Financial Audit & Investigation

"Huge pool of talent, which is useful when we come across unfamiliar territory or when we need a good network."

- Chambers & Partners Asia-Pacific

Overview

BKL provides in-depth legal services across all stages, from pre-emptive preparation for inspections and investigations to responses to sanctions by financial supervisory authorities.

Increasing need for proactive measures amid intensified financial inspections and investigations

To strengthen financial consumer protection and prevent misconduct in the market, financial supervisory authorities have recently undertaken rigorous inspections and investigations. In particular, ad-hoc inspections of officers/employees of financial companies for their personal profit-seeking activities, and investigations into illegal short selling by global investment banks demonstrate the authorities' firm stance on addressing unlawful and improper business practices and market-disrupting activities.. To prepare for such actions, it is essential to have legal counsel with an in-depth understanding of various financial regulations and the ability to engage in organic and close communication with financial supervisory authorities. BKL possesses the expertise and experiences to provide preemptive and effective defense strategies and response measures from the initial stages to its resolution.

Provision of tailored services through a dedicated team of specialized professionals, including former supervisory officials

BKL provides tailored services through dedicated teams composed of attorneys specialized in financial regulation and professionals with prior experiences at financial supervisory authorities or related institutions, such as the Financial Services Commission, the Financial Supervisory Service, the Ministry of Economy and Finance and the Korea Exchange. 

Our services cover the entire process of inspections and investigations, offering comprehensive legal support including developing proactive response plans for timely action during inspections and investigations, monitoring trends related to inspections and investigations, responding to actual inspections and investigations, preparing opinion letters following inspections and investigations, and responding to actions taken by the Sanctions Deliberation Committee, the Capital Market Investigation Committee, the Securities and Futures Commission, and the Financial Services Commission.

Key Services

Financial Audits and Sanctions
Regulatory Audits by the Financial Supervisory Service
Regulatory Sanctions by the  Financial Supervisory Service and/or the Financial Services Commission
Investigations of Unfair Trading Practices in Capital Markets
Investigations related to market manipulation, use of insider trading and other unfair trading practices

Representative Cases

Represented banks and securities firms in the FSS investigation related to sale of certain private equity fund products
Represented a foreign securities firm and its employees in the FSS investigation related to sale of investment products and sharing of information in back-to-back transactions
Advised a KOSDAQ-listed company in relation to investigations on allegations of price manipulation, use of non-public information, illegal dealings and other unfair trading practices
Regulatory Audits and Sanctions
Represented banks and securities firms in the FSS investigation related to sale of certain private equity fund products
Represented asset managers and distributors in the regulatory investigation related to public offerings and missellings of certain funds (“OEM” funds) structured and managed at the instruction of distributors
Represented life insurance companies in the FSS comprehensive inspection
Represented a bank in the FSS regulatory investigation related to compensation for losses from fund products sold
Represented a foreign securities firm and its employees in the FSS investigation related to sale of investment products and sharing of information in back-to-back transactions
Represented a bank in the regulatory investigation related to incomplete sales of Debt-linked Fund products
Represented a securities firm in the regulatory investigation related to failure to submit resale contracts and derivatives reports
Represented a life insurance company in the regulatory investigation related to the meat industry financing
Represented a life insurance company in the regulatory investigation related to failure to provide accidental death insurance payments
Represented a specialized credit finance company in the regulatory investigation related to failure to report foreign exchange transactions following its establishment of a subsidiary in Laos
Regulatory Investigations of Unfair Trading Practices in Capital Markets
Advised large bio-pharmaceutical companies in relation to FSS investigations on unfair trading
Adivised a company under the Investigations by the FSS of the special judicial police
Advised a KOSDAQ-listed company in relation to investigations on allegations of price manipulation, use of non-public information, illegal dealings and other unfair trading practices
Advised a Korean conglomerate company in relation to investigations on insider trading by management
Advised a major Korean financial institution in relation to investigations on price manipulations of its shareholdings
Advised a foreign financial institution on a price manipulation case related to equity-linked securities
Advised on new types of unfair trading practice incidents including scalping