | Determination of the proportion of assets for reserve under Article 11 (1) 2 and the methods of holding such assets. |
[This Article Wholly Amended on Sep. 20, 2010]
[Title Amended on Jul. 27, 2021]
| Article 26-2 (Management of Sensitive Information and Personally Identifiable Information) |
| (1) | To conduct the following affairs, the Financial Services Commission (or any person who is entrusted with the affairs of the Financial Services Commission pursuant to Article 38-7 (3) of the Act or Article 26 of this Decree) or the Governor of the Financial Supervisory Service may, in extenuating circumstances, manage information that corresponds to any criminal history record prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, and materials in which any resident registration number, passport number, or alien registration number is stated pursuant to subparagraph 1, 2, or 4 of Article 19 of that Decree: Provided, That information constituting a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act shall be excluded in cases of business affairs provided in subparagraphs 2, 5, and 10: <Amended on Feb. 11, 2014; Dec. 20, 2022> |
| 4. | Affairs relating to any supervision, measures subsequent thereto, etc. prescribed in Article 22 of the Act; |
| 6. | Affairs relating to any inspection, measures subsequent thereto, etc. prescribed in Article 23 of the Act; |
| 8. | Affairs relating to any business guidance, measures subsequent thereto, etc. prescribed in Article 24-2 of the Act; |
| 9. | Affairs relating to any business administration, measures subsequent thereto, etc. prescribed in Article 24-3 of the Act; |
| 11. | Affairs relating to any approval, etc. prescribed in subparagraph 7 of Article 8-2; |
| 12. | Deleted. <Jul. 28, 2016> |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 27 Deleted. <Jul. 28, 2016> |
| Article 28 Deleted. <Sep. 20, 2010> |
| Article 29 (Credit Granting to Large Shareholders) |
| (1) | "Deposits, etc. prescribed by Presidential Decree" in the proviso, with the exception of its subparagraphs, of the main clause of Article 37 (1) of the Act means any of the following subparagraphs: |
| 1. | Deposits in the Federation by a mutual savings bank if the Federation becomes the large shareholder of such mutual savings bank under Article 6-3 (4); |
| 2. | Amounts deposited by a mutual savings bank in accounts opened in a financial institution, which is a large shareholder of the relevant mutual savings bank, for the payment of principal and interests of loans, for which three business days have not elapsed since the date of deposit; |
| 3. | Margin money deposited by a mutual savings bank in a financial institution, which is a large shareholder of the relevant mutual savings bank, and amounts deposited in accounts for securities deposit, etc. for the transaction of securities. |
| (2) | "Credit granting prescribed by Presidential Decree" in the proviso, with the exception of its subparagraphs, of the main clause of Article 37 (1) of the Act means any of the following subparagraphs: |
| 2. | Credit granted to a large shareholder under Article 37 (1) 1 of the Act and specially related persons with him or her under Article 30 (2) 5 through 8 by taking their deposits in the relevant mutual savings bank as security; |
| 3. | Credit granted to employees of the mutual savings bank for their welfare, falling under the following items: Provided, That it shall not exceed the limit of 15/100 of the equity capital of the bank, and the aggregate of credit granted to an individual borrower under items (a) through (c) shall not exceed 50 million won: |
| (a) | Ordinary loan up to 20 million won; |
| (b) | Housing loan up to 50 million won; |
| (c) | Loan up to 50 million won for setting off damage sustained by the mutual savings bank due to acts of the relevant employee. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 30 (Scope of Large Shareholders) |
| (1) | "Shareholders prescribed by Presidential Decree" in Article 37 (1) 1 of the Act means shareholders who hold at least 2/100 of the total number of voting shares issued by a mutual savings bank. |
| (2) | "Relatives or a person in a special relationship prescribed by Presidential Decree" in Article 37 (1) 3 of the Act means any of the following persons: <Amended on Jun. 21, 2013> |
| 1. | A lineal ascendant, descendant, spouse of the large shareholder, the parent of the spouse of the large shareholder, a sibling of the large shareholder or the spouse of a sibling, or the spouse of a lineal descendant of the large shareholder, if the large shareholder under Article 37 (1) 1 of the Act is an individual; |
