WO2016098919A1 - Dispositif de gestion d'actifs et procédé pour l'exploiter - Google Patents

Dispositif de gestion d'actifs et procédé pour l'exploiter Download PDF

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Publication number
WO2016098919A1
WO2016098919A1 PCT/KR2014/012417 KR2014012417W WO2016098919A1 WO 2016098919 A1 WO2016098919 A1 WO 2016098919A1 KR 2014012417 W KR2014012417 W KR 2014012417W WO 2016098919 A1 WO2016098919 A1 WO 2016098919A1
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WIPO (PCT)
Prior art keywords
asset
disposition
security right
reason
stakeholder
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PCT/KR2014/012417
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English (en)
Korean (ko)
Inventor
구민수
오철호
김동주
Original Assignee
구민수
오철호
김동주
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
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Publication date
Application filed by 구민수, 오철호, 김동주 filed Critical 구민수
Priority to CN201480084130.6A priority Critical patent/CN107111842A/zh
Priority to PCT/KR2014/012417 priority patent/WO2016098919A1/fr
Priority to JP2017533033A priority patent/JP6434627B2/ja
Publication of WO2016098919A1 publication Critical patent/WO2016098919A1/fr

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    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q40/00Finance; Insurance; Tax strategies; Processing of corporate or income taxes
    • G06Q40/02Banking, e.g. interest calculation or account maintenance
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q40/00Finance; Insurance; Tax strategies; Processing of corporate or income taxes
    • G06Q40/06Asset management; Financial planning or analysis

Definitions

  • the present invention relates to an asset management apparatus and a method of operating the same, and more particularly, to a technology for securing stability and liquidity of assets by managing assets for which disposal restriction reasons are set.
  • a financial customer who is holding a financial asset at a financial institution or who is in a position to receive payment through settlement with a financial institution may obtain a loan from a financial institution or an individual, etc. as collateral for the held financial asset or the expected settlement amount, or It may be obliged to make an agreement to pay or transfer all or part of the planned settlement amount on a regular or irregular basis or in accordance with prescribed conditions or for other reasons.
  • a security right for example, pledge
  • a security right When a security right is established for a financial asset held by a financial institution, the acts of transfer, use, withdrawal, withdrawal, and sale by the owner of the financial asset are restricted, and the financial institution holding the asset is also paid to the owner. Disposal, withdrawal or withdrawal is prohibited.
  • the security right when a custodial financial institution keeps the financial asset in a restricted state, the security right may be regarded as directly occupied or issued, and even if there is no provision under the legislative act, the security right is set to the stakeholders of the financial asset.
  • a security right may be established for a financial asset in a manner that includes the act of notifying that it is present or externally indicating that the security right is secured in the financial asset.
  • the present invention is to solve the above problems, but allow the free disposal of the customer's assets, the reason for the restriction of disposal is set to allow disposal of assets according to the interests of stakeholders in certain cases, the stability and liquidity of the assets It relates to a technique for securing.
  • an asset management apparatus may include information about an asset of the customer that can be displayed and managed in an account, information about a stakeholder who has an interest in the value or disposal of the asset according to a law, or a contract, and a transaction restriction reason set for the asset.
  • Account information database including attribution information, attribution information on whether or not to limit disposal of the asset, and attribution information on whether or not the stakeholder's approval of the disposal for resolving the transaction breakout cause of the asset when the transaction restriction reason occurs; ; A state detection module for monitoring an asset for which the transaction restriction reason is set and detecting occurrence of the transaction restriction reason for the asset; A setting management module for setting a disposition restriction on the asset in which the transaction restriction reason has occurred with reference to the account information database; An approval determination module for determining whether the stakeholder's approval is granted for disposition for eliminating the transaction restriction reason of the asset in which the transaction restriction reason is generated, with reference to the account information database; And a disposal performing module configured to perform the disposal on the asset when the approval determination module determines that the stakeholder has approved the disposal.
  • a method of operating an asset management apparatus comprises the steps of: monitoring an asset of a customer whose transaction restriction reason is set, and detecting occurrence of the transaction restriction reason for the asset; Referring to the account information database of the customer, setting a disposal restriction on the asset for which the transaction restriction reason has occurred; Determining whether to approve a stakeholder's approval of the disposition for eliminating the transaction restriction reason of the asset in which the transaction restriction reason occurred with reference to the account information database; And if it is determined that the stakeholder has approved the disposition, performing the disposition, wherein the account information database is displayed on the account by the information, the decree, or the agreement regarding the asset of the customer that can be managed as the account.
  • Information about a stakeholder having an interest in the value or disposal of an asset attribution information relating to a transaction restriction reason set for the asset, attribution information on whether or not to dispose of the asset, and the asset in case of the transaction restriction reason; It may include attribute information on whether or not the stakeholder's approval of the disposition for resolving the transaction restrictions.
  • a computer-readable recording medium having a program recorded thereon for performing a method of operating an asset management apparatus is provided.
  • the present invention by allowing disposal of the customer's assets to give the customer the opportunity to make the best use of the asset, by setting the reason for trading restrictions, by applying certain restrictions to the asset, it is possible to improve the liquidity and stability of the asset at the same time .
  • the present invention it is possible to ensure the stakeholder's right to proceed by the disposal of the reason for the transaction restriction based on the stakeholder's intention and ensure the stability of the asset.
