Some markets are restricted for UCITS funds investment – please refer to your depositary team
Updated as at November 7, 2023
FII Market Entry Requirements for South Korea RBC IS operates a segregated account structure in this market. Please refer to 'Market Account Opening Requirements' for information on the market requirements. Clients are requested to refer to the requirements for information purposes only. For further information or support around accessing this market, please contact your RBC IS representative. |
Currency | Korean Won (KRW) | ||||||||
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Time Zone | GMT +9 | ||||||||
The Korea Exchange |
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Exchange(s) | The Korea Exchange | ||||||||
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Trading System | KRX KOSPI/KOSDAQ Market For interpreting further explanations or regulations given by KRX, please note: KRX differentiates ‘Orders’ given by the customer and ‘Quotes’ from the brokers. So if the client orders then the broker delivers the orders by transmitting the quotes to the KRX system. The KRX is a typical order-driven market where buy and sell orders compete for the best price. KRX KONEX Market The KONEX major trading arrangements including trading hours, market holidays, trading halts, trading methods, single price call auction and continuous trading at multiple prices, restrictions on short-selling, clearing and settlement, are same as KOSPI and KOSDAQ Market, and good faith deposit are the same as the KOSDAQ market. K-OTC | ||||||||
Trading Hours | Monday to Friday:
Varies, depending on the product but it is 09:00 - 15:45 (Regular session) for index related futures and options, and it is between 09:00 - 15:20 for the Last Trading Day for index related futures and options. From 31 July 2023, KRX opened trading 15 minutes earlier for following products (08:45 -15:45) Underlying Asset Products KOSPI 200 KOSPI 200 Futures Mini KOSPI 200 Futures KOSPI 200 Options(inc Weekly) Mini KOSPI 200 Option KOSPI 200 Futures Spreads Mini KOSPI 200 Futures Spreads KOSDAQ 150 KOSDAQ 150 Futures KOSDAQ 150 Options KOSDAQ 150 Futures Spreads KRX 300 KRX 300 Futures KRX 300 Futures Spreads | ||||||||
Security Identifiers | ISIN (International Securities Identification Numbering): Yes | ||||||||
Regulatory Bodies | The Ministry of Economy and Finance: The Ministry of Finance and Economy and Ministry of Planning and Budget were consolidated into the Ministry of Strategy and Finance and later renamed its English name to Ministry of Economy and Finance. The Ministry of Economy and Finance is responsible for foreign exchange and taxation policies in Korea. | ||||||||
Instruments |
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Form of Securities | Under the Regulations on Financial Investment Business, all Korea Securities Depository (KSD) eligible securities acquired by foreign investors must be deposited with the KSD, the central securities depository in Korea, via a KSD participant. A KSD participant is an agent who has an account at the KSD for the purpose of deposit, withdrawal and book-entry transfer of securities.
