(1) Except as otherwise provided in this Act, matters concerning foreign exchanges and foreign trades shall be governed by the Foreign Exchange Transactions Act.
(2) Notwithstanding the proviso of Article 462-2 (1) of the Commercial Act, a foreign-invested company may pay dividends with its newly issued stocks up to an amount equivalent to its total dividend amount, where a special resolution has been passed under Article 434 of the Commercial Act.
(3) Where a foreign investor makes an investment in kind with the capital goods defined under Article 2 (1) 8 (b), the certificate of completion of the investment in kind for which the Commissioner of the Korea Customs Service verified the implementation of the investment in kind and the type, volume, and price of the objects of the investment in kind, shall be deemed a written report of investigation by an investigator under the Article 299 of the Commercial Act, notwithstanding Article 299 of that Act. The same shall also apply where he or she makes an investment in kind with the capital goods after he or she has established a company. <Amended on May 20, 2014>
(4) Where a technology evaluation agency prescribed by Presidential Decree has evaluated the price of an industrial property right defined under Article 2 (1) 8 (d), such evaluation shall be deemed appraised by an appraiser publicly certified under Article 299-2 of the Commercial Act.
(5) A national of the Republic of Korea or a Korean corporation or enterprise that intends to conduct a business jointly with a foreign investor who has filed a report to make a foreign investment by the method prescribed in Article 2 (1) 4 (a) (i) may designate the first day of each month as the re-evaluation day and re-evaluate the objects of the relevant investment, as prescribed in the Assets Revaluation Act, notwithstanding Article 4 of the Assets Revaluation Act. <Amended on Jan. 27, 2016; Feb. 4, 2020>
(6) Notwithstanding Article 18 (4) 1 through 4 of the Monopoly Regulation and Fair Trade Act, a second-tier subsidiary of a general holding company may hold stocks of a joint stock corporation with a foreigner, where it meets all of the following requirements: <Added on Jan. 10, 2014; Dec. 29, 2020>
1. Such stock holding shall be a foreign investment meeting the standards referred to in Article 18 (1) 2;
2. The second-tier subsidiary of the general holding company shall hold at least 50/100 of the total number of stocks issued by such joint stock corporation;
3. A foreigner shall hold at least 30/100 (the share-holding ratio of the foreigner shall be calculated only for the stocks held at and after the time the joint stock corporation is formed) of the total number of stocks issued by such joint stock corporation;
4. The second-tier subsidiary of the general holding company shall hold all the outstanding shares issued by such joint stock corporation, except those held by foreigners.
(7) Each second-tier subsidiary of a general holding company that intends to hold stocks of a joint stock corporation under paragraph (6) shall obtain approval from the Foreign Investment Committee. In such cases, the Minister of Trade, Industry and Energy shall submit the relevant case to the Fair Trade Commission for the prior deliberation of the requirements prescribed by Presidential Decree, including the joint stock corporation’s business relevance with the second-tier subsidiary and the second-tier subsidiary’s qualification to become a stakeholder in the joint stock corporation. <Added on Jan. 10, 2014>
(8) "General holding company", "second-tier subsidiary", and "joint stock corporation" referred to in paragraphs (6) and (7) have the same meanings defined by the Monopoly Regulation and Fair Trade Act. <Added on Jan. 10, 2014>
(9) None of the provisions of this Act shall be construed as amending or limiting any terms and conditions of international treaties the Republic of Korea has entered into and promulgated. <Newly Inserted on Jan. 10, 2014>[This Article Wholly Amended on Jan. 30, 2009]