| (a) | An executive officer of the relevant corporation, a lineal ascendant, descendant or spouse of an executive officer, a parent of the spouse of an executive officer, and the spouse of a lineal ascendant or descendant of an executive officer; |
| (b) | A person who holds or has contributed at least 30/100 of the total number of shares issued or total amounts of investment in the relevant corporation, etc.; |
| 3. | A lineal ascendant, descendant or spouse of an executive officer (referring to the executive officer of a mutual savings bank; hereafter in this subparagraph the same shall apply), a parent of the spouse of an executive officer or the spouse of a lineal descendant of an executive officer; |
| 4. | The spouse of an employee of a mutual savings bank; |
| 5. | A corporation, for which at least 30/100 of shares or total amount of investment are held or have been contributed by a person who holds or has contributed at least 30/100 of the total number of shares issued (which shall be limited to voting shares; hereafter in this paragraph the same shall apply) or total amount of investment in a mutual savings bank, or a corporation, for which at least 30/100 of shares or total capital are held or have been invested by such corporation; |
| 6. | A corporation in which a person, who holds or has invested at least 30/100 of total number of shares or total amount of investment in a mutual savings bank, holds office as an executive officer; |
| 7. | A corporation that holds or has contributed at least 30/100 of the total number of shares or total amount of investment in a corporation falling under subparagraph 5 or 6; |
| 8. | A corporation, etc. the management of which is deemed substantially controlled by any of the following persons, which meets criteria prescribed by the Governor of the Financial Supervisory Service after obtaining approval from the Financial Services Commission: |
| (b) | An executive officer of a mutual savings bank; |
| (c) | A mutual savings bank. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 30-2 (Criteria for Imposition of Penalty Surcharges) |
| (1) | The criteria for the imposition of penalty surcharges under Article 38-2 of the Act shall be as specified in attached Table 4-2: <Amended on May 2, 2023> |
| (2) | When the Financial Services Commission intends to impose a penalty surcharge pursuant to Article 38-2 of the Act, it shall issue a written notice, clearly stating the category of the violation involved and the amount of penalty surcharge as well as the following matters and demanding the payment therefor. The foregoing shall also apply where it issues a notice extending the deadline for payment under Article 38-6 (1) of the Act or demanding payment of the penalty surcharge in accordance with a decision on installment payments: |
| 2. | Person liable for penalty surcharge; |
| 4. | Category of violation; |
| 5. | Amount of penalty surcharge due; |
| 7. | Receiving institution. |
| (3) | Any person who has received a notice under paragraph (2) shall pay the penalty surcharge to the receiving institution designated by the Financial Services Commission within 60 days from the date the notice was served. |
| (4) | Detailed matters concerning the imposition of penalty surcharges, other than those referred to in paragraphs (1) through (3), shall be determined by the Financial Services Commission. |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 30-3 (Extension of Payment Deadline and Payment in Installments) |
| (1) | The extension of payment deadline under Article 38-6 (1) of the Act shall not exceed one year from the following day of such payment deadline. |
| (2) | Where payment in installments is permitted in accordance with Article 38-6 (1) of the Act, the interval between deadlines for payment in installments shall not exceed six months and the number of installments shall not exceed three times. |
| (3) | The extension of payment deadline or application for payment in installments under Article 38-6 (2) of the Act shall be made by using an application form stating the following matters. In such cases, evidentiary documents shall be accompanied for matters falling under subparagraph 6: |
| 1. | Issue number of payment notices on penalty surcharges; |
| 4. | Amounts of penalty surcharges; |