Securitized derivatives, etc. which are recognized of the necessity by KSD. The above securities are registered in the KSD's name as nominee. Effective September 16, 2019, securities such as listed securities and collective investment securities are subject to compulsory application to electronic securities. The securities will be automatically converted to electronic securities. It is not compulsory for unlisted securities to be converted to electronic securities. The conversion of unlisted securities to electronic securities depends on the application of the issuing company. | ||||||||
Board Lots | (Trading Units) Equities: KRX KOSPI Market: 1 shares/units | ||||||||
Price Variations | Daily price limit: Circuit Breakers:
Volatility Interruption: * Percentage differs depending on its market or the trading hours. |
Settlement Cycles |
Bond transactions traded in the Government Bonds Inter-Dealer Market (IDM) will settle the following day when the Bond settlement date falls on one of the Bank of Korea's (BOK) reserve dates, which are the second week’s Wednesday of each month. | ||||||
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Delivery versus Payment (DvP) Settlement Currencies | KRW Bonds - KRW & FCY | ||||||
Over-the-Counter (OTC) | By regulation foreign investors are required to trade listed stocks through the KRX except in cases such as direct investment, exercise of overseas securities, odd-lot trading, and trading of stocks which foreign ownership limits have been reached. | ||||||
Settlement Procedures | Book-Entry: 1. ID Card holder/investor executes trade with broker. Partial Settlement for Listed Equities
- Settlement amount: Split per every KRW 10 billion - Number of shares: Split by calculation formula: (KRW 10 billion / Total contract amount) x Total number of shares In case market compulsory fail occurs at the final stage of partial settlement, it is only considered as a partial failure, i.e., the partially settled portion will remain valid and not be cancelled or considered to be failed. | ||||||
Short Selling | According to Article 180-1 of the Capital Market and Financial Investment Business Act (hereinafter known as ‘the Act’), the following shall not be permitted unless covered by a number of specific exceptions prescribed under Article 180-2 of the Act. - a sale of “securities” not in ownership The term “securities” shall mean convertible bonds, bonds with warrants, participating bonds, or exchangeable bonds, equity securities, beneficiary certificates (commonly known as unit trust), derivatives and depository receipts. (Subparagraphs 1 through 4 of Article 208-1 of the Presidential Decree) According to Article 180-2 of the Act, exceptional cases are as follows: - Where the securities sold are less than or equal to the securities available from a purchase transaction with the same (or earlier) settlement date Effective 30 August 2012, investor with short-sale position equal to or over 0.5 percent of the outstanding listed shares (including preferred shares if any) will be required to make a public disclosure via Exchange. In case the value of the short sale position is over KRW 1Billion, the short-sale position reporting will be required regardless of the short-sale position ratio., will be required to make a public disclosure. Subsequent reporting must be submitted on a daily basis should the threshold continue to be more than 0.01 per cent of the outstanding shares. Short Selling Breaches
FSC decided to apply a temporary ban on short-selling of all listed stocks in the KOSPI, KOSDAQ and KONEX markets until June 30, 2024. From July 1, 2024, short-selling will be allowed only for large-cap stocks that make up KOSPI200 and KOSDAQ150 indices. | ||||||
Turn-around Trades | Same day turnaround transactions, also known as “day trading,” is permitted in Korea for same day value under the same IRC holder as long as the sale is made after the purchase of the stock and the number of the shares sold is within the purchased amount. | ||||||
Clearing Agents | Korea Securities Depository (KSD) | ||||||
Depositories | Korea Securities Depository (KSD) According to the Regulation of the Financial Services Commission, all KSD eligible securities acquired by foreign investors must be deposited in scripless form with the Korea Securities Depository, the central securities depository in Korea, via a KSD participant.
Foreign investors are required by law to safekeep and settle all eligible securities through the KSD. 100% of listed equity and bonds lodged in the KSD are held in dematerialised form in line with the introduction of electronic securities in Sep 2019. | ||||||
Bank for International Settlements (BIS) Settlement Model | BIS is an international organisation which fosters cooperation among central banks and other agencies in pursuit of monetary and financial stability. The Committee on Payments and Market Infrastructures (CPMI)uses three common structural approaches, or models, to categorise the links between delivery and payment in a securities settlement system. For Bonds, it is based on BIS Model 1, - systems that settle transfer instructions for both securities and funds on a trade-by-trade (gross) basis, with final (unconditional) transfer of securities from the seller to the buyer (delivery) occurring at the same time as final transfer of funds from the buyer to the seller (payment). | ||||||
Registration Process | Book-Entry: Shareholder rights on securities are protected based on settled positions. On settlement date, shares deposited with the KSD are transferred by book-entry. Book-entry shares are registered in KSD's nominee name. | ||||||
Registrar | There are three official registrars - the Korea Securities Depository (KSD), Hana Bank and Kookmin Bank. Shares may be physically withdrawn in Korea, in which case they must be registered by the registrar under the investor's own name. However, foreign investors are required to keep their shares in the KSD in book-entry form and are not permitted to withdraw them in physical form. | ||||||
Registration Period | In case of registration of scriptless stocks, registration occurs immediately upon settlement via INSET system of KSD. In case the physical stock has its registrar designated to either of these three registrars (KSD, Hana Bank and Kookmin Bank), then it takes about one business day to register on the “shareholder’s book” or on the “bondholder’s book.” The decisive date for the change of ownership for physical securities held by foreign investors is bestowed on the date when the holder of the securities makes a “name transfer” on the“shareholder’s book” or “bondholder’s book.” |
Disclosure Requirements | Share holdings may be required to be disclosed by the beneficial owner, particularly when holdings reach or exceed prescribed disclosure limits. Investors must ensure that they comply in full by reporting such holdings to the appropriate organisations for this market, within the timeframe required. If you have any questions regarding this issue we encourage you to consult your legal counsel.
