Article Content
Section VIII: Business Rules of the Special Purpose Company
Article 85 |
(The transferee may not use the assets for pledge, transfer, exchange, guarantees, or other dispositions)
Unless otherwise provided for in this Act or the asset securitization plan, the SPC shall not pledge, transfer, exchange, provide as security or otherwise dispose of the Assets transferred to it. |
Article 86 |
(Other businesses that cannot be operated concurrently)
Except for the business of asset securitization, the SPC shall not concurrently engage in any other business. |
Article 87 |
(Scope of idle funds utilization)
The utilization of the SPC's own property and the idle funds derived from the Assets transferred to it shall be limited to the following.
Article 13 and Article 15 of the Company Act shall not apply:
1. bank deposits;
2. purchase of government bonds or financial bonds;
3. purchase of treasury bills or negotiable certificate of time deposit;
4. purchase of commercial papers with a credit rating above a certain level or guaranteed or accepted by banks with a rating above a certain level set by the competent authority; and
5. other utilizations with the approval of the competent authority. |
Article 88 |
(Unless otherwise specified, no funds may be borrowed)
Unless otherwise provided for in this Act or the asset securitization plan, the SPC shall not borrow any money.
The purpose of any amount borrowed under the preceding paragraph shall be limited to the distribution or repayment of the profits, principal, interests, or other proceeds in accordance with the asset securitization plan, and shall be done with the consent of all directors. |
Article 89 |
(Responsibilities for compensation)
The SPC shall not guarantee or endorse any person, and Article 16 of the Company Act shall not apply.
When the responsible person(s) of the SPC violates the restrictions prescribed in the preceding paragraph, such person shall be held liable for any such guarantee and endorsement and to compensate the company or the Asset-Backed Security holders for the damages sustained therefrom. |
Article 90 |
(The responsible person may not conduct intermediary sales for the offering or issuance)
With regard to the issue or offering of the Asset- Backed Securities, the responsible person of the SPC shall not serve as a broker or intermediary in the sale of the Asset-Backed Securities. |