Chapter 1 Common Provisions
Article 1 (Purpose of this Article)
These Articles are intended to establish provisions for particulars (mentioned in Paragraphs below of this Article) between a customer and Mirae Asset Daewoo Co., Ltd. (hereinafter referred to as ¡°Company,¡± ¡°It,¡± or ¡°Its.¡±)
- 1. To establish provisions for rights and obligations between Company and a customer arising from opening an account that shall be basically instrumental in his making a transaction with Company.
- 2. To establish provisions for a customer¡¯s use of financial services that Bank shall provide via his securities account. It shall be required that his real name be verified prior to opening his securities account. Company shall enter into a contract with an associated financial institution (¡°hereinafter referred to as Associated Bank¡±) and appoint Associated Bank as an agency that shall perform such verification services.
- 3. To establish provisions for rights and obligations between Company and a customer arising from a CMA (a cash management account with a repurchase agreement) service whereby an automatic investment, as in repurchase agreements, is made.
- 4. To establish provisions for a customer¡¯s opening of his account for financial services, whose transactions are limited by Company to debt securities, beneficiary certificates, investment contract securities, derivative linked securities, and repurchase agreement (under Article 4 of ¡°Capital Market and Financial Investment Business Act.¡±)
Article 2 (Definitions)
- ¨ç ¡°Main Account¡± means an account that a customer creates to enable one or more connected accounts to share its means of access, such as means of transaction, seal, signature, and password (hereinafter referred to as ¡°Means of Access.¡±)
- ¨è ¡°Separate Account¡± means an account that a customer establishes to maintain and manage its means of access separately from other accounts.
- ¨é ¡°Associated Bank¡± means an associated financial institution with which Company has entered into a contract, under which Company has appointed it as agency that shall perform the task of (1) opening a customer¡¯s securities account or (2) processing deposit and withdrawal statements.
- ¨ê ¡°Linked Account¡± means a virtual account in Associated Bank that is linked to a customer account in Company.
- ¨ë ¡°Transfer Withdrawal Bank¡± means a financial institution that is designated to withdraw money from a customer¡¯s account as instructed by a seller (hereinafter referred to as ¡°Seller,¡±) who has furnished him with products or services at a price that is equal to such withdrawal by Transfer Withdrawal Institution.
- ¨ì ¡°Automated Machine¡± means ATM (Automated Teller Machine) or CD (Cash Dispenser) that is installed and operated under Bank¡¯s supervision.
- ¨í ¡°Resale or Repurchase Agreement¡± means a transaction (purchase or sale) of securities together with an agreement for Company (purchaser or seller) to resell or repurchase the securities to a customer at a later date at a certain price.
Article 3 (Use of Account)
In order to start his financial transactions with Company, a customer shall open an account in compliance with its procedures. In case he opens multiple accounts, he shall choose either Main Account or Separate Account.
Article 4 (Application for Account Opening)
- ¨ç In his application for opening an account, a customer shall fill out an application form, affix his seal or put his signature thereto (hereinafter referred to as "Transaction Seal,¡±) and submit it to Company.
- ¨è A customer may use his existing account (hereinafter referred to as ¡°Existing Account,¡±) without opening a new account:
- 1. When he starts or closes a transaction available under Existing Account.
- 2. When his new transaction involves trading derivatives, whose transaction services are automatically registered with Existing Account.
- ¨é A customer shall file an application and open a new account:
- 1. When he starts a transaction with Company.
- 2. In case he has Existing Account,
- A. When he wishes to start a transaction unavailable under Existing Account.
- B. When he wishes to start a transaction available under Existing Account, using a different account.
Article 5 (Registration of Transaction Seal)
When a customer opens an account, he shall register Transaction Seal and use it in his transactions whenever required unless he opens an account in a financial institution or he applies for a batch opening thereof.
Article 6 (Registration of Password)
- ¨ç A customer shall register a password of 4 digit numbers, which shall not include such numbers as below:
- 1. Same numbers
- 2. DOB (Date of Birth)
- 3. A combination of consecutive numbers
- ¨è A customer shall not register a password for Linked Account apart from his password for Main Account and shall have a unique password for each Separate Account.
