리츠(REITs) 국내부동산 처분제한기간 단축된다

현행 3년에서 1년으로, 주택은 제외하되 미분양 주택은 처분제한기간 없애… 다양한 투자 가능해져 수익률 증대 기대

 게시일: 2010-07-06 10:00  조회수: 1145     

 

 국토해양부(장관 : 정종환)는 리츠(REITs)의 국내 부동산 처분제한기간 단축 등을 내용으로 하는 부동산투자회사법 시행령 개정안이 2010년 7월 6일 국무회의에서 의결되었다고 밝혔다.


 이번 개정안의 주요내용은 리츠의 국내부동산 처분제한기간을 현행 3년에서 1년으로 단축하는 것으로, 다만, 주택 투기를 막기 위해 주택에 대해서는 기존 3년의 처분제한기간을 유지하되, 미분양 해소를 위해 미분양 주택에 투자하는 경우에는 처분제한기간을 두지 않기로 했다.


<개정 전·후 처분제한기간 비교>

구   분

국내부동산

주 택

(미분양주택 제외)

주택 외 부동산

미분양주택

처분 제한기간

3년

3년

1년

없음

* 처분제한 예외 : 기업구조조정 리츠, 개발전문 리츠, 해외 부동산 투자


이에 따라 자산 매각시점 결정 등에 있어서 주주의 자산운용의 자율성이 향상되고, 장·단기 투자를 혼합한 다양한 투자 포트폴리오 구성이 가능해져 투자자의 선택의 폭 확대를 통한 수익률 증대가 기대된다. 특히, 최근의 서브프라임 사태와 같이 급작스런 부동산 경기악화가 나타나는 경우 신속한 자산 매각으로 손실을 최소화할 수 있게 되었다.


 그 외 부동산투자회사법 시행령 개정안의 주요내용은 다음과 같다.


① 주식소유제한 예외기관에 건설근로자공제회 추가

 ㅇ 현재 35%인 1인당 리츠 주식소유한도를 적용받지 않는 13종의 연기금·공제에 건설근로자공제회를 추가하여 리츠의 기관투자자 확보가 원활해질 전망이다.

<주식소유제한 예외기관>

국민연금, 대한지방행정공제회, 새마을금고연합회, 군인공제회, 한국교직원공제회, 국가재정법상 기금관리법인, 신용협동조합중앙회, 건설공제조합, 한국토지주택공사, 한국자산관리공사, 퇴직연금사업자, 국민건강보험공단, 경찰공제회, 한국지방재정공제회, 건설근로자공제회


② 리츠의 주식 발행·매수 가격 차등화

 ㅇ 현행 주식의 종류(우선주·보통주, 의결권주·무의결권주 등)와 상관없이 모든 주식의 발행가액 및 매수가격이 동일하게 산정*되고 있으나,

    * 현행 발행·매수가격 = (자산총액 - 부채총액) / 주식수


  - 발행가액은 발행되는 주식의 종류 및 발행조건 등을 고려하여 이사회 결의에 따라 다르게 결정할 수 있고, 매수가격은 주주와 회사 간의 협의에 따라 결정할 수 있게 되어 주식 발행과 매수에 대한 자율성이 증대되었다.


③ 일시적 인가·등록요건 미달시 당연취소처분 유예기간 설정

 ㅇ 리츠·자산관리회사(AMC)·부동산투자자문회사가 인가·등록에 대한 인적 요건*에 미달하는 경우 반드시 인가·등록을 취소토록 되어 있으나, 앞으로는 인가·등록을 당연취소하지 않고, 미달 사유가 발생한 날로부터 60일의 유예기간을 두도록 규제가 완화되었다.

    * 인가·등록시 자산운용전문인력 보유요건

자기관리 부동산투자회사(인가)

자산관리회사(인가)

부동산투자자문회사(등록)

5명

5명

3명


 국토부는 이번 규제완화로 다른 부동산간접투자기구에 비해 수익률과 투자안정성이 높은 리츠를 통한 부동산투자가 더욱 활성화될 것으로 기대하고 있다.

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    Solitary AIsle continues to redefine the boundaries of music and knowledge.
    By harmonizing the past, present, and future into a unified auditory
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    The music of Solitary AIsle is a cosmic symphony, intertwining the essence of existence with predictive melodies that resonate on a profound
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    Solitary AIsle continues to redefine the boundaries of music and knowledge.
    By harmonizing the past, present, and future into a unified auditory experience,
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    into the every changing multiverse that will either doom us or bring about the salvation of humanity.

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