| 6. | Grounds for filing an application for the extension of payment deadline or payment in installments. |
| (4) | Detailed matters concerning the extension of payment deadline under paragraph (1), the payment in installments under paragraph (2), and the application form referred to in paragraph (3) shall be determined and publicly notified by the Financial Services Commission. <Amended on Feb. 11, 2014> |
| (5) | "Grounds prescribed by Presidential Decree" in Article 38-6 (3) 4 of the Act means cases where the Financial Services Commission deems that the extension of payment deadline or payment in installments is unnecessary due to changes in circumstances surrounding a person on whom penalty surcharges are imposed, including property status. |
| 2. | Deposits under the Deposit Act. In such cases, subjects of deposit shall be limited to securities falling under any of the subparagraphs of Article 11 (2). |
[This Article Wholly Amended on Sep. 20, 2010]
| Article 30-4 (Additional Charges) |
"Additional charges, as prescribed by Presidential Decree" in Article 38-7 (1) of the Act means an amount calculated by applying 6/100 per annum to the overdue penalty surcharge. In such cases, the period for the imposition of penalty surcharges shall not exceed 60 months. <Amended on Mar. 22, 2011> [This Article Newly Inserted on Jan. 18, 2008]
| Article 31 (Re-examination of Regulations) |
With respect to the following matters, the Financial Services Commission shall review their relevance and take necessary actions such as improvement, etc. every three years from the following base date (referring to until the day before the base date of every third year): <Amended on Feb. 11, 2014>
| 1. | Requirements for the prevention of financial accidents under the main clause of Article 7-4 (2) and attached Table 2: January 1, 2014; |
| 1-2. | Conditions for conducting installment financial business provided for in Article 7-5: February 14, 2014; |
| 2. | Matters to be observed by a mutual savings bank when it conducts its duties provided for in Article 8-2: January 1, 2014; |
| 3. | Limits on credit granting to individual borrowers, etc. provided for in Article 9: January 1, 2014; |
| 4. | Deleted. <Mar. 3, 2020> |
[This Article Newly Inserted on Dec. 30, 2013]
| Article 32 (Criteria for Imposing Administrative Fines) |
[This Article Newly Inserted on Oct. 17, 2017]
ADDENDA <Presidential Decree No. 15758, Apr. 1, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 1998.
Article 2 (Repeal of Other Statutes and Regulations)
Article 3 (Transitional Measures concerning Scope of Small Enterprises)
The businesses specified by the Minister of Finance and Economy pursuant to the former provisions of subparagraph 3 (g) of Article 2 as of the enforcement date of this Decree shall be deemed as those specified by the Financial Services Commission pursuant to the amended provisions of Article 2 (1) 3 (g). Article 4 (Transitional Measures concerning Scope of Securities)
Bonds acquired in accordance with the former provisions of subparagraph 6 of Article 11 as at the enforcement date of this Decree shall be deemed securities acquired in accordance with the amended provisions of Article 11 (2) until arrival of the maturity date for redemption. Article 5 (Relationship to Other Statutes and Regulations)
A citation of the former Enforcement Decree of the Credit Management Fund Act or any provision thereof by any other statute or regulation enforceable as at the time this Decree enters into force, if any, shall be deemed to be a citation of a corresponding provision hereof in lieu of the former provisions, if such corresponding provisions exist herein.
ADDENDUM <Presidential Decree No. 16266, Apr. 30, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 16323, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16709, Feb. 14, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 16859, Jun. 27, 2000>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17265, Jun. 30, 2001>
This Decree shall enter into force on the date prescribed by Presidential Decree pursuant to the main clause of Article 1 of Addenda to the Amendment (Act No. 6429) to the Mutual Savings and Finance Company Act: Provided, That the amended provisions of Articles 5, 7, 7-2, 7-3, 12-2, 16, 20, 26, 29, and 30 shall enter into force on the date of its promulgation, but the term "mutual savings bank" in such amended provisions shall be deemed "mutual credit union" until the date this Act enters into force set pursuant to the said main clause.