Article 7 (Application for Notice)
- ¨ç A customer may choose to either receive a notice of monthly statement and bank balance or reject it. When he wishes to receive a notice thereof, he shall file a notice method when applying for his account opening. Should he wish to change such method, he shall make a report thereof to Company¡¯s business offices.
- ¨è A notice method shall apply commonly to each connected account to Main Account.
- ¨é A customer shall file a form for postal delivery rejection in Company when he does not wish to receive a notice of monthly statement and bank balance. He shall renew a form therefor every two years whenever he wishes to extend a period of such rejection.
Article 8 (Notice of Monthly Statement)
- ¨ç A customer may choose to either receive a postal delivery of monthly statement and bank balance or reject it. His choice thereof shall be consistent among accounts connected to Main Account; however, it may differ among Separate Accounts.
- ¨è In case of a customer¡¯s account with a history of transactions, Company shall give notice of monthly statement, profit and loss, end balance, status of derivative product¡¯s outstanding balance, deposit balance, consignment guarantee money, etc. (hereinafter referred to as ¡°Monthly Statement¡±) by the 20th day of the following month. In case of his account with no history of transactions, Company shall give notice of end balance of the first or second half month by the 20th day after such half month. Company¡¯s notice thereof shall comply with notice methods as below agreed between Company and a customer (please be informed that this Paragraph does not apply to a transaction that is not processed or recorded in an account.) If he does not want a notice, Company may instead put such notice at its business offices or on its website, enabling him to check his monthly statements frequently. Company shall keep its record of his notice method prior to his transactions with Company.
- 1. By delivery of a written document
- 2. By telephone, telegram, or facsimile
- 3. By e-mail or other electric communications
- 4. By delivery of Monthly Statement via computer network of Korea Securities Depositary (in case of a customer who subscribes to clearing services of Korea Securities Depository.)
- ¨é A notice of Monthly Statement or a notice of end balance of the first or second half month shall be effectuated:
- 1. When Company puts a notice thereof in business offices in order to notify a customer (upon his request) after a delivery of such notice is returned more than two times.
- 2. When Company puts a notice thereof of in business offices in order to notify a customer (upon his request), whose deposit (with no history of transactions for half a month) has an appraised value (at the end of the first or second half month) that does not exceed a minimum sum set by the Chairman of Financial Supervisory Service.
- 3. When a customer uses his bankbook for his transaction and checks his Monthly Statement occasionally.
- ¨ê Company shall be able to give notice of such information as in Paragraph 2 above whenever necessary; e.g., it can give notice when directed by any supervisory authority.
- ¨ë Company, as long as it is unattributable to such loss, shall not be responsible for any loss arising from a customer¡¯s failure to fill in his address correctly or notify his address change.
Article 9 (Use of Means of Transaction)
- ¨ç A customer shall be supplied with transaction means below when applying for his account opening:
- 1. Securities cardM
- 2. Connected card
- 3. Associated card
- 4. Bankbook
- ¨è Securities card is a basic transaction means that can be used for a transaction at Company¡¯s business office and at ATM.
- ¨é Connected card is a card whose account number is additionally registered with Company¡¯s account. This card can be used for a transaction at ATM.
- ¨ê Associated card is a card that, in association with other financial institutions, consolidates the add-on functions of a connected card, a credit card, and a debit card. Its registration and payment shall comply with instructions below:
- 1. A customer with an associated card shall register its use with Associated Bank or Company¡¯s business office. In the absence of his registration thereof and therewith, he shall not be able to withdraw money from his deposit balance in Company¡¯s account.
- 2. Company shall be able to withdraw money (on a designated date) from its customer¡¯s deposit account and pay for a credit card bill by Associate Bank.
- ¨ë Bankbook is a transaction means where Monthly Statement is recorded. It can be used for a transaction at ATM.
Article 10 (Withdrawal and Transfer of Deposit)
- ¨ç If a customer wishes to withdraw money in his account, he shall present means of transaction, along with Transaction Seal registered in his application form, to Company¡¯s business office. A customer who has entered a separate agreement with Company to the contrary, however, shall be able to withdraw money without presenting them, pursuant to Company¡¯s procedures contained in such agreement.
- ¨è Company shall pay a customer a requested sum of money when it confirms his presented means of transaction and Transaction Seal and may require additional his personal indemnification, if necessary.
