Korea's Financial Regulator May Be Granted "Emergency Intervention Powers": Can Restrict Leveraged ETF Multiples and Set Investment Caps During Extreme Market Conditions

Odaily News - South Korea's financial regulatory authorities are pushing forward with amendments to the Capital Markets Act, planning to grant regulators "emergency intervention powers" to directly implement market stabilization measures during periods of severe stock market volatility. The Financial Services Commission (FSC) has initiated related legislative revisions together with the Financial Supervisory Service (FSS), focusing on single-stock leveraged ETF products that are believed to have amplified volatility during the recent market plunge. Proposed measures include adjusting leverage multiples and setting investment caps.

Currently, certain single-stock leveraged ETFs in the Korean market employ leverage of up to 2x. Regulators are discussing whether to allow temporary reductions in leverage multiples during abnormal market fluctuations to mitigate risks arising from concentrated fund trading. This approach draws on recent regulatory measures in Hong Kong. The Securities and Futures Commission (SFC) of Hong Kong has previously permitted institutions that meet asset management capability, risk control standards, and disclosure requirements to adjust the multiples of listed leveraged and inverse products, providing room for dynamic market oversight.

Korean regulators believe that under the current system, matters involving changes to return structures may require approval from fund holder meetings, making it difficult to meet the need for rapid response in extreme market environments. Therefore, they plan to establish an emergency regulatory mechanism that can be activated without complex procedures. Additionally, Korean financial regulators are considering: setting individual investment limits on single-stock leveraged ETFs, capping investment limits uniformly at approximately 20% to prevent excessive capital concentration, and introducing a simulation-based trading system to enhance investors' understanding of risks associated with leveraged products.

Korean regulators stated that raising the basic margin requirement primarily raises the investment threshold, while investment limits function as a "cap" on capital inflows. Together, the two measures will form a complementary risk control system.

Previously, starting July 31, South Korea raised the minimum margin requirement for investors in single-stock leveraged ETFs from 10 million Korean won to 30 million Korean won. Data shows that on the first day of the new rule's implementation, the trading volume of 16 related leveraged ETFs stood at approximately 3 trillion Korean won, only about one-fourth of the 12.4 trillion Korean won recorded the previous trading day and down roughly 80% from the 15 trillion Korean won level on July 29. (NATE)