ADDENDUM <Presidential Decree No. 17405, Nov. 7, 2001>
This Decree shall enter into force on the date of its promulgation: Provided, That the term "mutual savings bank" in the amended provisions of paragraph (2) 4 of Article 3-2 shall be deemed "mutual credit union" until on the date prescribed by Presidential Decree pursuant to the main clause of Article 1 of Addenda to the Amendment (Act No. 6429).
ADDENDA <Presidential Decree No. 18146, Nov. 29, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov. 30, 2003. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 18297, Feb. 28, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2004.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 18305, Mar. 9, 2004>
This Decree shall enter into force on March 12, 2004.
ADDENDA <Presidential Decree No. 18736, Mar. 8, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19464, May 3, 2006>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 20555, Jan. 18, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2008: Provided, That the amended provisions of attached Tables 1 and 2 shall enter into force on March 20, 2008 respectively.
Article 2 (Applicability to Requirements for Large Shareholders)
The amended provisions of attached Table 1 shall begin to apply from applications filed for the license under Article 6 (1) with the Financial Services Commission on or after the date this Decree enters into force. <Amended by Presidential Decree No. 20653, Feb. 29, 2008> Article 3 (Applicability to Requirements for Approval on Changes in Large Shareholders)
The amended provisions of attached Table 2 shall begin to apply from applications filed for approval under Article 10-2 (4) of the Act on or after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 20653, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees amended in accordance with Article 2 of the Addenda, which were promulgated before the date this Decree enters into force, and their enforcement date have not yet arrived, shall enter into force on the date each Presidential Decree enters into force. Article 2 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted
ADDENDA <Presidential Decree No. 21059, Sep. 30, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Standards for Authorization for Establishment of Branch Office)
The amended provision of Article 5 (1) 3 shall begin to apply from a case where the first measures corresponding to warnings or partial suspension of business within six months have been taken after this Decree enters into force. Article 3 (Applicability to Establishment of Branch Office outside Business Area)
The amended provisions of Article 5-2 shall begin to apply from the first application for approval for acquisition, etc. of shares under paragraph (2) of that Article after this Decree enters into force.
ADDENDA <Presidential Decree No. 21518, May 29, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22248, Jun. 30, 2010>
This Decree shall enter into force on July 1, 2010.
ADDENDA <Presidential Decree No. 22401, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2010.
Article 2 (Applicability to Credit Granting of Call Loan Transactions through Federation)
The amended provisions of Article 3-2 (2) 4 shall begin to apply from the first call loan transaction after this Decree enters into force. Article 3 (Applicability to Standards for Authorization for Establishment of Local Offices Specializing in Credit Finance)
The amended provisions of Article 6-3 (7) shall begin to apply from the first application for authorization for the establishment of a local office specializing in credit finance after this Decree enters into force. Article 4 (Applicability to Requirements for Approval of Changes in Major Shareholders)
The amended provisions of attached Table 2 shall begin to apply from the first application for approval of stock acquisition, etc. after this Decree enters into force.
Article 5 (Transitional Measures concerning Citation of other Acts)
"Banks under the Banking Act" shall be deemed "financial institutions under the Banking Act", among the amended provisions of Article 9 (6) 2 and 3, Article 24 (1) 2, and Article 30-3 (6) 1 until November 17, 2010.
