On April 3, 2024, Korea’s Ministry of Trade, Industry, and Energy, together with KOTRA’s Foreign Investment Ombudsman, held a significant meeting with CEOs of foreign-invested companies and representatives from foreign chambers of commerce. This collaborative event centered on new strategies to enhance Korea’s appeal to foreign investors, with an ambitious target of achieving $35 billion in FDI for the year. Key government efforts highlighted in the meeting included increased funding, expanded financial support limits, and fresh legislation to help foreign companies attract local talent.
Below is an overview of essential requirements for establishing a business in Korea and the primary business structures available to foreign investors.
Essential Requirements for Setting Up a Company in Korea
- Capital Allocation: Allocate the initial capital according to the chosen business structure and industry requirements, with funds accessible to initiate company formation.
- Business Proposal: Prepare a comprehensive proposal detailing your business model, target market, financial forecasts, and strategic goals.
- Identification Documents: Gather necessary ID documents (e.g., passports, visas for foreign nationals, and Alien Registration Cards if applicable).
- Office Setup: Establish a physical or virtual office to serve as the official business address in Korea.
Business Structure Options for Foreign Investors
- Limited Company: Offers limited liability to shareholders and is widely chosen by foreign businesses.
- General Partnership: Partners share unlimited liability, with unanimous consent required for transferring ownership.
- Limited Liability Partnership: Allows partners to hold limited and unlimited liability roles as desired.
- Joint Stock Company: Limits shareholder liability to capital contributions, with annual shareholder meetings mandated.
- Branch Office: Operates as an extension of the parent company in Korea, without a separate legal entity.
- Representative Office: Limited to market research and promotional activities, without engaging in direct commercial transactions.
Steps to Registering a Business in Korea
- Select a Business Structure and Name: Choose a suitable structure based on liability needs and register a unique company name.
- Register and Submit Articles of Association: Prepare notarized documents detailing the company’s purpose, shareholder rights, and decision-making framework.
- Submit Incorporation Documents and Fees: Complete submission of documentation to the relevant authorities, including tax and pension registrations.
- Obtain Business License: Acquire any required licenses to operate legally.
- Ensure Compliance and Register FDI Status: Register as a Foreign Direct Investment (FDI) entity if applicable and fulfill ongoing requirements, such as annual reporting.
Incorporating an LLC in Korea
- Notify the Foreign Exchange Bank (FEB): Provide investment details and identification at a designated FEB branch.
- Transfer Capital & Register the Company: Deposit the required capital and complete company registration through the Korean court.
- Set Up Tax and Bank Accounts: Open a corporate bank account, finalize tax registration, and complete FDI filing within 30 days.
Navigating the regulations for incorporating in Korea and selecting the appropriate business structure are crucial steps. Pearson & Partners offers comprehensive support for foreign investors throughout this process. Reach out to us for expert, tailored guidance for your business needs. Contact us.