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Commercial Act — Article 530-5 (Entries in Division Plans)

상법 제530조의5

This English translation is based on the Korean text effective 2018-12-19. The Korean law has since been amended (current version effective 2026-09-10) — check the Korean original.

(1) Where a company is incorporated by division, the following matters shall be entered in the division plan: <Amended by Act No. 10600, Apr. 14, 2011; Act No. 13523, Dec. 1, 2015>

1. Trade name, objective, and seat of the principal office of the company to be incorporated by division (hereinafter referred to as "newly incorporated company by simple division"), and method of public notice;

2. Total number of shares to be issued by a newly incorporated company by simple division, and description of par value and no par value shares;

3. Total number and classes of shares, number of class shares, and description of par value and no par value of shares, to be issued by a newly incorporated company by simple division at the time of division;

4. Matters concerning allotment of shares by a newly incorporated company by simple division to the shareholders of the divided company, and where shares are to be consolidated or divided after the allotment, matters concerning the consolidation or division of shares;

5. Where money or any other asset is provided to the shareholders of the divided company notwithstanding subparagraph 4, matters concerning the details and allotment thereof;

6. Matters concerning the capital and reserves of a newly incorporated company by simple division;

7. Assets to be transferred to a newly incorporated company by simple division and the value thereof;

8. Matters determined pursuant to Article 530-9 (2), if any;8-2. The intended date of the division;

9. Where directors and auditors of a newly incorporated company by simple division are designated, their names and resident registration numbers;

10. Other matters to be entered in the articles of incorporation of the company to be incorporated.

(2) Where a company survives after division, the following matters shall be entered in the division plan with respect to the surviving company: <Amended by Act No. 10600, Apr. 14, 2011>

1. Amount of the capital and reserve to be decreased;

2. Method of capital reduction;

3. Assets to be transferred for the division and the value thereof;

4. Total number of shares issued after the division;

5. If the total number of shares to be issued by the company is decreased, the total number, classes, and number per class of shares to be decreased;

6. Other matters requiring amendments to the articles of incorporation.[This Article Newly Inserted by Act No. 5591, Dec. 28, 1998]

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