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CREDIT
MANAGEMENT GUIDELINES
Department in charge:
Credit Planning Department
Chapter
1. General Provisions for Credit
Section
1. General Principle
Article
1 (Purpose) The purpose of this guideline is
to prescribe matters necessary for the handling of credit business in
accordance with the credit regulations.
Article
2 (Scope of Application) (1) Credit
business shall be governed by this guideline. However, if it is intended to
handle differently from this guideline, approval shall be obtained from the
head of division in charge.
(2)
The term "credit product" means a contract in which the bank provides
money or other property value (hereinafter referred to as "money, etc.")
such as loans, payment guarantees, subrogation payment by payment guarantee,
foreign exchange-related loans, bill discount, trade receivable purchases,
lending of securities, or the like, and receives the payment such as money or
corresponding interest, etc., in return in the future. <Amended on 24 Mar
2021>
Điều
2 (Phạm vi áp dụng)
(1) Hoạt động kinh doanh tín dụng sẽ
được điều chỉnh theo hướng dẫn này. Tuy nhiên, nếu dự định xử lý khác với hướng
dẫn này thì phải được sự chấp thuận của trưởng bộ phận phụ trách.
(2) Thuật ngữ “sản phẩm tín dụng”
nghĩa là một hợp đồng theo đó ngân hàng cung cấp tiền hoặc giá trị tài sản khác
(sau đây gọi chung là “tiền, ...”) như các khoản cho vay, bảo lãnh thanh toán,
thanh toán thay thế bằng bảo lãnh thanh toán, các khoản vay liên quan đến ngoại
hối, chiết khấu hóa đơn, các khoản mua phải thu khách hàng, cho vay chứng khoán
hoặc các hình thức tương tự khác, và nhận lại khoản thanh toán như tiền hoặc
lãi suất tương ứng, v.v., trong tương lai <Sửa đổi ngày 24/3/2021>.
Article
3 (Definition of Terms) The terms used in this guideline
are as follows:
1. New: first handling of loans, etc. under a
new agreement (on the individual basis).
2. Increase: Handling in addition to the
balance or limit of the previous loan. It shall be indicated as
"increase" when applying for loan approval, and be handled in
accordance with new one.
3. Renewal of the due date: Re-handling loans
of the same nature under the same borrower, same date, and same amount.
4. Loan for Repayment: Re-handling under
different subjects or different interest rates with the same date and the same
amount.
5. Term extension: Extension of the contract
period of the existing loan.
6. Relevant: It means “the relevant”, “this
case” or “the".
7. The person who has the approval authority
on the loan: It refers to the person who has the approval authority on the
credit under the Schedule of Authority for Credit Business based on the
applicant's total credit, assuming that the credit is newly handled as of the
date of application under the new handling standard.
Article 3-2 (Financial Consumers) (1) Financial
consumers refer to specialized financial consumers or general financial
consumers who are the counterparties of the Bank in relation to the conclusion,
or solicitation of conclusion, or offering the contract for credit products.
(2) Professional
financial consumers refer to the financial consumers who have the ability to
take risks from the credit product contract in view of their expertise in the
credit products or the scale of their own property, and fall under any of the
following subparagraphs:
1. The Country (Government)
2. The Bank of Korea under the Bank of Korea
Act
3. The financial companies prescribed in
subparagraph 6 of Article 2 of the Financial Consumer Protection Act
4. The listed companies under Article 9 (15) 3
of the Financial Investment Services & Capital Markets Act
5. Financial consumers who fall under any of
the following items
A. A corporation, association, or organization with at least five
permanent workers (hereinafter referred to as "corporation, etc."); However,
if the relevant corporation, etc. notifies the bank in writing of its intention
to receive the same treatment as the general financial consumer, it shall agree
to it except for special reasons.
B. The concurrent loan service provider falling under Article 3 (3)
2 of the Specialized Credit Finance Business Act
C. Agent or broker of financial instruments concerning loan products
D. A corporation established for a particular purpose, such as the
acquisition of the property or financing funds that is publicly notified by the
Financial Services Commission
(3) The term
"general financial consumer" refers to a financial consumer other
than a professional financial consumer referred to in the preceding paragraph.
[Newly inserted on 24 Mar 2021]
Article
4 (Unqualified person for credit) (1) No new credit shall be handled for a person who
falls under any of the following subparagraphs.