- ¨é If a customer has elected to open Main Account for his account management system, fund transfers between Main Account and other connected accounts shall be qualifiedly available with no further agreement thereon.
Article 11 (Report of Accident and Change)
- ¨ç If a customer learns that his means of access is lost or stolen, he shall immediately report it to Company by calling Company by phone or visiting its business office. If Associated Bank¡¯s credit card is lost or stolen, however, he can directly report it to Associated Bank or a credit card company.
- ¨è A customer wishes to change his Transaction Seal, password, etc., he shall report it to Company.
- ¨é Company shall not be responsible for any loss (unattributable to Company) arising from a customer¡¯s failure to report such accidents as shown in Paragraph 1 above or his negligence of reporting them.
Article 12 (Occasional Closing of Account)
- ¨ç If a customer wishes to close his account in Company, he shall file an application therefor in Company.
- ¨è Closing Main Account means closing all other accounts connected to Main Account. In order to maintain a transaction account, he shall not be able to close Main Account.
Article 13 (Consolidation and Closing of Account)
- ¨ç If a customer has an account whose (1) total sum of deposit assets (including cash and financial investment products) is equal to or below KRW (Korean Won) 100,000 and whose (2) history of transaction, withdrawal, and deposit has ceased to exist, Company shall be able to manage such account as a consolidated account separately from other accounts. Main Account shall be exempt from becoming a consolidated account, however, as long as any connected account thereto has a history of transaction, withdrawal, and deposit within recent 6 months.
- ¨è Company shall be able to close a customer¡¯s account if (1) six months has passed since the total sum of his deposit assets (including cash and financial investment products) became zero or (2) he requests such closing. Main Account shall not be closed, however, as long as any connected account satisfies neither condition (1) nor (2) above.
Article 14 (Amendment of Articles)
- ¨ç If Company wishes to amend any part of this Act, it shall post a notice of such amendment thereto at its business offices, on its website, on website of online stock trading, or on other electronic communications media (hereinafter referred to as ¡°Electronic Communications Media¡±) at least for one month before such amendment shall be effectuated. Should such amendment contain any provisions against his interest, Company shall deliver a written notice of such provisions to him.
- ¨è If a customer raises no objection thereto within one month after such notice is delivered or posted, he is presumed to have agreed to such amendment.
- ¨é Company shall put or post a notice of its Act at its business office and deliver it to a customer upon his request. It shall also post a notice of its Act on its website, website of online stock trading, or on Electronic Communications Media so that he may check and download (or print out the screen of) its Act.
Article 15 (Prohibition of Transfer and Pledge Establishment)
A customer shall not be able to transfer his Means of Transaction to a third person or furnish it as security for pledge establishment, unless he has agreed with Company to the contrary.
- ¨ç If a customer opens an account in Company and subscribes to its financial product, a user agreement between the two parties shall prevail over these Articles.
- ¨è In the absence of a provision for a particular in these Acts, any provision therefor contained in other related law or agreement shall prevail. In the absence of such provision in other related law or agreement, ordinary commercial practice shall prevail.
- ¨é As to an electronic financial service under these Acts, ¡°Electronic Financial Transaction Act¡± or ¡°BESTez Service Act¡± shall prevail.
Article 17 (Arbitration of Dispute)
Should a dispute arise between Company and a customer, he shall be able to demand its resolution from Company¡¯s Customer Service Center or file an application for an arbitration of dispute in Financial Supervisory Service or Korea Financial Investment Association, etc.
Article 18 (Notifying the change to the customer)
A customer shall immediately notify any change in his information, such as his address, contact information, the scope of his entrustment and Company¡¯s representation. Company shall not be responsible for any loss (unattributable to Company) arising from his failure to notify thereof or negligence in such report.
Article 19 (Effectuation of Notice)
- ¨ç A written notice shall be effective when received by a customer. If a written notice or other document is undelivered or delayed due to his negligence in reporting his information change as mentioned in Article 18 above, the delivery thereof shall be effectuated after a lapse of regular delivery time unless a written notice containing his rights and obligations is not delivered via contents-certified and certified mail, in which case a delivery thereof shall not be effectuated thereafter but only presumed.
