Securities Registration (ads, Immediate) (f-6ef)
11 Enero 2019 - 10:21AM
Edgar (US Regulatory)
As filed with the Securities and Exchange Commission
on January 11, 2019
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Registration No. 333 -
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM F-6
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933 FOR AMERICAN
DEPOSITARY SHARES EVIDENCED BY
AMERICAN DEPOSITARY RECEIPTS
WOORI FINANCIAL GROUP INC.
(Exact name of issuer of deposited securities
as specified in its charter)
WOORI FINANCIAL GROUP INC.
(Translation of issuer’s name into
English)
The Republic of Korea
(Jurisdiction of incorporation or organization
of issuer
)
CITIBANK, N.A.
(Exact name of depositary as specified in
its charter
)
388 Greenwich Street
New York, New York 10013
(877) 248-4237
(Address, including zip code, and telephone
number, including area code, of depositary’s principal executive offices)
Woori Bank New York Agency
245 Park Avenue, 43
rd
Floor
New York, New York 10167
(212) 949-1900
(Address, including zip code, and telephone
number, including area code, of agent for service)
Copies to:
Yong G. Lee, Esq.
Cleary Gottlieb Steen &
Hamilton LLP
Foreign Legal Consultant Office
19F, Ferrum Tower
19, Eulji-ro 5-gil, Jung-gu
Seoul 04539, Korea
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Herman H. Raspé, Esq.
Patterson Belknap Webb & Tyler
LLP
1133 Avenue of the Americas
New York, New York 10036
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It is proposed that this filing become effective under Rule 466:
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☒
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immediately upon filing.
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☐
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on (Date) at (Time).
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If a separate registration statement has been filed to register the deposited shares, check the following
box: ☒
CALCULATION OF REGISTRATION FEE
Title of Each Class of
Securities
to be Registered
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Amount to be
Registered
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Proposed Maximum
Aggregate Price Per Unit*
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Proposed
Maximum
Aggregate
Offering
Price**
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Amount of
Registration
Fee
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American
Depositary Shares (“ADSs”), each ADS representing three (3) Shares of Common Stock
,
par value 5,000 Won per
share, of Woori Financial Group Inc.
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100,000,000
ADSs
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$5.00
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$5,000,000.00
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$606.00
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*
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Each unit represents 100 American Depositary Shares.
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**
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Estimated solely for the purpose of calculating the registration fee. Pursuant to Rule 457(k), such estimate is computed on
the basis of the maximum aggregate fees or charges to be imposed in connection with the issuance of receipts evidencing American
Depositary Shares.
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This Registration Statement may be executed
in any number of counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute
one and the same instrument.
PART I
INFORMATION REQUIRED IN PROSPECTUS
Cross Reference Sheet
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Item 1.
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DESCRIPTION OF SECURITIES TO BE REGISTERED
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Item Number and Caption
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Location in Form of American
Depositary Receipt (“Receipt”)
Filed Herewith as Prospectus
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1.
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Name of Depositary and address of its principal executive office
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Face of Receipt
- Introductory Article and final sentence on face.
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2.
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Title of Receipts and identity of deposited securities
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Face of Receipt
- Top Center.
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Terms of Deposit:
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(i)
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The amount of deposited securities represented by one American Depositary Share
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Face of Receipt
- Upper right corner.
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(ii)
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The procedure for voting, if any, the deposited securities
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Reverse of Receipt
- Paragraphs (13)
and (14).
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(iii)
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The collection and distribution of dividends
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Reverse of Receipt
- Paragraph (12).
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(iv)
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The transmission of notices, reports and proxy soliciting material
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Reverse of Receipt
– Paragraphs (13), (14) and (16).
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(v)
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The sale or exercise of rights
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Reverse of Receipt
– Paragraphs (12) and
(13).
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Item Number and Caption
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Location in Form of American
Depositary Receipt (“Receipt”)
Filed Herewith as Prospectus
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(vi)
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The deposit or sale of securities resulting from dividends, splits or plans of reorganization
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Face of Receipt
- Paragraph (3);
Reverse of Receipt
- Paragraphs (10), (12) and
(15).