ADDENDUM <Presidential Decree No. 22719, Mar. 22, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23283, Nov. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Limits on Credit Granting to Individual Borrowers)
| (1) | Any mutual savings bank that has offered credit granting in excess of the limits under the amended provisions of Article 9 (1) as at the time this Decree enters into force shall comply with the same provisions within two years after this Decree enters into force: Provided, That the mutual savings bank may, in unavoidable reasons including the scale of any credit granting, extend such period by up to one more year (where the term of the credit granting does not mature even though the mutual savings bank extends such period by up to one more year, any period determined by the Governor of the Financial Supervisory Service separately) after obtaining approval from the Governor of the Financial Supervisory Service. |
| (2) | Any mutual savings bank that intends to obtain approval under the proviso of paragraph (1) shall, by three months before the period expires under the main clause of paragraph (1), submit to the Governor of the Financial Supervisory Service a detailed plan for the compliance with the amended provisions of Article 9 (1), and the Governor of the Financial Supervisory Service shall, within one month upon receipt of the detailed plan, determine whether it grants the approval and notify the mutual savings bank thereof. |
| (3) | Any mutual savings bank that failed to comply with the provisions of Article 9 (1), from among mutual savings banks which have obtained approval for the extension of period under the proviso of paragraph (1), shall make sure to comply with the same provisions from January 1 to December 31, 2015: Provided, That if there exists any unavoidable reason, such as credit offering, it may extend the period by one year upon approval from the Governor of the Financial Supervisory Service. <Newly Inserted by Presidential Decree No. 25844, Dec. 9, 2014> |
| (4) | Any mutual savings bank that intends to obtain approval under the proviso of paragraph (3) shall, by three months before the period expires under the main clause of that paragraph (referring to the extended period in cases of the extension of period under the proviso of that paragraph), submit to the Governor of the Financial Supervisory Service a detailed plan for the compliance with Article 9 (1), and the Governor of the Financial Supervisory Service shall, within one month upon receipt of the detailed plan, determine whether it grants the approval and notify the mutual savings bank thereof. <Newly Inserted on Dec. 9, 2014> |
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23987, Jul. 24, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2012.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24635, Jun. 21, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 (8) shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Payment of Rewards)
The amended provisions of Article 14 (8) shall begin to apply from a report or information received after the enforcement date under the proviso of Article 1 of the Addenda. Article 3 (Applicability to Prohibition against Credit Granting to Large Shareholders)
The amended provisions of Article 30 (2) 8 (c) shall begin to apply from an act, such as credit granting to a large shareholder, prohibited pursuant to Article 37 (1) of the Act after the enforcement date (hereinafter referred to as "enforcement date of this Decree") under the main clause of Article 1 of the Addenda. Article 4 (Applicability to Requirements for Large Shareholders)
| (1) | The amended provisions of subparagraphs 1 (d) through (g), 2 (d), 3 (b), 4 (e), 5 (a) through (d) of attached Table 1 and the main clause of subparagraph 1 of the remarks of the said Table shall begin to apply from cases where a mutual savings bank applies for approval pursuant to Article 6 (1) after this Decree enters into force. |
| (2) | The amended provisions of the proviso of Article 7-4 (2), subparagraphs 1 (c), (e), and (f), 2 (d), 3 (b), 4 (d), 5 (b) through (d) of attached Table 2 and the remarks of the said Table shall begin to apply from cases where a mutual savings bank applies for approval for the acquisition or acquisition by transfer of stocks pursuant to Article 10-6 (1) of the Act after this Decree enters into force. |
| (3) | The amended provisions of the proviso of Article 7-4 (6) and the remarks of attached Table 3 shall begin to apply from cases where the Financial Services Commission examines requirements for the maintenance of eligibility for a large shareholder pursuant to the former part of Article 10-6 (3) after this Decree enters into force. |
Article 5 (Transitional Measures concerning Incumbent Outside Directors)
Notwithstanding the amended provisions of Article 7-2 (4) 5, the former provisions shall apply to an outside director falling under the amended provisions of Article 7-2 (4) 5 until the date his or her term of office expires, who is an incumbent outside director as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 24697, Aug. 27, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 29, 2013. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25178, Feb. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 14, 2014: Provided, That the amended provisions of Article 11-3 (3) through (5) shall enter into force on August 14, 2015. Article 2 (Applicability to Application for Examination of Qualifications of Large Shareholders)
The amended provisions of the proviso of Article 7-4 (3) 1 shall begin to apply from the death of an existing shareholder after this Decree enters into force. Article 3 (Applicability to Business Guidance)