  • the interests of interested parties in a database in advance, it is possible to promptly dispose of assets while ensuring the right of procedure of the interested parties.
  • FIG 1 illustrates an asset management system according to an embodiment of the present invention.
  • FIG 2 illustrates an asset management apparatus according to an embodiment of the present invention.
  • FIG 3 shows an example of an account information database according to an embodiment of the present invention.
  • FIG. 4 illustrates a method of operating an asset management apparatus according to an embodiment of the present invention.
  • FIG. 5 illustrates a method of operating an asset management apparatus according to another embodiment of the present invention.
  • FIG 1 illustrates an asset management system according to an embodiment of the present invention.
  • the system 100 may include a customer terminal 110, a stakeholder server 120, and an asset management server 130.
  • a terminal may be referred to herein as an electronic hardware device used to enter or display data in a computer or computing system
  • a server may be referred to as a computer for processing a request from a client computer in a network environment. have.
  • FIG. 1 a terminal, a server, and the like are shown as an apparatus for performing the present invention, but these are merely examples, and various computing devices may be used according to an embodiment to which the present invention is applied.
  • a terminal of interest may be used rather than a server of interest.
  • the technology and spirit of the present invention will be described with reference to the customer terminal 110, the server 120 and the asset management server 130 shown in FIG.
  • the customer terminal 110 refers to a terminal of an asset owner who deposits the asset in an asset account (eg, a securities account, a bank account, etc.).
  • assets provided as collateral means any assets that can be managed and displayed as an account.
  • assets may include securities (e.g., stocks, bonds, beneficiaries, ELS, etc.), deposits, derivatives (e.g., futures options, etc.), savings, depositable assets, and ELFs. It may include at least one.
  • the asset is an asset directly managed by a separate registration or registration process, and may include an asset that can be managed by an account as a right that occurs based on a registered / registered ranking.
  • assets can be divided into contractual assets and non-contractable assets.
  • a contractual asset is an asset formed on the basis of a contract between the parties (for example, a loan for consumption), and there is an obligation to settle each other based on a certain condition, period, and the like.
  • Assets may include, for example, futures contracts, option contracts, deposits, savings, deposits, and so on.
  • Non-contractual assets are assets that are not assets and do not have a settlement obligation between the parties.
  • Non-contractual assets may include, for example, stocks.
  • Futures contracts among assets are acquired at a predetermined price (gift price) at a specific point in the future (the settlement date) at a predetermined price (a futures price). Or a contract that promises to be delivered.
  • a type of transaction in which a contract is executed by selling the contract itself before the settlement date of the futures contract (transaction or liquidation transaction) or by making a purchase or payment on the spot on the settlement date of the futures contract is called futures trading. .
  • These futures contracts are standardized terms and conditions of delivery, and there is no risk of transaction because the performance of the contract is guaranteed by the settlement institution.
  • Futures trading takes place on an accredited exchange where approximately 97% of futures contracts are settled by sell transactions (anti-sold or liquidated trades) before the actual futures contracts are fulfilled.
  • Korea's futures exchanges are trading treasury bonds, options, CDs, securities, interest rates, stock indices, dollars, and gold.
  • An option contract among assets is a contract for trading the right to purchase or sell any product at a predetermined price within a predetermined validity period, and the right to purchase at a predetermined price is called a call option, and a predetermined price
  • the right to sell as a put is called a put option.
  • the option is that the buyer and the seller enter into a contract at the price of the option called premium, and the person who obtains the rights by paying the premium and buying the option is called the option buyer, sells the right to receive the premium, and A person who has an obligation is called an option seller.
  • Stakeholder server 120 refers to a server operated directly or indirectly by a stakeholder having an interest in the value or disposal of a customer's asset. Whether you are a stakeholder or not can be determined by statute and / or agreement between the parties. There may also be multiple stakeholders for an asset. The rights of an asset may be recognized by a plurality of stakeholders based on their equity and / or ranking relationships with each other.
  • the interested party may be, for example, a lender providing a loan service using a security provided by a customer (ie, a person who has a right of reimbursement) or a secured creditor who is secured on the asset, and the lender or the secured creditor is a loan.
  • a creditor may be a stakeholder if a performance contract is set up in which the debtor pays debts to transfer or pay assets to the creditor.
  • the asset management server 130 refers to a server that is directly or indirectly managed by an asset manager to manage a customer's assets, where the asset manager directly or indirectly occupies the customer's assets and manages the customer's assets. It may include individuals or institutions having authority, such as securities firms, banks, savings banks, financials, insurance companies, and the like. In FIG. 1, the interested server 120 and the asset management server 130 are shown in separate configurations, but may be integrated into one configuration according to an embodiment.
  • the asset management system may further include a notary server.
  • Notary agency server refers to a server that is directly or indirectly operated by an agency capable of performing a notary public service, and an institution capable of performing a notary public office includes, for example, a legal corporation, a legal corporation (limited), This could include a legal association, a notarized corporation, and so on.
  • security rights may be established in the customer's assets, and the asset manager is a stakeholder who occupies and / or manages the customer's assets, and will either accept the security rights for the asset or actively accept the security rights. May be a party.
  • the asset manager may request the registration of the date of confirmation as a stakeholder who has the authority to approve the security right, and is authorized to notify the fact of the security right from the customer who has the right to notify the security rights.
  • the registration date can be requested for the setting notification.