Usually an affiliated company is one in which the major shareholders have a 30% or greater shareholding (i.e. sister, parent, or subsidiary companies). However, irrespective of the level of shareholding, if one company has 'de facto' control over another, the two entities may be deemed to be related.
Effective February 1, 2020, if the shareholding purpose is not to exercise influence over the company's management, the shareholder will submit the substantial disclosure report for the purposes of simple portfolio investment / simple report. This simple report is further subdivided into 'simple investment' and 'general investment'. Simple investment is when the shareholders exercise the rights entitled by the law, regardless of shareholding ratio. A shareholder may file the report by the tenth of the following month. General investment is when the shareholders proactively engage in shareholder activities, such as the improvement of dividend policy and the enhancement of director’s qualification, rather than shareholding activities for simple investment. A shareholder may file the report by the tenth of trade date. | ||||||||||||||||||||||||||
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Buy-Ins | There are two types of settlements in Korea, namely, “Market Settlement” (Settlement between Exchange and Brokers) and “Institutional Settlement” (Settlement between Brokers and Custodians)
Any settlement failure charges can be passed onto the investor at the broker's discretionary. | ||||||||||||||||||||||||||
Securities Lending | Foreign investors may participate in securities borrowing/lending transactions using the KSD, Korea Securities Finance Corp (KSFC), or a securities company as the intermediary. Under the Foreign Exchange Transactions Regulation, foreign investors have to submit a one-off report to the Bank of Korea (BOK) for the initial borrowing over KRW30 billion worth of securities from residents within three business days from the date it exceeded the limit (inclusive). For any subsequent changes in borrowing over KRW30 billion worth of securities from local residents, foreign investors must submit the report by 10th of the following month to the BOK. Foreign investors are allowed to use foreign securities (T-Bills, T-Notes, T-Bonds) and foreign currency (US dollars) as collateral when borrowing Korean securities. This became effective May 2008.
The KSD is allowed to cancel a loan contract under the condition that the cancellation is performed on the same day of the loan execution date and this is requested under an agreement between the lender and the borrower.
Stocks having foreign ownership limits are only permitted to be traded between foreign investors. | ||||||||||||||||||||||||||
Compensation Fund | Guarantee Fund The Korea Exchange (KRX) assumes responsibility for the settlement of all securities trades and liability for damages incurred due to any breach of trading contracts by a member. The KRX's JCF is used to make good any damages stemming from unsettled transactions. Members may be jointly liable for damages. There are two types of memberships at the KRX, namely, securities trading members and futures trading members. Each type of member is obliged to contribute to the JCF according to its market. That is, securities trading members must contribute to the JCF of stock market and KOSDAQ market divisions, and the futures trading members must contribute to the JCF of the futures market division. This paper will elaborate on the JCF of the stock market and KOSDAQ market divisions of KRX. According to Article 8 of the members regulations of the KRX (hereafter ‘the regulation’), members of the KRX must contribute and deposit towards the JCF and deposit guarantee fund as outlined in Article 23-1 and Article 31 of the regulation, respectively. The fund is administered by the KRX and the size of the fund is limited to the maximum reserve of KRW200 billion. When the reserve reaches its maximum limit, the deposit of guarantee is temporarily suspended. When the fund drops due to compensation payments, the guarantee deposits resume until the fund is restored to its maximum limit. If the member's registration is subsequently cancelled, the balance of any unutilised funds will be refunded to the member. Deposit of Joint Compensation Fund According to Article 24 of the regulation, securities members must make the following contributions towards the JCF.