- ¨è Notwithstanding any part contained in Article 1 above to the contrary, an e-mail or other electronic notice shall be effective when dispatched or posted by Company under these Articles.
Article 20 (Responsibilities of Company)
Company shall NOT be responsible for any damages (unattributable to Company) specified below:
- 1. Damages arising from an error in a customer¡¯s direction, electronic operating system, or business processing
- 2. Damages arising from a fault attributable to a customer who has filed an application in Transfer Withdrawal (or Deposit) Bank for a financial service of withdrawing (or depositing) money from (or to) CMA.
- 3. Damages arising from Company¡¯s unintentional or non-negligent act (Company shall include discretional investment fund managers, corporate board members, and employees, for the purpose of this Article.)
- 4. Damages arising from an affirmative act or nonfeasance of a third person entrusted by Company.
- 5. Damages arising from force majeure (including natural disaster and war) that has induced Company¡¯s inability to perform contract or delay in its performance, system failure or interruption, etc.
- 6. Damages arising from failure or fault in Associated Bank¡¯s ATM that has induced a delay or interruption of financial services.
- 7. Damages arising from loss, forgery, falsification of Transaction Seal:
Unless Company knows or has reason to know loss, forgery, or falsification thereof, it shall not be responsible for any damages arising from loss, forgery, or falsification of Transaction Seal even though it accepts a person¡¯s request to withdraw money or exercise other right after having cautiously compared and authenticated his offered password and Transaction Seal that is fixed to a withdrawal application and other papers.
- 8. Damages arising from service restrictions imposed by other laws or from other legal constraints.
Chapter 2 Opening of Securities Account Online with Associated Bank
Article 21 (Special Provisions)
- ¨ç Only a domestically residing individual is eligible to open a securities account online with Associated Bank. Such eligibility is subject to change according to corporate conditions.
- ¨è Until such customer¡¯s real name is verified, Company may temporarily restrict part of transactions of a customer who has opened a securities account with Associated Bank.
Article 22 (Opening and Closing of Securities Account with Affiliated Bank)
- ¨ç A contractual period for Associated Bank¡¯s service of opening a customer¡¯s securities account shall be effective on an opening date, lasting until a closing date.
- ¨è A customer shall fill out an application form prepared by Company, file it in Associated Bank¡¯s business office, and have his real name verified. A contract for Associated Bank¡¯s service shall be effectuated upon Bank¡¯s approval of his real name notified by Associated Bank.
- ¨é If a customer wishes to close his securities account, he shall visit Associated Bank and make application therefor.
Article 23 (Bank Transfer)
- ¨ç A customer who has opened a securities account with Associated Bank shall be able to deposit (or withdraw) money in (or from) the account that is connected to Bank¡¯s securities account.
- ¨è Methods of a bank transfer are given below:
- 1. Company shall set its business hours for bank transfer and post a notice of the hours at its business offices or on its website. A notice of any change thereof shall be posted in the same manner.
- 2. Company shall be responsible to pay for any fees that may be charged in a transfer transaction between its own account and Associated Bank account. If it wishes to impose fee charges on a customer, Company shall notify him of a standard therefor at least one month prior to the effectuation thereof. If he notifies his dissent from such charge, Company shall be able to cancel.
- 3. If a transfer from a customer¡¯s account is not effectuated during business hours due to its insufficient fund or past withdrawal accident, his application for such transfer shall be automatically invalidated. If a transfer is prohibited by a network failure of Korea financial Telecommunications & Clearing Institute, Bank shall resume such transfer after its recovery and notify him thereof immediately.
Chapter 3 Mirae Asset Daewoo CMA (with RP agreement) Services
Article 24 (Services)
Mirae Asset Daewoo CMA (with RP agreement) Services are specified below. A corporate customer may have limited services:
- 1. A service, whereby a customer¡¯s deposit (or withdrawal) in (or from) CMA is automatically processed to purchase (or resell) securities. CMA may have a different purchasing method according to its type, and Company shall notify a customer thereof prior to his application for the service.
- 2. A service for a credit and a debit card
- 3. Credit Loan Brokerage Service: A service, whereby a customer (who has signed a loan agreement with a loan institution) uses his CMA in order to (1) withdraw or repay his loan and (2) pay an interest thereon. He shall comply with a loan institution¡¯s own credit loan Articles.