The amended provisions of Article 15 (3) 1 shall begin to apply from a mutual savings bank which is granted the delay of timely corrective measures after this Decree enters into force. Article 4 (Applicability to Requirements for Large Shareholders)
| (1) | The amended provisions of subparagraph 1 (f) of attached Table 1 shall begin to apply from cases where an application for authorization is filed pursuant to Article 6 (2) of the Act after this Decree enters into force. |
| (2) | The amended provisions of subparagraph 1 (e) of attached Table 2 shall begin to apply from cases where an application for approval is filed pursuant to Article 10-6 (1) of the Act after this Decree enters into force. |
| (3) | The amended provisions of subparagraph 1 (d) (iv) of attached Table 3 shall begin to apply from cases where an examination is conducted pursuant to Article 10-6 (3) of the Act after this Decree enters into force. |
Article 5 (Transitional Measures concerning Directors of Federation)
| (1) | A senior executive director or an expert director who is holding office as at the time this Decree enters into force shall be deemed to have been elected by the general meeting at the recommendation of the President in accordance with the amended provisions of the proviso of Article 23-2 (1). |
| (2) | Two directors with the shortest remaining term of office out of the member directors who are holding office as at the time this Decree enters into force shall be deemed expert directors elected by the general meeting at the recommendation of the President until the date their term of office expires in accordance with the amended provisions of the proviso of Article 23-2 (1). |
Article 6 (Transitional Measures concerning Standards for Imposition of Penalty Surcharges)
Where the standards for the imposition of a penalty surcharge is applied to a violation committed before this Decree enters into force, notwithstanding the amended provisions of Article 30-2 (1), the former provisions shall apply.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25844, Dec. 9, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25945, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date when the registration of acquisition was made under Article 4 (6) of the Addenda to the wholly amended Korea Industrial Bank Act (Act No. 12663). Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26205, Apr. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 29, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26600, Oct. 23, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 25, 2015. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 27037, Mar. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27091, Apr. 8, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27205, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27289, Jun. 28, 2016>
This Decree shall enter into force on June 30, 2016.
ADDENDA <Presidential Decree No. 27414, Jul. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 1, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28391, Oct. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 19, 2017.
Article 2 (Applicability to Matters to be Reported)
The amended provisions of Article 7 (4) 2 shall begin to apply from the financial accident that occur after this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 29112, Aug. 21, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 11-4 (5) and (6) shall enter into force on August 22, 2018. Article 2 (Transitional Measures concerning Examination of Requirements for Maintaining Qualification of Large Shareholders)
Notwithstanding the amended provisions of subparagraph 5 of attached Table 3, the former provisions thereof shall apply to examination of requirements for maintaining qualification of a large shareholder about a person who becomes the large shareholder of the mutual savings bank after obtaining a license under Article 6 (1) of the Act or approval under Article 10-6 (1) of the Act as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 29856, Jun. 11, 2019>
This Decree shall enter into force on June 12, 2019.
ADDENDUM <Presidential Decree No. 30128, Oct. 15, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 11-6 (1) 4 shall enter into force on January 1, 2020.
ADDENDUM <Presidential Decree No. 30307, Dec. 31, 2019>
This Decree shall enter into force on January 1, 2020.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on August 5, 2020. (Proviso Omitted.) |
Articles 2 through 4 Omitted.
ADDENDA <Act No. 31222, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on 12/10/2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31553, Mar. 23, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 25, 2021. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31919, Jul. 27, 2021>
This Decree shall enter into force on July 27, 2021: Provided, That the amended provisions of Articles 6-3 (1) and (7), 10 (1), attached Table 1, subparagraph 2 of the remarks of attached Table 2, and subparagraph 2 of the remarks of attached Table 3 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32091, Oct. 21, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 21, 2021.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 32274, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on Dec. 30, 2021.
Articles 2 through 14 Omitted.
ADDENDA <Presidential Decree No. 32449, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33446, May 2, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning the Standards for Imposition of Penalty Surcharges)
With respect to the standards for the imposition of penalty surcharges for violations committed before this Decree enters into force, the previous provisions of Article 30-2 (1) shall apply, notwithstanding the amended provisions of that paragraph and attached Table 4-2.