国内政策【切换】 国际政策

韩国-措施法-促进风险企业特别措施法实施日期 2001.11.25.（英文版）第4-9条

Article 4 (Investment in Funds for Venture Business)(1) A person administering funds falling under any of the following subparagraphs (hereinafter referred to as a “fund-administrator”) may make capital investment capital of less ratio than prescribed by the Presidential Decree, into venture businesses, or make contributions to the Investment Association, to the New Technology Project Investment Association, or to the Korea Venture Investment Association, according to the plans of administering funds:  <Amended by Act No. 5607, Dec. 30, 1998; Act No. 6101, Dec. 31, 1999>

1. Public funds under subparagraph 1 of Article 2 of the Framework Act on Fund Management, which are prescribed by the Presidential Decree; and

2. Funds of which establishment purpose is equivalent to that of other such funds as prescribed in subparagraph 1 above and which are prescribed by the Presidential Decree.

(2) With regard to investments to venture businesses or contributions made to the Investment Association, the New Technology Project Investment Association, or the Korea Venture Investment Association within the scope of plans of administering funds, the fund-administrator shall be deemed to have procured authorization, permission, approval, etc. in compliance with the provisions of relevant Act and subordinate statutes.

(3) Deleted.  <by Act No. 5607, Dec. 30, 1998>

(4) A person operating an insurance business pursuant to the provisions of Article 2 (1) of the Insurance Business Act may make an investment with the venture business or contributions to the Investment Association or the New Technology Project Investment Association within the scope determined by the Financial Supervisory Commission, notwithstanding the provisions of Article 19 of the said Act.  <Amended by Act No. 5529, Feb. 28, 1998; Act No. 5607, Dec. 30, 1998>

Article 4-2 (Organization and Operation of Korea Venture Investment Association)(1) A person who manages the funds for the establishment and promotion of a small and medium business under Article 41 of the Promotion of Small and Medium Enterprises and Encouragement of Purchase of Their Products Act (hereinafter referred to as the “funds for the establishment and promotion of a small and medium business”) may, notwithstanding the provisions of Article 46 of the said Act, organize the Korea Venture Investment Association (hereinafter referred to as the “Korea Venture Investment Association”) by entering into an investment contract with a person who falls under any of the following subparagraphs for the purpose of the investment in venture businesses:

1. A foreigner under Article 2 (1) 1 of the Foreign Investment Promotion Act;

2. A person who manages the funds under Article 4 (1) 1 and 2; and

3. Other persons as determined by the Presidential Decree.

(2) The person who manages the fund for the establishment and promotion of the small and medium business shall manage the assets of the Korea Venture Investment Association for the profits of investors with the care of a good manager according to the contents of the investment contract under paragraph (1).

(3) A person who manages the assets of the Korea Venture Investment Association under paragraph (2) shall use the funds of the Korea Venture Investment Association for the following activities:

1. Contributions to the Investment Association or the New Technology Project Investment Association;

2. Investments in the establishment of a small and medium business and in venture businesses; and

3. Businesses incidental to contributions under subparagraph 1 and investments under subparagraph 2.

(4) A person who manages the assets of the Korea Venture Investment Association under paragraph (2) may, in order to manage and operate its funds, entrust all or part of his duties to a person other than one managing the funds for the establishment and promotion of a small and medium business, through a contract. In this case, the trustee may be given a share of the investment profits within the scope of 20/100.

(5) If there is a loss to the Korea Venture Investment Association, the loss shall first be appropriated by a person managing the funds for the establishment and promotion of a small and medium business within the scope of the contributions made to the Korea Venture Investment Association, and the remainder, if any, shall be appropriated by a person referred to in any subparagraph of paragraph (1) according to the contribution ratio within the scope of the contributions.

(6) Matters necessary for the management and operation of the Korea Venture Investment Association and the allotment of the profits shall be determined by the Presidential Decree.

[This Article Newly Inserted by Act No. 5607, Dec. 30, 1998]

Article 4-3 (Establishment, etc. of Dasan Venture Company, Inc.)(1) The Government may establish the Dasan Venture Company, Inc. (hereinafter referred to as the “company”) to facilitate the establishment of venture businesses aimed at commercializing any new technology and knowledge and to support their growth or development.

(2) A person, who manages the fund for the establishment and promotion of small and medium enterprises, may invest in the company notwithstanding Article 46 of the Promotion of Small and Medium Enterprises and Encouragement of Purchase of Their Products Act.

(3) The State or a local government may give taxational support to the company in accordance with tax-related Acts and subordinate statutes.

[This Article Newly Inserted by Act No. 6195, Jan. 21, 2000]

Article 4-4 (Business, etc. of Company)(1) The company shall carry out any business falling under any of the following subparagraphs:

1. Business of finding and evaluating any new technology and the commercialization thereof;

2. Business of supporting any person who develops any new technology;

3. Business of making investments in any person and any venture business that commercializes any new technology;

4. Business of brokerage or agency of any new technology or industrial property right;

5. Business of providing any managerial and technical guidance to any person or venture business that commercializes any new technology; and

6. Other businesses incidental to any such business as prescribed in subparagraphs 1 through 5.

(2) The company may, if necessary to carry out its business, borrow funds from the Government, any Fund established by the Government or domestic and foreign financial institutions.

(3) The company may issue bonds to the extent of ten times of the total amount of its capital and reserves notwithstanding the provisions of Article 470 of the Commercial Act.

(4) Any modification of the articles of incorporation of the company shall be authorized by the Administrator of the Small and Medium Business Administration.

[This Article Newly Inserted by Act No. 6195, Jan. 21, 2000]

Article 5 (Provision of Preferential Credit Guaranty)

Credit guaranty shall first be provided for a venture business, out of funds for credit guaranty of technology under the Financial Assistance to New Technology Businesses Act.

Article 6 (Special Cases of Contributions in Respect to Industrial Property Rights, etc.)(1) Subjects, in respect of which contributions in kind may be made to venture businesses, shall include patent rights, utility model rights, design rights, or other rights on equivalent technologies and uses thereof (hereinafter referred to in this Article as “industrial property rights, etc.”).

(2) In cases where the value of industrial property rights, etc. is evaluated by the Technology Appraisal Institution as described by the Presidential Decree, the contents of evaluation shall be deemed to have been appraised by the authorized appraiser in compliance with the provisions of Article 299-2 of the Commercial Act.

Article 7 Deleted. <by Act No. 5607, Dec. 30, 1998>

Article 8 (Special Cases of Contribution by Foreigners)

Contributions made to the Investment Association or the Korea Venture Investment Association by foreigners under Article 2 (1) 1 of the Foreign Investment Promotion Act shall be regarded as foreign investment in compliance with the provisions of subparagraph 4 of the said Article.  <Amended by Act No. 5607, Dec. 30, 1998>

Article 9 (Special Cases on Restriction to Possession of Stocks by Foreigners)(1) With regard to the acquisition of stocks of a venture business by a foreigner (referring to a person who does not reside or dwell for not less than 6 months in the Republic of Korea) or a foreign corporation, etc. under Article 2 (16) of the Securities and Exchange Act, the provisions of Article 203 of the said Act shall not apply.

(2) In respect to the acquisition by a foreigner or a foreign corporation, etc. of stocks of a venture business pursuant to the provisions of the preceeding paragraph (1), such acquisition may be restricted in accordance with the articles of incorporation of the venture business.