- 4. Other CMA services
Article 25 (RP Securities)
- ¨ç Securities qualified for RP transactoin (hereinafter referred to as ¡°RP Securities¡±) are listed below, as determined and promulgated by Financial Services Commission:
- 1. Guaranteed bond
- 2. Bonds listed below that are either offered or sold:
- A. Non-Guaranteed bond
- B. Bond issued by a public institution under ¡°Operation of Public Institutions Act¡±
- C. Bond issued by a local public enterprise under ¡°Local Public Enterprises Act¡±. Local public enterprises
- D. Asset-backed securities issued by a trustee under Article 32 of ¡°Asset Securitization Act¡±
- E. Mortgage-backed securities under Article 2, Paragraph 1.4 of ¡°Mortgage-Backed Securitization Corporation Act¡±
- F. Mortgage-backed securities under Article 2, Paragraph 5 of ¡°Korea Housing Finance Corporation Act ¡° and student loan securities under Article 2, Paragraph 7 of the same Act
- ¨è Securities that qualify for RP Securities (hereinafter referred to as ¡°RP Securities¡± shall meet all the requirements listed below:
- 1. RP Securities shall be marketable and marked to market daily by a securities rating agency, and
- 2. RP Securities shall belong to one of the following securities:
- A. 1. Securities that are rated as available for investment (as BBB or higher as for a corporate bond) by a credit rating agency, or 2. Securities that are rated as top 3 grades on a transaction date by a credit rating agency (in case of RP whereby a customer¡¯s deposits are automatically invested under an agreement between investment agency and investor.) When more than one agency rates such securities, a lower rating thereof shall be adopted.
- B. Securities that are issued or guaranteed by a financial institution designated as qualified by the Chairman of Financial Institution of Financial Supervisory Service, or
- C. Securities that are guaranteed by the government or the local government
Article 26 (Deposit and Automatic Purchase)
Company shall handle cash deposits in a customer¡¯s CMA as below:
- 1. A customer¡¯s deposit made prior to automatic purchase hours shall be regarded as his application for RP purchase and shall be processed to purchase RP Securities automatically and deposit them into his CMA during Company¡¯s designated business hours. A customer¡¯s deposit made subsequent to automatic purchase hours shall be processed to purchase RP Securities in the same manner as above during Company¡¯s automatic purchase hours of the following business day. If the amount of his cash deposit is lower than a minimum amount designated by Company, such deposit shall be regarded as mere deposit (unavailable for RP purchase.)
- 2. The earnings rate of RP shall be based on the earnings rate of CMA RP that shall be announced by Company on the automatic purchase date.
- 3. RP shall be resold automatically on a maturity date and shall be totally reinvested in RP Securities during automatic purchase hours of the same date.
- 4.Notwithstanding any part contained in Article 1 above to the contrary, Company shall treat a customer¡¯s total deposit as a mere deposit (unavailable for RP purchase) at its own discretion when necessary as below, in which case it shall immediately give notice of such treatment to its business offices and posit it on internet website:
- A. When Company is unable to purchase RP Securities under related laws or the direction of a supervisory institution, or
- B. When Company is unable to purchase RP Securities due to insufficient supply thereof, or
- C. When Company finds such treatment necessary in order to protect his assets.
Article 27 (Withdrawal and Automatic Repurchase)
- ¨ç The total amount available for a customer¡¯s withdrawal from his CMA shall be equal to the sum of (1) the total value of his cash deposit and (2) the total value of RP Securities on an appraisal date. In order to satisfy his request for cash withdrawal therefrom, Company shall pay his requested amount from his cash deposit and then from proceeds from an automatic resale of RP Securities in chronological order of their purchase.
- ¨è A customer shall be able to have his RP Securities resold indirectly by requesting for cash withdrawal from his CMA or directly by ordering his RP Securities resold.
Article 28 (Repurchase or Resale Price)
- ¨ç Repurchased or resale price shall be computed (with a cutoff below a monetary unit of KRW 1) as below:
Repurchase (or resale) price = original sale (or purchase) price of RP Securities under RP agreement * {1 + number of interest accrual days/365*a daily interest rate of RP sale (or purchase.)