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(vii)
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Amendment, extension or termination of the deposit agreement
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Reverse of Receipt
- Paragraphs (21) and (22) (no provision for extensions).
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(viii)
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Rights of holders of Receipts to inspect the transfer books of the Depositary and the list of holders of Receipts
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Reverse of Receipt
- Paragraph (16).
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(ix)
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Restrictions upon the right to deposit or withdraw the underlying securities
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Face of Receipt
– Paragraphs (2), (3),
(4) and (5);
Reverse of Receipt
- Paragraphs (6) and (7).
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(x)
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Limitation upon the liability of the Depositary
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Face of Receipt
- Paragraph (5);
Reverse of Receipt
– Paragraph (18).
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(xi)
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Fees and charges which may be imposed directly or indirectly on holders of Receipts
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Reverse of Receipt
- Paragraph (7).
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Item 2.
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AVAILABLE INFORMATION
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Reverse of Receipt
- Paragraph (11).
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The
Company is subject to the periodic reporting requirements of the United States Securities Exchange Act of 1934, as amended, and,
accordingly, is required to file or submit certain reports with, and submits certain reports to, the United States Securities
and Exchange Commission (the “
Commission
”). These reports can be retrieved from the Commission’s internet
website (www.sec.gov), and can be inspected and copied at the public reference facilities maintained by the Commission at 100
F Street, N.E., Washington D.C. 20549.
PROSPECTUS
The Prospectus consists of the proposed form of American
Depositary Receipt included as Exhibit A to the Second Amended and Restated Deposit Agreement filed as Exhibit (a)(i) to this
Registration Statement on Form F-6 and is incorporated herein by reference.
PART II
INFORMATION NOT REQUIRED IN PROSPECTUS
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(a)
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(i) Form of Second Amended and Restated Deposit Agreement, by and among Woori Financial Group Inc. (the “Company”),
Citibank, N.A., as depositary (the “Depositary”), all Holders and Beneficial Owners of American Depositary Shares issued
thereunder, and Woori Bank joining in the execution solely for the purpose of specified therein (“Deposit Agreement”).
___
Filed herewith as Exhibit (a)(i).
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(ii) Amended and Restated Deposit
Agreement, dated as of November 8, 2014, by and among Woori Bank, the Depositary, and all holders and beneficial owners from time
to time of the American depositary shares issued thereunder.
___
Filed herewith as Exhibit (a)(ii).
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(b)
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Any other agreement to which the Depositary is a party relating to the issuance of the American Depositary Shares registered
hereunder or the custody of the deposited securities represented thereby.
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None.
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(c)
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Every material contract relating to the deposited securities between the Depositary and the issuer of the deposited securities
in effect at any time within the last three years.
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None.
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(d)
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Opinion of counsel for the Depositary as to the legality of the securities to be registered.
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Filed herewith
as Exhibit (d).
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(e)
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Certificate under Rule 466.
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Filed herewith as Exhibit (e).
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(f)
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Powers of Attorney for certain officers and directors and the authorized representative of the Company. Set forth on the signature
pages hereto.
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(a)
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The Depositary undertakes to make available at the principal office of the Depositary in the United States, for inspection
by holders of the Receipts, any reports and communications received from the issuer of the deposited securities which are both
(1) received by the Depositary as the holder of the deposited securities, and (2) made generally available to the holders of the
underlying securities by the issuer.
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(b)
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If the amount of fees charged is not disclosed in the prospectus, the Depositary undertakes to prepare a separate document
stating the amount of any fee charged and describing the service for which it is charged and to deliver promptly a copy of such
fee schedule without charge to anyone upon request. The Depositary undertakes to notify each registered holder of a Receipt thirty
(30) days before any change in the fee schedule.
