Korea Company Registration Guide: Steps, Types, and Requirements for Foreign Investors

South Korea is a prime destination for foreigners looking to start businesses, thanks to its advanced economy and strategic location between economic giants China and Japan. Known as one of the Four Asian Tigers, South Korea offers an efficient company registration process, making it ideal for both new and seasoned entrepreneurs. This guide provides a concise overview of the steps and requirements to register a company in South Korea.

Types of Business Entities in South Korea

South Korea offers various types of business entities, each with options tailored to company size and ownership structure. For sole ownership or partnerships with local or foreign investors, common choices include Joint Stock Company (Chusik Hoesa), Limited Liability Company (Yuhan Hoesa), Partnerships (General, Limited, and Limited Liability), Branch Offices, and Liaison Offices.

It's worth noting that privately owned businesses in South Korea cannot use "hoesa" (meaning "corporation") in their names.

Joint Stock Company (Chusik Hoesa)

A Joint Stock Company allows for issuing public shares, with shareholder liability limited to invested capital. This structure is popular among foreign investors, requires annual shareholder meetings, and allows shares to be transferred with board approval.

Limited Liability Company (Yuhan Hoesa)

The Limited Liability Company is a preferred structure for foreign investors due to its flexible requirements, including at least one director and shareholder (any nationality) and no minimum capital. Under the Foreign Investment Promotion Law (FIPL), foreign-owned local corporations qualify as foreign investors and must invest at least 100 million KRW.

Partnerships and Other Entities

South Korea offers General Partnerships, Limited Partnerships, and Limited Liability Partnerships, each with different liability arrangements. Foreign entrepreneurs may also establish branch offices, which operate as extensions of the parent company, or liaison offices, limited to non-commercial activities such as research.

Steps to Establish a Company in South Korea

To start a company in South Korea, follow these steps:

1. Reserve a trading name.
2. Prepare the Articles of Association.
3. Submit documents to the Companies Register.
4. Open a company bank account.
5. Obtain a tax identification number.
6. Apply for necessary licenses.

Each company type requires at least one shareholder and one director, with no residency or citizenship requirements for non-Korean residents. Registration with the Trade Register typically takes two weeks, with bank setup and licenses adding about a week.

Consulting local advisors is recommended for foreign investors to simplify the incorporation process.

Requirements for Company Registration in South Korea

Capital and Compliance

South Korea does not require a minimum share capital for private companies, though a capital allocation of at least USD 5,000 is advisable. Foreign entrepreneurs can choose to incorporate locally, set up a branch, or open a liaison office, with compliance governed by Foreign Direct Investment (FDI) laws. Incorporating a local company requires a minimum investment of 100 million KRW and FDI Board notification.

Businesses in South Korea, even if informal or with local employees, may need to report to tax authorities. Foreign nationals must secure an entrepreneur visa for eligibility for a Korean residence permit, and stays over six months require an alien registration card for local services access.

Conclusion

South Korea’s advanced economy and efficient registration processes make it an attractive option for foreign entrepreneurs. For expert guidance in launching your business, contact us; our experienced team helps you navigate complexities and ensures a smooth start to your business journey in Korea.