- ¨è Interest charges on original RP Securities (withholding tax deductible therefrom) shall be calculated in repurchase (or resale) price under Article 1 above.
- ¨é In order to calculate a daily interest rate as shown in a formula under Paragraph 1 above, Company shall comply with an interest rate under Article 29 below. Interests on RP Sale (or Purchase) shall accrue from the next day after original sale (or purchase) to repurchase (or resale) day.
Article 29 (Notice of Interest Rate)
Company shall put or post a notice of a table of interest rates that shall be imposed on repurchased or resold RP Securities at its business offices or on its website.
Article 30 (Notice of RP Transaction)
- ¨ç Once Company¡¯s RP transaction with a customer has been formed, Company shall immediately notify an investor of following information as to such transaction:
- 1. RP Sale (or Purchase) price
- 2. The stipulated date of RP Repurchase (or Resale) or the number of interest accrual days
- 3. RP Repurchase (or Resale) price or its calculation method
- 4. Information as to RP Securities (including their type, issuer, issuance date, maturity date, coupon rate)
- 5. The market price of RP Securities and its credit rating (when applicable)
- ¨è Company¡¯s notification of RP transaction under Paragraph 1 of this Article above shall comply with Article 7 above.
Article 31 (Maintenance of Purchased RP Securities)
- ¨ç Upon a customer¡¯s request therefor, Company (as his trustee) shall be able to maintain his securities under RP agreement.
- ¨è Company in the custody of RP Securities under Paragraph 1 above shall not pay a customer any interests accrued on such RP Securities until they are repurchased.
- ¨é Company in the custody of RP Securities under Paragraph 1 above shall provide a customized service of calculating their market price every business day and maintain it above 105% of their repurchase price every business day.
- ¨ê If the actual market price of RP Securities above falls below 105% of their repurchase price under Article 3 above, Company in the custody of RP Securities under Paragraph 1 above shall immediately transfer an amount that is larger than such shortage to a customer¡¯s CMS. If their actual market price exceeds 105% thereof, Bank in their custody shall transfer an amount of such excess from his CMS.
Article 32 (Replacement of RP Securities for Resale)
- ¨ç Company in the custody of a type of RP Securities under Paragraph 1 of Article 31 above shall be able to make a replacement of them with another type (hereinafter referred to as ¡°Type Replacement¡±) as long as such transaction does not affect their repurchase.
- ¨è If Company wishes to make Type Replacement (under Paragraph 1 of this Article above) with another type (to Customer¡¯s disadvantage) which has a lower credit rating or whose market price (subsequent to such replacement) is likely to decline, it shall obtain his prior consent to such replacement in witting or by phone recording. Company shall be deemed to have acquired his prior consent thereto once it has acquired his prior consent in writing to the scope of such replacement.
- ¨é If Company (1) makes a shortage or an excess transfer under Article 31, Paragraph 4 above or (2) makes Type Replacement with another type under Paragraph 1 of this Article above, it shall immediately inform a customer of such Type Replacement, as well as information contained in Article 30, Paragraph 1.4 and 1.5. Company may dispense with such notification thereof when:
- 1. Company deposits RP Securities in Korea Securities Depository Deposit and maintains such adequate security therefor as inspected by Korea Securities Depository Deposit.
- 2. Company establishes a system that shall enable a customer to check up on information (as to RP Securities) regularly.
- ¨ê Notification of changes under Paragraph 3 of this Article above shall comply with Article 30, Paragraph 2 above.
- ¨ë Company shall be able to sell (under RP agreement) purchased RP Securities, in which case a date for repurchasing sold securities shall precede a date for reselling purchased securities.
Article 33 Credit (or Debit) Card Application and Use
- ¨ç A customer who has opened CMA with Company shall be able to apply for a credit (or debit) card to a credit card company, go through its screening process, and become a card member. He shall be able to make his credit card payment via account connected to his CMA or via his CMA that can process such payment.
- ¨è If a customer uses his credit (or debit) card and gets a payment approval, he shall be deemed to apply for cash withdrawal from his account. Such withdrawal shall be processed without any further notice under Article 27 above.
- ¨é Issuance and use of a credit (or debit) card shall comply with a user agreement prepared by an issuing company.