  • the notary institution server may receive the security right setting fact from the asset management server 130 and generate a counter force of the security right by the security right setting acceptance or the security right setting notification.
  • the customer is allowed free disposal of the customer's assets.
  • the reason for the transaction restriction is caused by the disposal of the asset, the change in the value of the asset, or other external conditions, certain restrictions may be placed on the disposal of the asset.
  • the reason for limiting a transaction here is a reason for placing a certain limit on the free disposal of a customer, and may be determined by an agreement (or agreement) and / or a law between a customer, an asset manager and / or interested parties.
  • the reason for limiting a transaction is whether or not it has certain qualifications, such as when it is necessary to listen to / read explanations of investment risks, when it is necessary to agree to provide information about accounts or assets, or when certain assets must be deposited as margin.
  • the reason for limiting a transaction is the value of an asset, such as a share price drop (rights, dividends, distribution locks, etc.) under rights, a stock potato, a stock merger, a market cap below the threshold, stock or face value, a volume below the threshold, or a trade value. It may be related to the fluctuation of. In one example, the reason for the trade restriction may be related to impairment of market health, such as a registration market change (eg, exchange to KOSDAQ, exchange to OTCBB, etc.).
  • a registration market change eg, exchange to KOSDAQ, exchange to OTCBB, etc.
  • the reason for trading restriction is designated as a management item, suspension for more than a predetermined period of time, scheduled to stop trading, clearing trade (or scheduled), designated as a non-tradeable item, designated as a cashless item, or aborted trading (or Scheduled), delisting (or scheduled), trading within a certain period of time after the cancellation of protection deposit, intensive selling by a small number of traders, demand for disclosure due to rapid changes in market prices, investment risk in securities firms, investment warning, Investor sentiment feedback, transactions within a certain period from the new listing date, pre-payment pre-payment in the registration market, deliberation (or scheduled) abolition of listing, risk trading such as soaring stocks, speculative stocks, and overnight bans It may be about.
  • the reason for limiting a transaction may be due to a bankruptcy filing, rehabilitation proceedings, seizure of assets, seizures, arrears, restrictions, etc. In one example, the reason for limiting a transaction may be due to a free agreement between the parties, such as limiting some disposition of the asset (eg, selling, etc.), or restricting options trading but allowing futures trading.
  • Disposal may be performed for
  • the stakeholder's doctor may receive a stakeholder's intention by transmitting a query signal to the stakeholder, or may be determined by referring to a database (for example, the account information database 260) in which the stakeholder's intention is recorded.
  • Foreclosures may include, for example, selling, clearing, transferring, or replacing assets.
  • the disposal of the customer's assets is allowed to provide the customer with an opportunity to make the most of the asset, but by setting certain reasons for the transaction restriction, it is possible to improve the liquidity and stability of the asset at the same time.
  • disposition for resolving transaction restriction can be secured, thereby ensuring stakeholder's right to proceed and ensuring asset stability.
  • by recording the interests of interested parties in a database in advance it is possible to promptly dispose of assets while ensuring the right of procedure of the interested parties.
  • FIG 2 illustrates an asset management apparatus according to an embodiment of the present invention.
  • the apparatus 200 is used by an asset manager to practice the present invention and may be implemented as a computing device, such as a server, a terminal, for example.
  • the device 200 includes an interface module 210; State sensing module 220; Setting management module 230; Approval determination module 240; Foreclosure performance module 250, account information database 260 and confirmation date registration module 270 may be included.
  • the interface module 210 may communicate with at least one of a customer, a stakeholder, and an asset manager.
  • the interface module 210 may receive a signal (eg, a disposal approval signal) regarding whether the asset is approved for disposal.
  • a signal eg, a disposal approval signal
  • the signal whether the asset is approved for disposal refers to a signal including information on whether the asset is approved for disposal to recover the status of the asset or to eliminate the reason for the restriction of the transaction.
  • the reception may be made from a customer terminal, a server of interest, or the like, or may be made by receiving a intention about a management act through a wired line or a branch visit. In addition, the reception may be received from the manager of the asset management device.
  • the interface module 210 may transmit a disposition query signal.
  • the foreclosure inquiry signal means a signal for inquiring about whether to approve the disposition for restoring the state of the asset or eliminating the reason for the transaction restriction.
  • a foreclosure inquiry signal may be sent if information about whether the asset is approved for foreclosure to recover its status or for the purpose of eliminating a transaction restriction is not recorded in the account information database 260 or is recorded as not to be approved.
  • the information may include information about assets, reasons for restricting transactions, and the like.
  • the interface module 210 may notify at least one of the customer, a stakeholder, and an asset manager.
  • the state detection module 220 may monitor an asset for which a transaction restriction reason is set and detect occurrence of a transaction restriction reason from the asset. In addition, the state detection module 220 may monitor the asset to detect the cancellation of the transaction restriction reason that occurred in the asset.
  • the reason for limiting a transaction is determined by an agreement (or agreement) and / or a statute between a customer, an asset manager and / or a stakeholder, and means a reason for placing a certain limit on the free disposal of a customer.
  • the reason for limiting a transaction may include the reason for executing the security right on the asset for which the security right is set to secure the debt of the customer.
  • the monitoring can be performed periodically and / or aperiodically, for example, continuously.
  • the setting management module 230 may manage various attribute information set in the asset of the customer.
