Article Content
Section V: Asset Securitization Plan
| Article 73 |
（Establishment of processing regulations for asset-based securities）
To issue Asset-Backed Securities, the SPC shall submit an application or file a registration with the competent authority, along with the following documents, and required information, for approval or effective registration. The guidelines for processing such an application or registration shall be further prescribed by the competent authority:
1. asset securitization plan;
2. asset transfer contract or other supporting documents;
3. name, Articles of Incorporation, and location of the SPC;
4. names and domiciles of directors;
5. date(s) of the resolution(s) of directors and its supporting documents;
6. explanations regarding management methods of the transferred Assets. If appointing or entrusting a Servicer to manage and dispose of the transferred Assets, such appointment or entrustment agreement or other supporting documents shall be provided;
7. relevant risk hedging plans and documents; and
8. other items as required by the competent authority.
The SPC shall not issue Asset-Backed Securities without the approval of or effective registration with the competent authority.
The SPC shall operate the securitization business in accordance with the asset securitization plan approved by or effectively registered with the competent authority.
The Originator and the SPC shall not be the same affiliated enterprise, and the relevant documents and information of the transferred Assets shall be provided to the SPC without false statements or concealments.
The Originator, violating the preceding provision and causing the acquirer or transferee of the Asset-Backed Securities, shall be liable to compensate for such damage.
Article 369-1 to Article 369-3, Article 369-9, and Article 369-11 of the Company Act shall apply to the scope of the "same affiliated enterprise" as referred to in Paragraph 4 of this article. |
| Article 74 |
（Items to be specified in asset securitization plans）
The asset securitization plan shall contain the following:
1. name and address of the Originator;
2. variety, name, quantity, price, average yield, period and transfer date of the transferred Assets;
3. execution period of the asset securitization plan and relevant matters;
4. total amount, interest rate or the rights of the Asset-Backed Securities, and time and method for repayment or distribution of the principal, profits, interests or other proceeds of the Asset-Backed Securities. If issuing Asset-Backed Securities with different types or durations, the order of priority in terms of receipt from the SPC of the transferred Assets and the profits, interests, or other proceeds accrued therefrom;
5. method of management and disposal of the transferred Assets, and the Servicer appointed or entrusted to manage and dispose of such Asset;
6. name, powers, and obligations of the Supervisory Institution;
7. matters regarding borrowed money and expenses incurred for operating business set forth in the asset securitization plan;
8. supporting documents regarding credit rating or credit enhancement, if any;
9. necessary expenses for issuing the Asset-Backed Securities and the amortization method thereof;
10. evaluation method, basic assumptions, and expert opinions regarding the transferred Assets; and
11. other items as required by the competent authority. |