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@article{ART002613795},
author={Jong Hyeok Lee},
title={A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2020},
number={30},
pages={179-226},
doi={10.31839/ibt.2020.07.30.179}

TY - JOUR
AU - Jong Hyeok Lee
TI - A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering
JO - Journal of International Business Transactions Law
PY - 2020
VL - null
IS - 30
PB - The Institute for Legal Studies Dong-A University
SP - 179
EP - 226
SN - 2982-5903
AB - When securities are offered to the public, a prospectus drawn up by an issuer should be distributed mainly by underwriters to investors in order for them to know the potential investment risks. Each country has its own capital markets law regulating a prospectus by way of promulgating administrative regulations, criminal punishment and civil liability to enforce a prospectus with accurate information to be drawn up and distributed so that investors are provided with accurate information on the issuer and the securities in question. In a case where an issuer is a foreign company and/or the market where securities are offered to the public is a foreign capital market, it is not certain whether the prospectus liability clause in the Korean capital markets law should be applied to those cases and which law should govern those cases. If a securities offering has foreign element(s), the applicable law on prospectus liability should be determined by the choice-of-law rules, irrespective of the extraterritorial application clause (Article 2) in the Korean capital markets law. Article 2 of the Korean capital markets law makes different roles respectively in civil liability, criminal responsibility and administrative restriction.
KW - Prospectus Liability;Choice-of-Law Rules;Extraterritorial Application Clause;Cross-border Securities Offering;Korean Capital Markets Law
DO - 10.31839/ibt.2020.07.30.179
ER -

Jong Hyeok Lee. (2020). A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering. Journal of International Business Transactions Law, 30, 179-226.

Jong Hyeok Lee. 2020, "A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering", Journal of International Business Transactions Law, no.30, pp.179-226. Available from: doi:10.31839/ibt.2020.07.30.179

Jong Hyeok Lee "A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering" Journal of International Business Transactions Law 30 pp.179-226 (2020) : 179.

Jong Hyeok Lee. A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering. 2020; 30 : 179-226. Available from: doi:10.31839/ibt.2020.07.30.179

Jong Hyeok Lee. "A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering" Journal of International Business Transactions Law no.30(2020) : 179-226.doi: 10.31839/ibt.2020.07.30.179

Jong Hyeok Lee. A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering. Journal of International Business Transactions Law, 30, 179-226. doi: 10.31839/ibt.2020.07.30.179

Jong Hyeok Lee. A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering. Journal of International Business Transactions Law. 2020; 30 179-226. doi: 10.31839/ibt.2020.07.30.179

Jong Hyeok Lee. A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering. 2020; 30 : 179-226. Available from: doi:10.31839/ibt.2020.07.30.179

Jong Hyeok Lee. "A Function of the Extraterritorial Application Clause in the Korean Capital Markets Law: Focusing on the Applicable Law of Prospectus Liability in Cross-border Securities Offering" Journal of International Business Transactions Law no.30(2020) : 179-226.doi: 10.31839/ibt.2020.07.30.179