革新金融サービス・規制サンドボックス

"They are good at solving complicated issues and they give customers confidence by giving good details on judgments and issues."

- Chambers and Partners Asia-Pacific

概要

BKL is the go-to firm for successful designation of Innovative Financial Services, having highly qualified professionals with in-depth expertise and extensive experience in this relatively new area.

The financial regulatory sandbox program was introduced in Korea with the Special Act on Support for Financial Innovation becoming effective in April 2019, pursuant to which the Korean financial regulators could, among other things, designate certain Innovative Financial Services for pilot operation of qualifying innovative financial services. Upon successful designation of Innovative Financial Services, the Innovative Financial Service Provider will have the benefit of special regulatory exemptions for a certain period of time to provide such Innovative Financial Services that have innovative potential but which would otherwise have not been permitted under the existing regulations. To obtain such designation: first, the business must establish a business structure that can be recognized as innovative; second, the business must fully understand the current regulations under which special regulatory exemptions are requested; and third, the business must effectively and persuasively communicate the business content and innovate potential to the regulatory authorities.

BKL assisted and advised on numerous successful  Innovative Financial Service designations, including by fractional real estate investment services, being engaged from the early stages of the implementation of the relevant innovative financial services system, based upon which BKL is well positioned to even propose and assist in structuring the relevant business to ensure that it can be appropriately recognized as innovative.

There are also highly qualified advisors and expert advisors with years of experience in regulatory authorities, including the Financial Services Commission and the Financial Supervisory Service, at BKL, and BKL’s dedicate team provides practical and effective advice to ensure that its clients can successfully obtain the designation of Innovative Financial Services, not only by providing careful analysis on the laws and regulations relating to the special regulatory exceptions requested, but also leading effective consultation with the regulatory authorities.
 

主な取扱業務

Advise on the Innovative Financial Services business model
Advise on financial services using new technologies, such as data, AI, and blockchain, etc.
Advise on the issuance and distribution structure of token securities
Advise on embedded finance
Advise on financial service models using a platform
Advise on application for Innovative Financial Services
Advise on the scope of services, such as the type, content and details of the Innovative Financial Services
Advise on regulatory matters under which special regulatory exceptions are requested
Advise on prompt verification of regulation
Assist in the preparation of the application for designation of Innovative Financial Services
Advise on implementation of post-designation additional conditions
Advise on the implementation of the conditions attached at the time of designation of Innovative Financial Services
Advise on changes to Innovative Financial Services

主な案件実績

Advised Fund Block Global on its application for the designation of Innovative Financial Services by the Financial Services Commission (FSC) for its STO trading platform service for digital real estate beneficiary certificates
Advised Lucent Block on its application for the designation of Innovative Financial Services by the FSC for its blockchain-based STO trading and distribution platform service for real estate beneficiary certificates
Advising a Korean online information service provider, on its application for the designation of Innovative Financial Services by the FSC for its STO trading service platform for trust beneficiary certificates
Advising one of the largest IP monetization companies in Korea, on its application for designation of Innovative Financial Services by the FSC for its STO fractional investment service for intellectual property rights
Advising a Korean blockchain company, on its application for designation of Innovative Financial Services by the FSC for its blockchain-based STO brokerage platform operation service for non-monetary trust beneficiary certificates
Advising a Korean asset management fintech company, on its application for designation of Innovative Financial Services by the FSC for its STO trading platform for non-monetary trust for housing sale and sublease
Advised Busan Bank on its application for designation of Innovative Financial Services by the FSC for its blockchain-based STO trading platform service for electronic bill beneficiary certificates
Advised on MADE Corporation’s application for designation of Innovative Financial Services by the FSC in relation to its STO and distribution structure
Advised a real estate investment company on its application for designation of Innovative Financial Services by the FSC in relation to its STO fractional investment platform business using tokens of Oskar & Block
Advised Shinsegae Property on designation of Innovative Financial Services by the FSC and regulations on holding companies with respect to an STO and distribution of real estate beneficiary certificates
Advised on HANA Bank’s STO fractional investment platform-connected services
Advised on HANA Financial Group’s plan to improve its STO and distribution regulation system
Advised Sejong Telecom on various issues concerning the launch of its STO trading platform for digital beneficiary certificates of real estate funds
Advised a Korean company on its plan to apply for designation of Innovative Financial Services in relation to its operation of a platform for investment in art works
Advised Fount Finance on its application for designation of Innovative Financial Services by the FSC for its home mortgage comparison platform service using loan brokers
Advised on the composition of a STO and distribution organization for HANA Securities
Advised Kakao Pay Securities on its application for designation of Innovative Financial Services by the FSC for its foreign stock factional trading service affiliated with Kakao pay mobile platform
Acted for and assisted Hanwha Life Insurance in performing certain regulatory matters and filing an application for change with respect to the scope of application of special regulatory exemptions following the designation of Innovative Financial Services for its point insurance proceeds
Advised a Korean information and communications company on its application for the designation of Innovative Financial Services by the FSC for its real estate small-amount public offering REITs investment platform
Advised Kbank on its application for designation of Innovative Financial Services by the FSC
Advised Korean Reinsurance Company on its application for designation of Innovative Financial Services by the FSC for its health age insurance products
Advised on The BIZ’s application for designation of Innovative Financial Services by the FSC for its housing rental management business
Advised Kbank on its application for designation of Innovative Financial Services by the FSC for its smart loan service
Advised Hanwha General Insurance on its application for designation of Innovative Financial Services by the FSC for its
Advised and assisted a virtual asset service provider in the legal interpretation with respect to its application for the designation of Innovative Financial Services by the FSC for its check card issuance service based on Korean won deposits
Assisted GBC Korea with respect to its application for the FSC’s research on demand for Innovative Financial Services with respect to its M&A transaction service platform service
Advised on the possibility of applying for the designation of Innovative Financial Services in regard to the operation of virtual asset P2P trading business for TNC IT Solutions
Advised a Korean company on the structure of its unlisted stock trading platform business and the application for the designation of Innovative Financial Services
Advised BNP Paribas Cardif Life Insurance on its application for the designation of Innovative Financial Services by the FSC for its service relaxing regulations that separate the loan counter from the insurance counter upon the sale of internet credit life insurance