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Korea M&A Corporation
This is Private Equity Fund handbook in Korea. All the regulations are included in this material. This material is written by Korean. If you'd like to purchase English version, please let me konw it. email: khan@kmna.co.kr
Like many other countries, South Korea has its own merger notification & competition review regimes. This means if your M&A deal involving a Korean company or business meets the merger notification thresholds prescribed in the rules of the Korean competition authority, you need to make a merger filing. And your transaction becomes subject to the authority’s competition review. Thus, it is impera..
SEOUL (Reuters) - South Korea will loosen regulations on foreign asset management firms and domestic private equity funds as early as this year, and eliminate rules deterring overseas acquisitions, two ministries said on Thursday. The moves are the latest in a series of deregulation efforts for the financial industry as the government strives to raise its financial clout in Asia, and are aimed a..
An all-Korean transaction using the leveraged buyout method was declared illegal, in some instances, by the Supreme Court on Nov. 9. Although such transactions are fairly common around the globe, in Korea they are rare. The recent ruling did not outright ban LBOs, and needs to be understood in the broader context of LBO transactions. LBOs are takeovers of another company with funds borrowed usin..
There are many ways to avoid tax in Korea. I will introduce you two ways to avoid tax. Recently many hedge funds executed it like this. 1. Purchasing a building through new establishing korean company and sell stocks of that company to buyer. Then the tax of stock exchange is 10% of capital gain. This rate is much lower than tax from estate transfer. 2. Investment in Tax heaven which contracted ..
Foreign Investment in South Korea The matters pertaining to a foreign individual or entity wising to make a direct foreign investment in Korea are primarily prescribed by the Foreign Investment Promotion Act (“FIPA? and the Commercial Code of Korea. This document attempts to give an overview of procedure for foreign investment. Brief introduction of FIPA Investing in Korea has been facilitated b..
In Korea, unfair trade practices and anti-competitive behavior of enterprises are regulated under Monopoly Regulation and Fair Trade Act (“MRFTA?, which was enacted on December 31, 1980 and which have underwent several revisions since its enactment. Article 1 of MRFTA sets forth the purpose of the Act as preventing the abuse of market dominance and excessive concentration of economic power in en..
Korean Labor Law Korean Labor law issues are often the ones which any foreign investor conducting business in Korean market has most difficulty in understanding. We set forth below certain basic concepts of Korean labor law requirements. The basic law in Korea regulating labor standards is the Labor Standards Act (LSA), which is applicable to an employer with at least 5 employees. LSA was substa..
SUMMARY OF SIGNIFICANT DIFFERENCES BETWEEN KOREAN GAAP AND U.S. GAAP In many respects, Korean GAAP are substantially the same as U.S. GAAP. However, there are certain significant differences between Korean GAAP and U.S. GAAP which are summarized below. This summary should not be taken as exhaustive of all Korean/U.S. GAAP differences. No attempt has been made to identify all disclosure, presenta..