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SIGNATURES
Pursuant to the requirements of the Securities
Act of 1933, as amended, Citibank, N.A., acting solely on behalf of the legal entity created by the Second Amended and Restated
Deposit Agreement, by and among Woori Financial Group Inc., Citibank, N.A., as depositary, all Holders and Beneficial Owners from
time to time of American Depositary Shares issued thereunder, and Woori Bank joining the execution solely for the purpose set
forth therein, certifies that it has reasonable grounds to believe that all the requirements for filing on Form F-6 are met and
has duly caused this Registration Statement on Form F-6 to be signed on its behalf by the undersigned, thereunto duly authorized,
in the City of New York, State of New York, on the 11th day of January, 2019.
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Legal entity created by the Second Amended and Restated
Deposit Agreement under which the American Depositary Shares hereunder are to be issued, each American Depositary Share representing
three (3) Shares of Common Stock, par value 5,000 Won per share, of Woori Financial Group Inc.
CITIBANK, N.A., solely
in its capacity as Depositary
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By:
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/s/ Leslie DeLuca
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Name: Leslie DeLuca
Title: Attorney-in-Fact
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SIGNATURES
Pursuant to the requirements of the Securities
Act of 1933, as amended, Woori Financial Group Inc. certifies that it has reasonable grounds to believe that all the requirements
for filing on Form F-6 are met and has duly caused this Registration Statement on Form F-6 to be signed on its behalf by the undersigned
thereunto duly authorized, in Seoul, the Republic of Korea, on January 11, 2019.
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WOORI
FINANCIAL GROUP INC.
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By:
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/s/ Tae-Seung Sohn
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Name: Tae-Seung Sohn
Title: Chairman and Chief Executive Officer
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KNOW ALL MEN BY THESE PRESENTS, that each person whose signature
appears below constitutes and appoints Kyong-Hoon Park, Deputy President and Principal Financial and Accounting Officer, and Dong-Su
Choi, Deputy President, and each of them, his true and lawful attorneys-in-fact and agents, with full power of substitution and
resubstitution, for him and in his name, place and stead, in any and all capacities, to sign any and all amendments (including
pre-effective and post-effective amendments) to this registration statement, and to file the same, with all exhibits thereto, and
other documents in connection therewith, with the Securities and Exchange Commission, granting unto said attorneys-in-fact and
agents full power and authority to do and perform each and every act and thing requisite and necessary to be done in and about
the premises, as fully to all intents and purposes as he might or could do in person, hereby ratifying and confirming all that
said attorneys-in-fact and agents, or their or his substitute or substitutes, may lawfully do or cause to be done by virtue thereof.
Pursuant to the requirements of the Securities
Act of 1933, this registration statement has been signed by the following persons in the capacities indicated on January 11, 2019.
Name
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Title
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Signature
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Tae-Seung Sohn
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Chairman and Chief Executive Officer
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/s/ Tae-Seung Sohn
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Kyong-Hoon Park
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Deputy President and Principal Financial
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/s/ Kyong-Hoon Park
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and Accounting Officer
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Sung-Tae Ro
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Outside Director
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/s/ Sung-Tae Ro
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Sang-Yong Park
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Outside Director
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/s/ Sang-Yong Park
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Chan-Hyoung Chung
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Outside Director
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/s/ Chan-Hyoung Chung
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Zhiping Tian
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Outside Director
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/s/ Zhiping Tian
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Dong-Woo Chang
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Outside Director
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/s/ Dong-Woo Chang
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Chang-Sik Bae
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Non-Standing Director
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/s/ Chang-Sik Bae
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Signature
Authorized Representative in the U.S.
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By:
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/s/ Kie Soo Lee
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Name: Kie Soo Lee
Title: General Manager
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Index to Exhibits
Exhibit
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Document
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Sequentially
Numbered Page
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(a)(i)
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Form of Second Amended and Restated Deposit Agreement
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(a)(ii)
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Amended and Restated Deposit Agreement
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(d)
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Opinion of counsel to the Depositary
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(e)
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Certificate under Rule 466
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