SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON THE ESTABLISHMENT AND OPERATION OF SMALL AND MEDIUM BUSINESS SUPPORT FUND
- Enactment No. 2361, Nov. 06, 1990
- Partial Amendment No. 2554, Apr. 30, 1993
- Partial Amendment No. 2574, Jul. 31, 1993
- Partial Amendment No. 2619, May. 20, 1994
- Partial Amendment No. 2677, Mar. 25, 1995
- Partial Amendment No. 2750, Apr. 06, 1996
- Partial Amendment No. 2815, Mar. 31, 1997
- Partial Amendment No. 2931, Jun. 30, 1998
- Partial Amendment No. 3004, Apr. 30, 1999
- Partial Amendment No. 3117, Jun. 05, 2000
- Whole Amendment No. 3189, May. 25, 2001
- Partial Amendment No. 3227, Dec. 31, 2001
- Whole Amendment No. 3246, Apr. 25, 2002
- Partial Amendment No. 3352, Oct. 06, 2003
- Partial Amendment No. 3377, Feb. 16, 2004
- Partial Amendment No. 3443, May. 19, 2005
- Partial Amendment No. 3520, Nov. 30, 2006
- Partial Amendment No. 3547, Apr. 26, 2007
- Partial Amendment No. 3588, Dec. 26, 2007
- Partial Amendment No. 3630, Aug. 04, 2008
- Partial Amendment No. 3686, Aug. 27, 2009
- Partial Amendment No. 3760, Jul. 22, 2010
- Partial Amendment No. 3834, Jan. 12, 2012
- Partial Amendment No. 3851, Mar. 22, 2012
- Partial Amendment No. 3930, Oct. 17, 2013
- Amendment of Other Laws No. 4007, Jan. 29, 2015
- Partial Amendment No. 4077, Apr. 07, 2016
- Partial Amendment No. 4257, Jan. 17, 2019
- Amendment of Other Laws No. 4303, Oct. 10, 2019
Partial Amendment No. 3686, Aug. 27, 2009 | Partial Amendment No. 3760, Jul. 22, 2010 |
---|---|
|
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to provide for matters delegated by the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Small and Medium Business Support Fund and matters necessary for the implementation thereof. <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 2 (Definitions)
The terms used in this Rule shall be defined as follows: <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
CHAPTER Ⅱ OPERATION AND MANAGEMENT OF FUND
Article 3 (Operation of Fund)
(1) Pursuant to Article 6 (1) of the Ordinance, the Fund may be operated for the following separate categories of support programs: <Amended by Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 4 (Loans to Lending Agency)
(1) The Mayor shall set the interest rate on a loan to the lending agency lower than the interest rate on a loan to an enterprise by one percent or less. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 5 (Lending Institutions)
(1) Lending institutions mean the lending agency and the head office or a branch office of a financial institution that enters into an agreement with the lending agency. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 6 (Disbursement of Loans)
(1) In principle, a lending institution shall disburse a loan from the Fund on the day when it takes out a loan from the lending agency: Provided, That a loan shall be disbursed within seven days from the day when the loan is extended from the lending agency, if documents required for lending the loan are not properly made out or there are any other extenuating circumstances. <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 7 (Obligations of Lending Institutions)
Each lending institution shall manage loans so that they may be used efficiently in accordance with this Rule and the agreement entered into with the lending agency and shall conduct follow-up management, particularly to prevent loans from being expended for any purpose other than those set for the loans. <Amended by Enforcement Rule No. 3520, Nov. 30, 2006>
|
|
SECTION 1 Decision-Making to Extend Loans
Article 8 (Eligibility Requirements for Loans)
(1) In cases of programs for lending funds to small and medium enterprises, loans shall be classified into business stabilization loans and facility loans. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 9 (Terms and Conditions of Loans)
(1) A business stabilization loan to a business entity shall not exceed 500 million won, and the repayment term of such loan shall be any of the following terms: <Amended by Enforcement Rule No. 3443, May 19, 2005; Enforcement Rule No. 3588, Dec. 26, 2007>
|
|
Article 10 (Loan Application)
(1) A person who is eligible for a loan under Article 8 and so intends to obtain the loan shall file an application with the Mayor, along with the loan application documents. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 11 (Loan Decisions)
(1) The Mayor shall, upon receipt of a loan application under Article 10 (1), examine the business feasibility, growth potential, competitiveness, technical capabilities, financial statements, etc. of the relevant enterprise to make a decision on whether to lend a loan and the amount of the loan. In such cases, the guidelines for such examination shall be determined by the Mayor, taking economic conditions and other factors into consideration. <Amended by Enforcement Rule No. 3352, Oct. 6, 2003; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 12 (Guidelines for Making Decisions on Loan Amounts)
(1) In making decisions on loan amounts under Article 11, the Mayor shall comply with Table 1, if the loan is a business stabilization loan: Provided, That the criteria for sales may not be applicable in any of the following cases: <Amended by Enforcement Rule No. 3352, Oct. 6, 2003; Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 13 (Preferential Measures for Enterprises Eligible for Loans)
(1) The Mayor may preferentially treat and support enterprises participating in projects implemented in accordance with a major policy of the Government or the Seoul Metropolitan Government, in making decisions on loans pursuant to Article 11. <Amended by Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 14 (Decision on Double Loans)
The Mayor may decide to extend an additional loan to a person who is still repaying a loan taken from the Fund as of the filing date of another loan application within the amount calculated by subtracting the balance of the loan already extended but not paid off yet from the limit on loans under Article 9. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 15 (Restriction on Lending)
The Mayor may place a restriction on lending to any of the following persons: <Amended by Enforcement Rule No. 3547, Apr. 26, 2007; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