  • the setting management module 230 may manage attribute information about a transaction limit reason set for the asset in the account information database 260.
  • a transaction restriction reason applied to a customer asset among various transaction restriction reasons applicable to the customer may be set or the transaction restriction reason already set may be released.
  • the configuration management module 230 may release the transaction restriction reason set on the asset in the account information database 260.
  • the configuration management module 230 may release any transaction restriction reason set for the asset in the account information database 260.
  • the setting management module 230 may release the transaction restriction reason set in the asset corresponding to the partially repaid debt in the account information database 260.
  • the setting management module 230 may manage the attribute information on whether the stakeholder's approval of the disposition for the state recovery of the asset. That is, when the interface module 210 receives the intention of the approval of the interested party, the approval of the interested party may be set or released in the account information database 260 based on the intention of the interested party. According to an embodiment, the attribution information regarding whether the interested parties are approved may be individually set or collectively set for each transaction restriction reason. In addition, when there are a plurality of stakeholders, attribute information on whether the stakeholders are approved may be set separately for each of the plurality of stakeholders.
  • the setting management module 230 restricts disposition by the customer by setting a disposition restriction on the customer's asset in the account information database 260, or permits disposition by the customer by releasing the disposition restriction set on the asset. can do.
  • Setting and canceling the disposition restriction of the configuration management module 230 may be based on occurrence and resolution of a transaction restriction reason. According to an embodiment, the establishment and release of such disposition restrictions may reflect the establishment and termination of the security right.
  • the setting management module 230 displays various attributes of the conventional asset in the account information database 260. By reflecting the same setting as the information to the new asset, the new asset can inherit the attribute information of the conventional asset.
  • the approval determination module 240 may determine whether the stakeholder approves the disposal of the asset for the purpose of restoring the status of the asset or the reason for the limitation of the transaction. This determination may be performed with reference to the account information database 260. In some embodiments, there may be multiple stakeholders for an asset. In this case, the approval determination module 240 may determine whether to approve according to a predetermined criterion for approval decision between interested parties. In one example, the approval determination module 240 may be determined to approve the disposition only if all the parties concerned approve. In one example, the approval determination module 240 may determine that the disposal is approved if the sum of the stakes of the highest ranking stakeholders is equal to or greater than a predetermined threshold value.
  • the disposition performing module 250 may perform the disposition on the customer's asset.
  • the disposal means any disposal action for resolving the transaction restriction reason when a transaction restriction reason occurs in the customer's asset.
  • the disposition may include selling the asset, buying the asset, liquidating the asset, and the like.
  • the disposal may be performed through a stock exchange, a clearing house, etc., and is performed during the validity time of the order, where the validity time of the order means a time at which the buy order, the sell order, etc. requested by the exchange is effective.
  • Order validity time may be from 8:00 am to 6:00 pm.
  • the disposition may include, for example, transferring, replacing, or the like of the asset.
  • the disposal performing module 250 may stop the disposal being performed.
  • the disposition performing module 250 may cancel a sell order, a liquidation order, and the like that are being traded through an exchange. If the reason for the restriction of a transaction is resolved, there is no need to dispose of the asset.
  • the account information database 260 includes information on the customer's assets, information on stakeholders, attribute information on the reason for limiting the transaction set for the asset, attribute information on whether or not to dispose of the asset, and disposal for restoring the state of the asset. It may include attribute information about whether the stakeholder is approved. A detailed description of the account information database 260 will be described later with reference to FIG. 3, and a detailed description thereof will be omitted.
  • the confirmation date registration module 270 may register the confirmation date with respect to the security right in order to obtain the counter force of the security right. This operation of the confirmation date registration module 270 may be performed periodically and / or aperiodically, for example, may be performed whenever a security right is set, the contents of the security right are updated, or may be performed at a predetermined time. .
  • the confirmation date registration module 270 may transmit a request for notifying the security right setting and a request for registration of the confirmation date for the above information to the notary body in order to register the confirmation date with respect to the security right.
  • the contents regarding the acceptance of the security right may include the contents of the security right and the intention of acceptance of the security right, and may be in the form of a completed document or a combination of individual legal components.
  • the confirmation date registration module 270 may transmit the information on the security right setting notification and the confirmation date registration request for the above information to the notary body to register the confirmation date for the security right.
  • the information on the security right setting notification may include the content of the security right, the intention to express the security right notification, and the delegation of the right to notify the security right setting fact, and may be in the form of a completed document or a combination of individual legal components. Can be.
  • the notary institution may register the confirmation date and then transmit the confirmation date to the asset management device 200, and the asset management device 200 may have the security right registered with the confirmation date from the notary agency. Receiving the contents regarding the setting notification, the counter power of the security right by the security right setting notification may occur.
  • An interface module 210 shown in FIG. 2; State sensing module 220; Setting management module 230; Approval determination module 240; It will be appreciated that foreclosure performance module 250, account information database 260, and settlement date registration module 270 may be implemented by a plurality of physical devices, or may be implemented by one physical device. .
  • Each of the account information database 260 and the confirmation date registration module 270 may be implemented using various methods, such as using software or using firmware.
  • FIG 3 shows an example of an account information database according to an embodiment of the present invention.
  • the account information database 260 includes information on the customer's assets, information on stakeholders, attribute information on the reason for limiting the transaction set for the asset, attribute information on whether or not to dispose of the asset, and disposal for restoring the state of the asset. Refers to a database containing attribute information on the approval of interested parties.