Purpose of Joint Compensation Fund According to Article 25 of the regulation, the KRX will use the Entrustment Guarantee Funds, Deposit Guarantee Funds or the deposited JCF of the member responsible for any damages caused by breaching the trading contract. In case this is not enough to cover the damages, the remainder will be covered by JCF of other members according to the pro rata basis proportionate to the amount they have deposited in the JCF. If the amount in the JCF is still insufficient to cover a compensation payment, the KRX makes up for the difference with their Settlement Deposit Fund or its own assets. If a member's registration is cancelled, the KRX will, after deducting any used amount, refund the balance in the JCF deposited by that member. Guarantee Deposit Fund According to Article 31 of the regulation, members of KRX must deposit a Guarantee Deposit Fund, which the deposit amount is decided at the Board of Directors with a minimum deposit of KRW 1 million limit. The fund management and administration will be up to the discretion of the KRX as deemed necessary. | ||||||||||||||||||||||||||
Anti-Money Laundering | Investors must comply with "Know your Customer” requirements, which were introduced to meet international standards for the prevention of money laundering and fraudulent acts in the financial markets.
Investors should ensure that they provide all details required by the regulators in order to ensure prompt account opening. |
Market Entrance Requirements | This is a Beneficial Owner market. Please contact your RBC Investor Services' Client Manager before making portfolio investments.
All foreign investors should ensure that the name on the IRC is exactly the same as that which appears on the official document, which is the proof of establishment provided for the IRC application and used in all aspects of trading.
Holders of equity-linked securities issued by Korean companies in overseas markets (e.g. convertible bonds, bonds with warrants, exchangeable bonds, depository receipts) do not require an ID if the security is to be sold within three months of conversion. Qualified investors can apply directly to the broker for exemption to entrustment deposit requirements. Most Foreign Institutional Investors are exempted from the entrustment deposit requirements; however, a cautious broker may require further information for the credit review. Only a copy of the investor's ID card is required. IRC requirement will be abolished from 14 December 2023. For existing investors with IRC must continue to use its IRC number even after the abolishment and existing obligation of keeping their IRC profile up-to-date still remains. For those foreigners entering Korea market on and after above effective date for the first time and do not have IRC number can use its valid LEI number instead for account opening and investing in the market. |
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Investment Restrictions | Since May 1998, foreign investors have been allowed to purchase up to 100%, in aggregate or individual, of the shares in any listed company, except for a few industries that are deemed of national importance. List of Foreign Ownership Limit (FOL) can be retrieved in real time basis via KRX website (http://data.krx.co.kr/contents/MDC/MDI/mdiLoader/index.cmd?menuId=MDC0201). |
Repatriation Policy | The following guidelines apply to Foreign Investors (FIs):
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FX Regulations | Previously foreign investors could only purchase KRW for securities investment only when a “real demand” for the KRW had been established, e.g. once their settlement instructions have been matched with the broker. Effective from December 17, 2007, the restriction was removed, therefore foreign investors are permitted to purchase the Korean won at any time without any underlying securities transaction, and they may choose to fund a securities purchase trade, keep it as cash balance or convert it into a foreign currency and repatriate the funds as long as there is no overdraft in the cash accounts. |
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Payment Systems | The most commonly used payment system in the market for securities transactions is BOK-Wire. BOK-Wire is owned and operated by the Bank of Korea. It is an online network that connects the BOK with the financial institutions to allow transfer of funds on a real-time gross basis. It provides settlement finality for almost all transactions, from large value foreign exchange transactions of banks to interbank settlement of individuals' small value ATM transactions. |
Overdraft Permitted | Overdrafts are not permitted to foreign investors as stipulated in the regulations. However, the Korean government has amended the Banking Act to allow loans to foreign investors effective from November 18, 2010. However, the sub-acts and regulations related to how this should be guided has not been released yet. |
