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Securities

“One of the market leaders in securitisation and regulatory work.
It has an amazing ability to cut through difficult issues.”
– IFLR1000 (2018)

Overview

The Securities Practice has extensive experience and expertise in the securities business and regulations, providing advice on laws and practices relating to the securities business and listed companies, establishment and licensing, accounting and operation of securities companies, and assisting clients in effectively managing supervision and audits by financial regulators. 

Our practice continues to make a valuable contribution to the development of the securities business in Korea through ongoing advisement to a diverse group of clients and government organizations.  We provide a full-scope of services customized for each individual client, taking advantage of the expertise and experience of our securities lawyers and other experts in securities-related taxes and financial supervision.

Professionals with Extensive Experience and In-Depth Expertise

The Securities Practice is comprised of Korean and foreign lawyers with extensive experience and knowledge, CPAs well versed in securities taxation, and other experts who are familiar with the practice of the market and regulators.  Our practice provides optimal services in a team-oriented approach tailored to diversified, individual needs of the clients.

World-Renowned Law Firm

Chambers Asia, one of the world-leading legal media, selected Kim & Chang as the leading law firm in a total of 15 practice area categories including finance and capital markets and other practice areas.  Our professionals with a wealth of experience and expertise play a leading role in providing optimal legal services tailored to needs of the clients in various areas such as business, license, regulatory audit, and unfair trading practice relating to financial investment companies.

Large Diversified Team of Professionals

The Securities Practice consists of lawyers well versed in capital markets and the business of financial investment companies, CPAs conversant with accounting and tax affairs, and other experts with extensive experience in markets and regulatory practice.  Based on this diverse expertise our practice provides legal advisory services in an efficient and expeditious manner.

Key Servicesshow

Legal and Compliance

As securities companies are subject to supervision and regulations of the securities business and in all other aspects of ancillary and concurrent businesses, compliance with the applicable laws and regulations are of utmost importance.  The Securities Practice regularly notifies our clients of the laws, regulations, guidelines and standards which are from time to time enacted or amended.  We provide advisory services in an expeditious and efficient manner with respect to all legal and regulatory issues and internal control systems relating to the operation of a securities company in Korea.

 

In particular, our practice provides specialized services with respect to various types of derivatives products and transactions, including ELW and ELS.

 

Securities Business License

The Securities Practice provides clients with advice and assistance with establishing a securities company or a securities branch, and obtaining the relevant business licenses.  Also, we advise existing securities companies or branches on expanding their business scope or obtaining OTC derivatives business license or, futures trading license.  Our practice assist in the full scope of the securities business license process from preparation and submission of the application documents, discussion with the relevant regulators, and completion of procedures and reporting.

 

FSS Audit 

Securities companies and other financial service providers are subject to regular and on-going audits by the financial supervisory authorities.  Our practice provides a comprehensive service to efficiently address government audits for clients, including audit-prep sessions, review of the relevant legal issues, preparation of defense arguments and correspondence with regulators during the audit, and establishment and implementation of corrective action plan.

 

Acquisition of Securities Companies and Joint Venture

The Securities Practice provides services in the acquisition of or joint ventures with existing securities companies, transaction structuring, drafting and negotiation of transaction documents, and requisite government approvals and reports.

 

Operation and M&A of Listed Companies

The Securities Practice provides services in relation to various legal and regulatory issues relating to the operation of a listed company and the issues relating to M&A of a listed company.

 

Litigation, Disputes, and Criminal Cases involving Securities Law Issues

In conjunction with our Litigation & Arbitration Department, the Securities Practice represents our clients in securities related litigation and disputes.  In addition, the firm has an excellent Corporate Investigations & White Collar Defense Practice that provides advice and defense for the clients in investigation and criminal cases involving violation of securities law and white collar crimes.

Key Experiencesshow

The Securities Practice has been representing a large number of Korean and overseas financial investment companies (securities companies, investment banks, asset management companies, and investment advisory companies), as well as listed corporations and investors, for more than 30 years.  We have advised most foreign securities companies conducting business in Korea with various necessary business licenses.  Based on our expert knowledge and in-depth experience accumulated in the years of practice, our practice has provided customized legal services to many different major clients with diverse needs.  Today, Kim & Chang plays a leading role in various areas relating to capital markets and financial investment services as a leader in the securities regulatory practice.

 

  • Provided legal and compliance advice to major foreign and domestic securities companies.

  • Provided services in connection with business licenses for most foreign securities companies conducting business in Korea, including securities business licenses, OTC derivatives business licenses, and futures trading licenses.

  • Advised on the operation and M&A of major listed companies.

  • Provided services in connection with acquisition and joint ventures of major securities companies.

  • Advised on regulatory audits and defenses in the Sanction Review Committee.

  • Advised on and defended in litigations, disputes, and criminal cases involving securities law issues, such as unfair trading activities.

  • Advised on public disclosures and filings required by the Securities and Exchange Act for major listed companies and investors.

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