  • the account information database 260 may be created or modified by the manager of the asset management apparatus 200 or the asset management apparatus 200.
  • the asset of the customer included in the account information database 260 means an asset owned by the customer and managed as an account.
  • the information about the asset may include an item, a quantity, a value, and the like of the asset.
  • the information about the asset may include information about the security right, wherein the information about the security right is for uniquely specifying the security right from another security right, for example, a collateral, a security right holder. This may include information about the security obligation, the security obligation, and the setting of disposition restrictions on collateral.
  • Information about a stakeholder is information about a stakeholder who can determine whether to approve a disposition to recover the condition of the asset, where the stakeholder is a person who has an interest in the value or disposal of the customer's asset, Or by agreement.
  • a stakeholder may be a security right in a security right established on an asset.
  • Information about the interested party may include, for example, identification information, contact information, and the like of the interested party.
  • the information on the interested parties may include information on at least one of a plurality of interested parties and the ranking relationship and the equity relationship between the interested parties.
  • the attribute information about the reason for the transaction restriction set on the asset means information about the reason for the transaction restriction applied to a specific asset among the plurality of the transaction restriction reasons.
  • the reason for limiting a transaction is the reason for placing a certain limit on the free disposal of the customer, which may be determined by agreement (or agreement) and / or by law between the customer, asset manager and / or interested parties. At least some of the plurality of transaction restrictions are applied to specific assets included in the account information database 260.
  • the attribute information on whether the disposal of the asset is restricted means the attribute information on whether or not to permit each disposal action that can be performed on the asset.
  • the attribution information on whether or not the disposal of the asset is restricted may include attribution information on whether the sale limit, release limit, or substitution limit for the securities is set; Attribution information on whether a limit on purchases of securities for a settlement amount is established; It may include attribute information on whether the withdrawal limit, transfer limit, and limit on the purchase of securities for the deposit are set.
  • the disposition restriction on the asset may be based on the occurrence of a transaction restriction reason for the asset.
  • Attribute information on whether the stakeholder is approved is to record in advance whether or not the stakeholder's approval of the disposal for the recovery of the asset's condition occurs in the event of a restriction on the asset's transaction. Can be. According to an embodiment, the attribution information regarding whether the interested parties are approved may be individually set or collectively set for each transaction restriction reason.
  • the account information database 260 may correspond to a computerized customer account unit based on agreements between the parties, related laws (eg, Article 311 of the Capital Markets and Financial Investment Business Act, etc.). Therefore, when the customer's assets for which the security right is established are non-contractual assets, the counter-rights of the security right can be generated by computer-recording the status of the right of the security right and the like.
  • related laws eg, Article 311 of the Capital Markets and Financial Investment Business Act, etc.
  • the account information database 260 may further include information regarding a non-performance lease for resolving a transaction restriction reason for the asset.
  • a non-performance lease for resolving a transaction restriction reason for the asset.
  • the asset management apparatus 200 may receive information on some of various information registered in the account information database 260 from an administrator, a customer, a notary public, a stakeholder, or the like.
  • the asset management apparatus 200 may change the information registered in the account information database 260 according to the received information. For example, if a security right is set or terminated for a futures contract, information about the security right set or termination is received, and the account information database 260 sets a disposal restriction on the futures contract, or sets a restriction on the futures contract. By releasing, the setting or cancellation of the security right can be reflected in the account information database 260.
  • New assets may arise from conventional assets in account information database 260.
  • the occurrence may comprise at least one of an occurrence of a new asset in addition to the conventional asset and an occurrence of a new asset alternative to the conventional asset.
  • conventional securities are extinguished due to the splitting, merging, incineration, etc. of potatoes, capital and stocks, generating new securities or cash (ie, new deposits), or selling cash (ie, by selling securities).
  • New deposits may occur.
  • dividends ie, new deposits
  • dividends may be generated by dividend stocks (ie, new securities) or cash dividends by stock dividends from the conventional securities.
  • interest income may be generated from conventional deposits, or new assets may be generated by buying other assets using conventional deposits.
  • cash ie, new deposit
  • the new asset is registered in the account information database and can inherit the attribute information of the conventional asset.
  • the disposal restriction may also be set for new deposits generated from the conventional asset.
  • the setting allows the new asset to have the same disposal restrictions as before, so that the security right is inherited.
  • the generation of new assets mentioned above is illustrative, and new assets may arise from conventional assets in account information database 260 in a variety of ways.
  • the account information database 260 provides attribute information on whether the sale limit, release limit, substitution limit, and disposal control agreement for the securities are set. It may include. As shown, Securities A is a general securities, with no restrictions being set, and therefore, selling, issuing and replacing Securities A may be permitted. Securities B are securities in which the reason for the restriction of transactions has occurred, and disposal restrictions, release restrictions, and substitution restrictions are set, and therefore no disposal of securities B is permitted.
  • the account information database 260 may include attribute information on whether to limit the purchase of securities for the settlement amount of the sale.
  • the selling execution amount is generated by the sale of the securities, and means the amount before cashing out. Since the cash is not made, withdrawal and transfer are not allowed for the settlement amount, but only purchase of securities using the settlement amount can be allowed.
  • the selling amount A is not set as a general selling amount, and therefore, the purchase of securities using the selling amount A can be allowed.