<Amended on 4 Dec 2020, 19 Feb
2021.>
1. Persons prohibited by law
2. Persons registered for credit rating
information (including public information) specified in the ‘General Credit
Information Management Agreement’
3. Persons who hold special claims (amortized claims)
of the Bank (including guarantors) or persons whose records are managed
electronically due to loss of non performing loan receivables sold to external
organizations (including guarantors)
4. Persons who have been confirmed to have
legal restrictions on their salary and property held for their own responsible
reasons. However, it shall not apply if it is a regular security and the amount
seized is less than 10% of the appraised value (estimated market value)
5. Persons who belong to CB 11-12 sections of
the credit rating agency in which the contract is concluded with the Bank. (Amended
on 4 Dec 2020, 19 Feb 2021)
6. Persons who have personal overdue debt
(including a short-term delinquent holder of CB information) or guarantee
obligations in arrears
7. Applicants for credit recovery, bankruptcy,
individualㆍcorporate
rehabilitation, and whose proceedings are determined to commence. However, it
shall not apply to those whose proceedings have been completed or who have been
exempted
8. If it is intended to be handled differently
from subparagraphs 2 through 8, it shall be handled after obtaining approval
from the person who has the relevant approval authority of the council of the
Loan Officers or higher
(2) Notwithstanding
paragraph (1), the collateral loans under 100% credit guarantee certificate and
100% deposit/time deposit/installment deposit/trust deposit can be handled with
the approval of the person who has the approval authority on the relevant loan
except for the following cases.
1. In case of holding special claims of the Bank,
※
Not applicable to a person whose records are managed on the computer due to a
loss of sale by an external institution (can be handled)
2. If the person has his/her own debt or
guarantee obligation in arrears
3. In case legal restrictions are in progress,
such as seizure of the relevant deposit, etc.
4. In case the person is classified as subject
of the loss of benefit of time due to the application for credit recovery,
individual and corporate rehabilitation and bankruptcy. However, if the deposit
transaction with the Bank is possible due to the final decision (judgment/approval),
closure, exemption, etc., it can be handled
(3) Whether the loan
referred to in paragraph (1) is ineligible or not shall be determined by
including the debt-related persons, such as a person in power, the large
shareholder, the joint guarantor, etc. However, it shall not apply to the case
of the pure collateral provider who provides the collateral only.
[Note 4-1] Definition of Overdue Loan
Receivables【()is
the date on which applies to be overdue.】
|
1. Loan receivables that
have not been repaid at the agreed date of repayment of interest or principal
(including installment repayment) (the next day of the agreed date)
2. Loan receivables that
have lost the benefit of time due to reasons other than repayment delay in
interest or installment repayment (the next day of the loss of the benefit of
time)
3. Loan receivables in
excess of the credit limit (next day of exceeding the credit limit)
4. Subrogation payment for
payment guarantee (Date of the subrogation payment for payment guarantee)
|
Article
5 (Prohibition and Restriction of Loans) (1)
The following loans prohibited by the Banking Act and its related laws, the
Banking Supervision Regulations and its enforcement regulations, the Financial
Consumer Protection Act (hereinafter referred to as FCPA) and its enforcement
decree, Financial Consumer Protection Supervision Regulations and its
enforcement regulations shall not be handled. (For details, refer to Note 5-1
'Prohibited Businesses under the Banking Act' and Note 5-2 ‘Comparison Table of
Enforcement Decree and Supervision Regulations on prohibition of unfair
business practices, etc.') <Amended on 24 Mar 2021>
1. Credit granting falling under any of the
following items prescribed in Article 35 of the Banking Act (Credit Granting
Limit on Same Borrowers, etc.)
A. Credit granting exceeding 25/100 of the bank's equity capital to
individual∙corporation and the persons who share credit risk prescribed by
Presidential Decree with the same individual∙corporation. (hereinafter referred
to as" the same borrower")
B. Credit granting exceeding 20/100 of the bank's equity to each of
the same individual or corporation
C. Where the credit granting to the same individual, corporation, or
the same borrower respectively exceeds 10/100 of the equity capital of the
bank, the total amount of such large credit shall not exceed five times the
equity capital of the bank
2. A loan prescribed in Article 35-2 of the
Banking Act (Credit Granting Limits, etc. for Large Shareholders of Banks)
falling under any of the following
A. The credit that the bank can grant to its large shareholders
(including any person specially related to him/her excluding an overseas local
corporation) shall not exceed the amount equivalent to the ratio prescribed by
Presidential Decree within the scope of 25/100 of the equity capital of the bank
or an amount equivalent to the ratio of any contribution by the relevant large shareholder
to the bank, whichever is less
B. No credit granting exceeding 25/100 of the equity capital of the
bank shall be allowed to all major shareholders of the bank
Loss
of non performing loan receivables: tổn thất từ các khoản cho vay không hiệu quả
borrowing
(loan) application: hồ sơ vay, cho vay
In case of a medical corporation: Đối với công ty y tế tư nhân
Application
for Credit Approval: đơn đăng ký phê duyệt tín dụng
New:
first handling of loans: Cấp mới: xử lý khoản vay đầu tiên
Financial consumers: người tiêu dùng tài chính
Unqualified person for
credit: người không đủ tiêu chuẩn cấp tín dụng