This article offers crucial insights for individuals interested in starting a business in South Korea. As Seoul grows into a major global business hub with abundant opportunities, it has become increasingly attractive to foreign entrepreneurs looking to enter the market with innovative ventures. However, having a strong business plan alone is not sufficient to navigate the complexities of establishing a company in Korea. Foreign investors must be familiar with the detailed processes involved in setting up and managing a business in the country. Below, we explore four types of companies that foreigners might consider when starting operations in South Korea.
Creating a subsidiary, also known as a local corporation or Foreign Direct Investment (FDI) company, is an ideal route for entities governed by foreign laws or those involved in collaborative economic initiatives with foreign governments. This structure allows businesses to expand their presence and capitalize on new opportunities within South Korea.
Subsidiaries are governed by the Foreign Investment Promotion Act (FIPA) and are required to follow the same corporate and legal standards as domestic firms. As FDI entities under FIPA, they benefit from incentives such as tax exemptions, financial support, and assistance with industrial facilities.
To access these foreign investment benefits, a foreign entity must invest at least KRW 100 million in a company owned and managed by a Korean citizen. Popular structures for subsidiaries include partnerships, limited partnerships, limited liability companies, stock companies, and limited companies. Limited liability and stock companies are particularly favored by foreign investors due to their relatively straightforward regulatory requirements and incorporation process.
Foreign entrepreneurs considering company formation in Korea have multiple strategic options. Whether opting for a private business, branch office, or liaison office, each structure comes with its own regulatory requirements and advantages for navigating South Korea’s dynamic market.
To establish a private business in Korea, foreign investors must make a significant investment of at least KRW 100 million, aligning with the guidelines of the Foreign Investment Promotion Act (FIPA).
Alternatively, a branch office can be established under the Foreign Exchange Transaction Act (FETA). This entity allows the main company to conduct profit-generating activities in South Korea, operating as a permanent establishment subject to local tax laws and regulations.
A liaison office, governed by FETA, is suitable for non-profit activities such as market research or development. Since it does not generate taxable income in Korea, it requires minimal registration, making it a simpler option for those seeking a presence in the country without engaging in direct commercial activities.
It’s essential to understand the regulatory landscape, as foreign involvement is either prohibited or partially restricted in certain sectors such as banking, media, and agriculture. These limitations can influence the strategic decisions of foreign businesses aiming to enter the Korean market.
Seoul’s emergence as a global business hub continues to attract foreign investors with its strategic location and strong economic policies. For entrepreneurs looking to establish a successful business in Korea, a clear vision must be paired with a deep understanding of the regulatory environment.
Pearson & Partners Korea provides expert guidance throughout the process of company formation in Korea, ensuring compliance and long-term success. Reach out to us to start your journey in South Korea’s thriving market with confidence.