  • Selling amount B is the selling amount that caused the reason for the restriction of trading, and the purchase limit of securities is set. Therefore, the purchase of securities using the settlement price B is not allowed.
  • the account information database 260 may include attribute information on whether the withdrawal limit, transfer limit, and limit on the number of purchases of securities are set for the deposit.
  • the deposit is cash included in the account of the customer, and may include the amount of cash that the selling amount is cashed, as well as the cash deposited or transferred by the customer. Therefore, deposits, transfers, and purchases of securities using the deposits are acceptable in principle for deposits.
  • deposit A is a general deposit and no limit is set, therefore, withdrawal and transfer of deposits, purchase of securities using deposits can be allowed.
  • Deposit B is a deposit that caused a transaction restriction, and there are limits on withdrawal, transfer restrictions, and purchase restrictions using deposits. Therefore, no disposal of Deposit B is permitted.
  • the deposit may include a settlement amount.
  • the account information database 260 may include attribute information on whether a sale limit, a factory limit, a substitution limit, and a liquidation limit are set for the futures contract.
  • a futures contract is an asset that promises to acquire or deliver a certain amount of a specific product, such as a standardized quantity or standard, or a financial asset, at a predetermined price on a future settlement date. Therefore, futures contracts are in principle acceptable for sale, issue, substitution and liquidation of contracts.
  • the futures contract A is a general futures contract, with no restrictions set, and therefore, the sale, release, replacement, and liquidation of the futures contract may be allowed.
  • the futures contract B is a futures contract in which a reason for a trade restriction has occurred, and there are limitations on the sale, release, substitution and liquidation of the futures contract, and therefore no disposal of the futures contract B is permitted.
  • the account information database 260 may include attribute information on whether the selling limit, the release limit, the substitution limit, and the liquidation limit are set for the option contract.
  • the option contract is a contract for trading the right to buy or sell a certain product at a predetermined price within a predetermined validity period, and to sell at a predetermined price with a call option and a predetermined price. It is a put option that is a right to do so and is an asset. Therefore, option contracts are in principle acceptable for sale, release, substitution and liquidation of contracts.
  • option contract A is a general option contract, with no restrictions set, and therefore, the sale, release, replacement, and liquidation of the option contract may be allowed.
  • the option contract B is an option contract in which a reason for a trade restriction has occurred, and there are limitations on selling, release, substitution and liquidation of the option contract, and therefore, no disposal of the option contract B is permitted.
  • the account information database 260 may include attribute information regarding the margin.
  • Margin here is to guarantee the customer's contract, specifically, when the customer buys or sells stocks in a stock trade or when buying or selling a futures / options contract in a futures / options contract, the security of the contracting party guarantees settlement. It means a deposit that requires depositing a certain amount of contract amount in advance to prevent risks of default. The ratio of deposit to contract amount is the margin ratio.
  • Margin rate can be applied to a variety of values depending on the embodiment to which the present invention is applied. As shown, margin A has a buy limit, withdrawal limit, and now limit, and no disposal is allowed.
  • the disposition limit set in Margin A may be the occurrence of a reason for the restriction of a transaction or a reflection of an agreement, and in relation to Margin A, the provider of the unreceived money (for example, securities company, etc.) that provides the receivables is the first priority.
  • the second table 320 more specific information relating to the securities B and the option contract B of the first table 310 is shown.
  • a plurality of transaction restriction reasons namely, a decrease in collateral ratio, interest payment, an informed consent, and an overnight prohibition (that is, an agreement to clear the position before closing the market) can be set.
  • Securities B declining collateral ratio, non-payment of interest, and informed consent are set as reasons for the restriction of transactions. Therefore, if securities B has a reason for limiting at least one of a decrease in collateral ratio, non-payment of interest, and informed consent, securities B may be subject to disposal restrictions. In addition, securities B may be disposed of for the recovery of the condition of the asset based on the interests of interested parties. Stakeholders only approve the remediation for declining mortgage rates, and expressly disapprove the disposition of informed consent and overnight. Therefore, if the security ratio falls to Securities B as less than 120%, the disposal of assets for the recovery of the asset, for example, the sale of Securities B, may occur based on the interest of the interested parties.
  • the disposition for restoring the state of the asset is not performed based on the dissent of the interested party.
  • a disposition approval signal can be inquired by sending a disposition inquiry signal to a stakeholder.
  • information of the second table 320 may be modified and disposal may be performed.
  • Option contract B is based on informed consent and overnight as reasons for limiting trading. Therefore, if contractual reasons for the restriction of at least one of the informative consent or overnight occur in option contract B, option contract B may be subject to foreclosure restriction. In addition, option contract B may be subject to disposal to recover the asset's condition based on the interests of interested parties. Stakeholders only approve disposition to recover the state for Overnight and express disapproval of disposition for informed consent. Thus, for example, if the position of the option contract B is judged at a predetermined time (eg, 15:05) before the end of the market, and it is determined that an overnight occurs, the status of the asset is based on the approval of the interested parties. Disposal for recovery, for example, the closing of the position of option contract B, may be carried out.
  • a predetermined time eg, 15:05
  • the disposal for the state recovery of the asset is not performed based on the dissent of the interested party.
  • the stakeholder may send a query for disposal to inquire about the approval. According to the disposition approval signal, the information of the second table 320 may be modified and disposition may be performed.
