In 2007, the National Assembly of the Republic of Korea enacted what has become
known Capital Market and Financial Investment Business Act(“CMFIBA”) which is
scheduled to be implemented in Feb. 4, 2009. CMFIBA switchover current institutional
regulation system to functional regulation system, and unified various financial entities
into financial investment business company(\"Financial Company\").
As Financial Company, which substitute securities company, can conduct various kind
of capital market related activities, the competition among financial institutions, including
Banks, is becoming fierce. Therefore it might be inevitable that Financial Company and
Banks will be likely to compete for the same customers, as the rapid change in financial
environments is taking place domestically and worldwide.
This article discusses the efforts to expand banks\' powers in the area of securities
related business under the CMFIBA. A through analysis for securities business for a bank
are conducted on the problems which will be presented after the date of CMFIBA\'s
promulgation.
Part Ⅱ of this article examines the securities related business of a bank under current
Banking Act, especially focused on ancillary business of a bank. Part Ⅲ of this article
analyzes the securities related business of a bank under CMFIBA. In Part Ⅳ, this article
elicits the measures for enhancing the competitiveness of the banking industry.
In particular, this article suggests introducing the negative system in defining the scope of a bank\'s business. In line with this, this article suggests the necessity of unifying
regulatory system in financial areas, especially in banking, securities, insurances ares. This
article also suggests the necessity of expanding M&A business for banks, in order to
promote its competitiveness.