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News & Analysis

New Financial Service Authority Regulation on Peer-to-Peer Lending

06 September 2022 by Makarim & Taira S - Indonesia

The ever-growing industry of Peer-to-Peer Lending (“P2P Lending”) has driven the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) to issue OJK Regulation No. 10/POJK.05/2022 on Technology-Based Collective Financing Services, which came into force on 4 July 2022. The regulation provides more detailed and extensive provisions to cater with the rapid development of the industry. This advisory serves as a brief introduction to the regulation, in order to gauge the new regulatory framework for P2P Lending and how it differs from its predecessor, including the transition period for existing P2P Lending Providers to comply with the new requirements under this regulation.

News & Analysis

Recent Changes to the Scope of Available Discovery in International Arbitration

05 September 2022 by Jipyong - South Korea

Corporations often turn to arbitration to manage risks of being hauled into unfamiliar national courts and unpredictable laws. An often overlooked consequence of choosing arbitration is that available discovery may be limited, as a trade-off to efficiency and cost-saving. But in many civil law jurisdictions such as South Korea, discovery practice may be more limited than arbitral proceedings seated in common law jurisdictions or governed by their laws. In this regard, discovery in U.S. litigation stands out unparalleled.

News & Analysis

LG Energy Solution’s IPO and Listing on the Korea Exchange’s KOSPI Market

26 August 2022 by Kim & Chang - South Korea

Kim & Chang acted as counsel for LG Energy Solution in its IPO to list its shares on the Korea Exchange's KOSPI Market. LG Energy Solution is one of the global leaders in the rechargeable battery industry with production and R&D networks around the world.

News & Analysis

Update on the Terms of Domestic Non-Deliverable Forward Transactions Under Indonesian Law

18 August 2022 by Makarim & Taira S - Indonesia

Bank Indonesia recently updated its regulation on domestic non-deliverable forward (DNDF) transactions. Bank Indonesia Regulation No. 24/7/PBI/2022 on Foreign Exchange Market Transactions (“BI Reg. 24/7/2022”) replaces the previous regulation on DNDF, BI Regulation No. 20/10/PBI/2018 (as amended). BI Reg. 24/7/2022 makes some noteworthy amendments on the DNDF terms and introduces new thresholds and provisions on DNDF transactions. This Advisory covers the salient key points that banks and business actors need to note in the new BI Reg. 24/7/2022.

News & Analysis

Financial Regulation Innovation: Policy Direction of FSC

16 August 2022 by Lee & Ko - South Korea

Lee & Ko’s Digital Finance Team takes a close look at the establishment of the Financial Regulation Innovation Council, the direction of the financial regulation innovation announced by the Financial Services Commission, and the points to consider in relation to future improvements to financial regulations.

News & Analysis

Regulation of Digital Assets – Now and Future

01 August 2022 by Jipyong - South Korea

The digital asset market was recently hit by the Terra (LUNA) crash and the Celsius withdrawal freeze. It was further shaken by the global economic downturn and austerity measures. With 5.58 million cryptocurrency investors and 1,256 listed cryptocurrencies, and average daily cryptocurrency transactions amounting to KRW 11 trillion, Korea’s KRW 55 trillion digital asset market was hardly unaffected by this crisis. Consequently, the need to enact laws on digital assets has become ever more crucial.

News & Analysis

Han Kun releases its 2021 VC/PE Deal Data Analysis Report

19 July 2022 by Han Kun Law Offices - China

Biomedicine remained the No.1 investment destination, FIE structures increasingly favored by dealmakers in onshore transactions Han Kun Law Offices has released the Han Kun 2021 VC/PE Deal Data Analysis Report (English edition, the “Report”).

News & Analysis

Regulation on The Taxation of Financial Technology Implementation Services

13 July 2022 by Makarim & Taira S - Indonesia

In order to provide clarity regarding the tax obligations of financial technology providers and users in Indonesia, Indonesia’s Minister of Finance (“MOF”) issued MOF Regulation No. 69/PMK.03/2022 on the Income Tax and Value Added Tax on the Organization of Financial Technology (“MOF Reg 69/2022”) on 30 March 2022, which came into force on 1 May 2022. This regulation mainly covers Income Tax on Peer-to-Peer and Value Added Tax on financial technology service transactions.

News & Analysis

DTR Automotive Corporation’s Purchase of Stake in Doosan Machine Tools from MBK Partners

12 June 2022 by Kim & Chang - South Korea

In this transaction, MBK Partners successfully exited from its investment in Doosan Machine Tools, while DTR Automotive Corporation was able to diversify its business via its acquisition of the company.

News & Analysis

汉坤争议解决简报︱Dispute Resolution Trends in China

17 May 2022 by Han Kun Law Offices - China

On April 22, 2022, Chengdu International Commercial Court was officially established. It is the third international commercial court in China after the establishment of the Suzhou International Commercial Court and the Beijing International Commercial Court, and exercises centralized jurisdiction over the first instance proceeding of all foreign-related civil and commercial cases that should have been heard by intermediate people’s courts within Sichuan Province.