  • the signal for disposal is described as being transmitted, but this is illustrative and, according to an embodiment, the stakeholder's disapproval intention is recorded. In such a case, the disposition query signal may be transmitted to the interested parties.
  • the configuration of the account information database 260 of FIG. 3 is exemplary, and according to an embodiment to which the present invention is applied, any asset that can be managed or traded by an account such as a savings account, an accountable asset, or an ELF may be used.
  • the account information database 260 is divided into two tables 310 and 320 in FIG. 3, this is merely an example, and according to an embodiment to which the present invention is applied, various types of database structures may be used.
  • the account information database 260 may consist of one database or may be divided into a plurality of sub-databases, and some of the sub-databases may be physically (eg, under the possession of interested parties). It can be external and communicate with other sub databases in wired and wireless manner.
  • FIG. 4 illustrates a method of operating an asset management apparatus according to an embodiment of the present invention.
  • the state detection module 220 may monitor an asset of a customer whose transaction restriction reason is set and detect the occurrence of the transaction restriction reason on the asset.
  • the reason for limiting a transaction is determined by an agreement and / or a statute between a customer, an asset manager and / or a stakeholder, and means a reason for placing a certain limit on the free disposal of a customer.
  • the reason for limiting a transaction may include the reason for executing the security right on the asset for which the security right is set to secure the debt of the customer.
  • the setting management module 230 may set a disposal restriction on the asset in which the transaction restriction reason occurs with reference to the account information database 260. If the reason for the transaction restriction occurs, the customer may limit the arbitrary disposition by setting a disposition restriction through the step S420.
  • the approval determination module 240 may determine whether the stakeholder's approval of the disposal for the purpose of restoring the transaction status or the restriction on the transaction that caused the transaction restriction occurred by referring to the account information database 260. have. In the account information database 260, if the information on whether to approve the disposition is not recorded or recorded as not to approve, the approval determination module 240 may determine not to approve. In some embodiments, there may be multiple stakeholders for an asset. In this case, step S430 may be performed by the approval determination module 240 to determine whether to approve according to a predetermined criterion for approval decision between interested parties. In one example, step S430 may be performed by determining that the approval determination module 240 has approved the disposition only if the entire stakeholder has approved. In one example, step S430 may be performed by the approval determination module 240 determines that the approval of the disposal if the sum of the stakes of the highest priority stakeholder is more than a predetermined threshold.
  • step S440 if it is determined that the stakeholder has approved the disposition for the disposition (S430), the disposition performing module 250 may perform disposition for restoring the state of the asset or eliminating the reason for the transaction restriction. Can be.
  • the disposition may include selling the asset, buying the asset, liquidating the asset, and the like.
  • the disposition may include, for example, transferring, replacing, or the like of the asset.
  • step S440 may include generating a settlement or selling price through the liquidation or sale of the asset.
  • step S440 may include a further step of repaying the debts of the customer by transferring the liquidation or selling price.
  • the setting management module 230 may release the disposal restriction on the asset for which the disposal restriction is set in the account information database 260.
  • the setting management module 230 may add a new asset to the new asset in the account information database 260. Disposal restrictions can be set for
  • the interface module 210 may further include notifying at least one of a customer, an interested person, and an asset manager of the performance of step S440.
  • the setting management module 230 may further include the step of releasing the transaction limit reason set for the asset in the account information database 260.
  • the step of releasing the transaction restriction reason when the partial repayment of the debt of the customer is completed, the transaction management reason set in the asset corresponding to the debt partially repaid in the account information database 260 It may further comprise the step of releasing. This is intended to reflect the resolution of the reasons for the restriction of the transaction as determined by the agreement and / or statute between the parties.
  • the interface module 210 receives a signal from an interested party regarding whether to approve the disposition; And setting, by the setting management module 230, in the account information database 260, the signal regarding whether to approve the disposition in the attribute information about whether the interested party is approved. This is to receive the intention about whether the stakeholder approves the disposition for the recovery of the state of the asset and reflect it to the account information database 260.
  • the step of reflecting on the attribution information may be performed separately for each of the plurality of stakeholders.
  • the status detection module 220 may further include detecting the resolution of the transaction restriction reason that occurred in the asset.
  • the state detection module 220 detects that the transaction restriction reason has been resolved, at least some of the steps of the method 400 that were performed due to the occurrence of the transaction restriction reason may be stopped or restored.
  • the configuration management module 230 may release the disposition restrictions set on the asset in the account information database 260 is cleared of the transaction restriction reason.
  • the disposition performing module 250 may stop the disposition being performed by the disposition performing module 250 (eg, canceling a sell order, liquidation order, etc.).
  • the account information database 260 may further include information regarding a non-performance lease for resolving a transaction restriction reason for an asset.
  • a rider When such a rider is set, at least one of steps S410 to S440 during the time or condition set by the rider may not be performed.
  • the settlement date registration module 270 further registers the settlement date for the security right of the new asset (eg, liquidation, selling price, deposit, etc.) generated by the disposal performing module 250. It may include. That is, when the security right is set on the asset that caused the transaction restriction, if the form of the asset is different due to the disposal of the asset of the disposition module 250, the fixed date is registered to generate a counter force of the security right set on the changed asset. Module 270 may register a confirmation date. In one example, the step of registering the confirmation date may include the step of transmitting the information on the approval of the security right setting and the date registration request for the content to the notary public.
