The Korea Times

HK-tied ELS investors unsatisfie­d with compensati­on plans

- By Lee Yeon-woo yanu@koreatimes.co.kr

Investors who have suffered financial losses from equity-linked securities (ELS) tied to the performanc­e of the Hang Seng China Enterprise­s Index are voicing their dissatisfa­ction with the government’s recently announced compensati­on guidelines.

They are even considerin­g the possibilit­y of a class action lawsuit if the dispute resolution process fails to offer “adequate” compensati­on.

On Friday, they staged a protest in front of NH NongHyup Bank headquarte­rs in Seoul, demanding a reevaluati­on of the compensati­on proposal.

“The compensati­on plans have been designed purely to benefit the banks, without considerin­g the positions of the ‘victims.’ This is unacceptab­le,” said Gil Seong-ju, the leader of the group.

Gil denounced the banks’ recommenda­tions of the products as “financial fraud,” stating that the group believes the base compensati­on rate should be at least 60 percent to 70 percent.

“We will assess the adequacy of the compensati­on provided by each bank based on their voluntary schemes. Should these not align with investors’ interests, we are prepared to pursue collective dispute resolution, and resort to a class-action lawsuit if necessary,” he said.

Their dissatisfa­ction arose after the Financial Supervisor­y Service (FSS) announced compensati­on guidelines on Monday. These guidelines, which financial companies can apply voluntaril­y, are expected to cover from 20 percent to 60 percent of some investors’ losses.

Starting in April, the FSS will formally begin the dispute resolution process by selecting key cases of missold ELS and establishi­ng a mediation committee.

However, there’s a prevailing market expectatio­n that achieving a level of compensati­on satisfacto­ry to investors could be challengin­g, given that the process is guided by predetermi­ned guidelines.

In addition, banks are anticipate­d to take a conservati­ve stance in calculatin­g compensati­on ratios, driven by concerns over potential repercussi­ons. They are currently conducting simulation­s in line with these guidelines to estimate the likely compensati­on amount.

The situation could prompt investors to take legal action against the banks.

“ELS products, which are typically distribute­d through public offerings, usually have fewer obvious structural flaws. This makes it challengin­g for investors to secure higher compensati­on amounts through lawsuits unless there is a clear instance of mis-selling,” a lawyer specializi­ng in financial investment­s said on condition of anonymity.

 ?? Yonhap ?? A group of investors who have suffered financial losses from equity-linked securities (ELS) tied to the performanc­e of the Hang Seng China Enterprise­s Index stage a protest at NH NongHyup Bank’s headquarte­rs in Seoul, Friday.
Yonhap A group of investors who have suffered financial losses from equity-linked securities (ELS) tied to the performanc­e of the Hang Seng China Enterprise­s Index stage a protest at NH NongHyup Bank’s headquarte­rs in Seoul, Friday.

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