Article 34 (Service Fee Charges)
- ¨ç Company may charge CMA service fees on a customer. The amount of such fees shall be determined on its discretion.
- ¨è If Associated Bank charges service fees on its transaction with a customer who uses Company¡¯s service of CMA, Bank shall be able to withdraw a service fee amount from his CMA, keep it temporarily, and pay it to Associated Bank on a due date (according to its agreement with Associated Bank.)
Article 35 (Investment Risk)
- ¨ç RP Securities that are purchased automatically with a customer¡¯s CMA deposit shall not be protected under ¡°Deposit Protection Act.¡±
- ¨è Upon the occurrence of events specified below, Company shall immediately give notice thereof to a customer, who shall (in turn) be able to demand a repurchase of RP Securities or a delivery of them being kept by Company, who shall (in turn) comply with his demand by repurchasing RP Securities or delivering its securities whose value shall be equal to the repurchase price that shall be appraised on the delivery date. Due to certain market conditions, he may be subject to any trouble or loss in liquidating the delivered securities.
- 1. An event where the suspension of business has been imposed on Company by a clearing house or Company¡¯s bank or Company has acknowledged its insolvency in writing
- 2. An event where Company¡¯s has filed in court an application for bankruptcy or business rehabilitation proceedings
- 3. (1) An event where Company has agreed to transfer or sell all or part of its business for the interest of its creditors, (2) an event where (due to its insufficient fund) Company has agreed (or set to agree) with its creditors to defer its payment of the principal and interest, designate a third party to arbitrate, make a private negotiation with them, have a further discussion with them about its general management (including fund management,) or (3) an event where Company has convened its shareholders¡¯ meeting to pass a resolution and/or convened a conference with its creditors.
- 4. (1) An event where the conditions for Company¡¯s dissolution (that are stipulated under Company¡¯s certificate) have been met, (2) an event where a resolution approving its dissolution has passed in a shareholders¡¯ meeting, or (3) an event where Company has applied for a court order of its dissolution or demanded a court adjudication of its dissolution.
- 5. An event where due to its financial status, an administrative sanction against Company (such as suspension or cancellation of its business license) has been imposed by a bank inspection board.
- 6. An event where Company has been designated as insolvent financial institution under ¡°Deposit Protection Act¡± or ¡°The Structural Improvement of the Financial Industry Act¡±
- 7. An event where under related financial laws, Company¡¯s assets or its investors¡¯ assets have been transferred (or ordered to be transferred by a bank inspection board) to an administrator or a trustee in bankruptcy
- 8. An event where Company has applied for other similar procedures or the court has ordered a commencement or a preservative measure
Article 36 (Cancellation of Contract)
- ¨ç A customer shall be able to cancel his CMA agreement with Company in accordance with one of the methods (e.g., a method of filing a cancellation form in Company) determined by Company.
- ¨è Company shall be able to give notice to a customer and cancel its CMA agreement with him when:
- 1. A customer violates an essential particular provided for in these Articles.
- 2. A customer dissents from an amendment to these Articles.
- 3. A withdrawal accident occurs in a customer¡¯s CMA or such accident is registered with his CMA.
- 4. Company determines that continuing CMA service shall be impractical.
[Additional Rules]
This article has been enforced as of 7 May 2001.
[Additional Rules]
This article has been enforced as of 14 January 2002.
[Additional Rules]
This article has been enforced as of 6 March 2006.
[Additional Rules]
Article 1 (Name Change)
The name of the existing account articles shall be changed to 'center (single) account articles'.
Article 2 (Enactment Date)
This articles has been enforced as of 21 March 2008.
[Additional Rules]
This article has been enforced as of 4 February 2009.
[Additional Rules]
This article has been enforced as of 13 April 2009 after consolidating ¡®center (single)account articles¡¯, ¡®affiliation financial institution open account service articles¡¯ to the ¡®Mirae Asset Daewoo CMA (RP type) service use articles¡¯ and ¡®center (single)account articles¡¯.
[Additional Rules]
This article has been enforced as of 21 July 2009.
[Additional Rules]
This article has been enforced as of 22 March 2010 after consolidating ¡®center (single) account articles¡¯, ¡®Financial product account articles¡¯ into the ¡®center (single) account articles¡¯.