  • the contents regarding the acceptance of the security right may include the contents of the security right and a declaration of intention to accept the security right.
  • an opposition force of the security right may be generated by the acceptance of the security right setting.
  • the step of registering the date of confirmation comprising the step of transmitting the information about the security right notification and the date of registration registration date for the content to the notary agency in order to generate a counter power of the security right by the security right notification; And receiving information on a security right setting notification in which a confirmation date is registered from a notary public.
  • the information on the security right setting notification may include the content of the security right, a statement of the intention of the security right setting notification, and a delegation of the right to notify the security right setting fact.
  • the customer has the right to notify the security right
  • the asset manager is a stakeholder who is notified of the fact of the security right setting, but the asset manager of the present invention has the right to notify the security right setting.
  • You are authorized to give notice of the fact that you have established a security right.
  • the notary public may register the date of confirmation and transmit it to the asset management device 400.
  • the asset management device 400 receives the information on the security right setting notification in which the date of confirmation has been registered, the security right,
  • the counter-force of the security right may be generated by the notification of the setting.
  • FIG. 5 illustrates a method of operating an asset management apparatus according to another embodiment of the present invention.
  • Steps S510 to S540 are described in the same manner as steps S410 to S440 described with reference to FIG. In the following description, redundant descriptions are omitted.
  • the interface module 210 may send a disposition query signal to interested parties.
  • the disposition inquiry signal is a signal for inquiring a stakeholder whether to approve the disposition for restoring the state of the asset or eliminating the reason for the transaction restriction.
  • the interface module 210 may receive a disposal approval signal from a stakeholder.
  • the foreclosure approval signal refers to a signal including a stakeholder's intention to approve the disposition for the purpose of restoring the condition of the asset or eliminating the reason for the restriction on the transaction.
  • the configuration management module 230 may set approval of the stakeholder for the disposal in the account information database 260.
  • step S570 when the stakeholder's approval of the disposal is set in the account information database 260, the disposal performing module 250 may perform the disposal of the asset in operation S540.
  • step S540 is shown after step S570.
  • step S530 may be performed after step S570.
  • the state sensing module 220 may further include determining whether the occurrence of the transaction restriction reason is maintained after the step S560 or the S570. If it is determined in the determining step that the occurrence of the transaction restriction reason is not maintained, step S540 may not be performed. This is to reflect the occurrence or resolution of the reason for limiting the transaction due to the change in the value of the asset until the stakeholder approves the disposal of the asset.
  • a method of operating an asset management apparatus may be a computer readable program in which a program for performing the method (400, 500) of operating the asset management apparatus according to the embodiment of the present invention described above with reference to FIGS. 4 to 5 is recorded. It may be implemented by a recording medium.
  • Computer-readable recording media include all types of recording devices that store data that can be read by a computer. Examples of computer-readable recording media include ROM, RAM, CD-ROM, magnetic tape, floppy disk, optical data storage device, and the like, and may also be implemented in the form of a carrier wave such as transmission over the Internet.
  • the computer readable recording medium can also be distributed over network coupled computer systems so that the code is stored and executed in a distributed fashion.

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Abstract

La présente invention concerne, selon certains modes de réalisation, un dispositif de gestion de biens et un procédé pour l'exploiter. Le dispositif peut comporter: une base de données d'informations de compte comprenant des informations sur les actifs d'un client qui peuvent être affichées sous la forme d'un compte et gérées, des informations sur des parties concernées ayant des intérêts dans la valeur ou la liquidation des actifs en raison de stipulations juridiques ou contractuelles, informations de propriétés sur des motifs spécifiés d'opposition à des transactions impliquant les actifs, des informations de propriétés indiquant s'il y a lieu d'opposition à la liquidation des actifs, et des informations de propriétés indiquant s'il y a lieu d'autoriser les parties concernées à prendre des mesures pour invalider d'éventuels motifs qui pourraient apparaître d'opposition à des transactions impliquant les actifs; un module de détection d'état servant à surveiller des actifs pour lesquels des motifs d'opposition à des transactions sont spécifiés, et à détecter la génération de motifs d'opposition à des transactions impliquant les actifs; un module de gestion de paramétrages servant à spécifier des restrictions sur des mesures susceptibles d'être prises par rapport aux actifs pour lesquels les motifs d'opposition à des transactions ont été donnés, en se référant à la base de données d'informations de compte; un module de détermination d'autorisation servant à déterminer s'il y a lieu d'autoriser les parties concernées à prendre des mesures pour invalider les motifs donnés d'opposition à des transactions impliquant les actifs, en se référant à la base de données d'informations de compte; et un module de liquidation servant à autoriser la liquidation des actifs lorsque le module de détermination d'autorisation détermine que les parties concernées ont approuvé la liquidation.
PCT/KR2014/012417 2014-12-16 2014-12-16 Dispositif de gestion d'actifs et procédé pour l'exploiter WO2016098919A1 (fr)

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CN201480084130.6A CN107111842A (zh) 2014-12-16 2014-12-16 资产管理装置及其操作方法
PCT/KR2014/012417 WO2016098919A1 (fr) 2014-12-16 2014-12-16 Dispositif de gestion d'actifs et procédé pour l'exploiter
JP2017533033A JP6434627B2 (ja) 2014-12-16 2014-12-16 資産管理装置及びその動作方法

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