SECTION 2 LENDING AND RECOVERY OF LOANS
Article 16 (Persons Eligible for Loans)
In order for a person to be eligible for a loan, he/she shall be notified of a loan decision under Article 11 (1) or (2). <Amended by Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 17 (Lending Procedure)
(1) A lending institution shall advance a loan to a person eligible for the loan under Article 16 after taking measures for securing the loan, unless there are any extenuating circumstances: Provided, That if a facility loan is provided for a project relating to building works, 40 percent of the amount of the loan decided pursuant to Article 11 may be paid in advance after a report on the commencement of the building works is filed, and the balance shall be paid according to the work progress rate. <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 18 (Deadlines for Obtaining Loans)
(1) A person eligible for a loan under Article 16 shall obtain the loan (referring to the first installment of a loan, if the loan is drawn in installments) within the period set in the following subparagraphs from the day when the notice of the relevant loan decision is given: <Amended by Enforcement Rule No. 3520, Nov. 30, 2006;; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 19 (Repayment of Principal and Interest)
(1) The principal of a loan shall be repaid in equal installments at the end of each quarter (December 20th for the fourth quarter) after the lapse of a grace period, but a residual amount not divisible in equal installments shall be reimbursed along with the first installment of the loan. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 20 (Recovery of Loans before Maturity)
If any of the following events occurs in relation to a borrower of a loan from the Fund, the Mayor may order the borrower to repay the loan fully or partially even before the date of maturity or to take other necessary measures: <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
SECTION 3 Cooperative Loans from Financial Institutions
Article 21 (Cooperative Loans from Financial Institutions)
(1) In order for a person to be eligible for a cooperative loan from a financial institution under Article 12 of the Ordinance, the person shall meet the eligibility requirements for a business stability loan set forth in Table 1, and the terms and conditions of such a loan and the repayment thereof shall be determined by the Mayor. <Amended by Enforcement Rule No. 3588, Dec. 26, 2007; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
SECTION 4 Follow-Up Management
Article 22 (Reporting on Change and Approval thereof)
(1) If there is a change in any of the following matters during the period between the day when a person eligible for a loan under Article 16 is notified of the loan decision and the day when the loan decision is cancelled or the loan is fully repaid, the person shall report such change to the Mayor: Provided, That any change of a matter under subparagraph 4 or 8 shall obtain prior approval from the Mayor: <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 23 (Revocation of Loan Decisions)
(1) The Mayor may revoke a loan decision if any of the following events occurs in relation to the person subject to such loan decision. In such cases, he/she shall notify the lending agency and the lending institution of such revocation: <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 24 (Submission of Performance Report, etc.)
(1) A person who obtains a facility loan shall submit performance reports to the Mayor for two years starting from the year immediately following the year in which the loan is provided. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 25 (Follow-Up Management Period)
The follow-up management period for a borrower shall begin in the year immediately following the year in which the loan is initially provided and end at the time the loan is fully repaid. <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
CHAPTER Ⅳ SUPPORT FOR ESTABLISHMENT OF SMALL AND MEDIUM BUSINESS SUPPORT FACILITIES, SUPPORT FOR INVESTMENT IN BUSINESS START-UPS, ETC.
Article 26 (Support for Establishment of Small and Medium Business Support Facilities)
(1) The following small and medium business support facilities may receive financial support pursuant to Article 13 of the Ordinance: <Amended by Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 27 (Recovery of Loans)
(1) The Mayor shall inspect the current state of the management of facility loans provided to an individual or an organization for the establishment of small and medium business support facilities from time to time and shall recover the loans without delay, if they have been expropriated for any purpose other than the purpose previously set or the target project is completed. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 28 (Support for Investment in Business Start-Ups)
The Mayor shall include the following in the plan established pursuant to Article 14 (2) of the Ordinance for assisting investment in start-up businesses: <Amended by Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 29 (Special Loans)
(1) When the Mayor intends to establish a plan for providing special loans pursuant to Article 17 of the Ordinance, he/she shall include the following matters in the plan and publicize the plan in daily newspapers and on the Internet: <Amended by Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
Article 30 (Entrusted Administrative Affairs, etc.)
(1) The Mayor may entrust the lending agency with the following administrative affairs pursuant to Article 18 of the Ordinance: <Amended by Enforcement Rule No. 3520, Nov. 30, 2006; Enforcement Rule No. 3630, Aug. 4, 2008; Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
Article 31 (Inspection on Entrusted Administrative Affairs, etc.)
(1) The Mayor may require an entrusted agency to submit data necessary for the efficient management and operation of the Fund and the establishment and implementation of the plan for providing loans from the Fund or assign public officials under his/her jurisdiction to conduct an inspection thereon. <Amended by Enforcement Rule No. 3686, Aug. 27, 2009>
|
|
ADDENDA |