Dividend Process | Stock dividends | ||||||
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Dividend Payment Frequency | Quarterly, semi-annual or annual. Record date is typically December 31 (around 80% of issuing companies in Korea have their book-close date on December 31). The dividend ratio is based upon the market value instead of per value. | ||||||
Interest Payment Frequency | Quarterly, semi-annual or annual. | ||||||
Interest Accrual Rate | Actual/365-day basis | ||||||
Corporate Actions |
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Additional Information | Most corporate actions occur in March/April. Currently, English disclosure is not mandatory requirement for listed companies and more than 80% of companies listed on KOSPI make their disclosure in Korean only. In this regard, FSC announced on 25 January 2023 that starting from 2024 and in phases, English disclosure within three days upon Korean disclosure via KRX will become mandatory requirement. However, FSC added that the foreign investors should remain cautious before making any investment decisions since Korean should be prioritized to English when the disclosure in Korean and English appears inconsistent due to mistranslation etc.
On 31 January 2023, Financial Services Commission (FSC) and relevant authorities announced plans to improve current dividend payout system by separating record dates and amending quarterly dividend procedure. It is not a must for listed companies to change its current practice but the ultimate goal is to align the current dividend payout process like global standard where setting record date after the actual decision is made at the AGM or Board meeting. | ||||||
Protection of Rights | Entitlements are based on the settled positions as of record date, and not on traded positions. |
Foreign Investor Restrictions | Unrestricted voting rights. |
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Shares Blocked | Shares are not blocked for sale in the process of exercising the votes. |
Meeting Notices/Agendas | Provided in Korean by the companies from which the subcustodian translates a summary of the agenda into English. Annual general meetings and extraordinary general meetings are officially announced two weeks in advance and are typically convened by boards of directors. Shareholders owning more than 3% of the outstanding shares are also allowed to convene |
Meeting Outcome | Available on the day after the meeting (published in the Stock Market newspaper). |
Company Reports | On request, subject to availability. |
Power of Attorney | Required. |
Other | Shareholders are entitled to vote based on the number of settled position as of record date. |
Dividend Tax Rate | Standard rate of 22%. However, for foreign investors residing in a country where there is a double taxation treaty (DTT) signed with the Korean government, then such investors will be able to benefit the reduced tax rate in accordance to the DTT upon submission of necessary tax application document to the withholding agent (i.e. local custodian bank) prior to dividend payment. | |||
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Interest Tax Rate | Standard rate of 22% for cash balance. However, non-residents’ standard withholding tax rate on interest income derived from bonds is 15.4%. In addition, for foreign investors residing in a country where there is a double taxation treaty (DTT) signed with the Korean government, then such investors will be able to benefit the reduced tax rate in accordance to the DTT upon submission of necessary tax application document to the withholding agent(i.e. sub-custodian bank) prior to interest payment. With effective from 01 January 2023, non-resident foreign corporate may benefit from tax exemption on the interest and capital gains derived from Government Bonds (GB) and Monetary Stabilization Bonds (MSB) upon submission of required documents With effective from 23 February 2023, in case of the total amount of tax to which non-taxation or exemption under DTT applied is KRW 1 billion or more including cases for the past 1 year from the last day of the month in which the payment date of domestic source income to which non-taxation or exemption is applied, below additional supporting documents must be submitted in order to enjoy tax exemption by corporate type investors. | |||
Capital Gains Tax Rate |
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Tax Treaties |
The above list of countries with tax treaties with South Korea (based on NTS site on 13 Sep 2023). | |||
Stamp Duty | None | |||
Other Taxes |
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