Step-by-Step Guide to Korea Company Registration: Structures and Requirements

Selecting the Right Business Structure in South Korea

South Korea’s economic growth remains impressive, with the International Monetary Fund (IMF) forecasting its GDP per capita to reach $36,132 in 2024, surpassing Japan and Taiwan for the second consecutive year. This growth underscores South Korea’s competitiveness and appeal as a destination for foreign businesses. For companies planning to enter this thriving market, choosing the right business structure is critical for optimizing operations, ownership, and taxation.

The primary business structures available include:

1. Subsidiary: A legally independent entity owned by a parent company. It offers autonomy and limited liability, making it a popular option for foreign businesses in South Korea.
2. Private Company (Yuhan Hoesa): A limited liability company (LLC) known for its management flexibility and favorable taxation. Investments exceeding 100 million KRW qualify as foreign-invested under the Foreign Investment Promotion Act, though the entity is still classified as domestic under South Korea’s commercial law.
3. Branch Office: An extension of the parent company that operates in South Korea without separate legal status, requiring specific compliance and reporting.
4. Liaison Office: Restricted to non-commercial activities like market research and promotional efforts, and regulated under the Foreign Exchange Transactions Act.

Your choice of structure depends on factors like your business’s size, industry, and strategic goals. Engaging with legal and financial experts in South Korea is essential to ensure informed decision-making and compliance with local regulations.

Steps to Establish a Business in South Korea

1. Choose a Company Name: Select a unique name in Korean and confirm its availability with the Korean Intellectual Property Office (KIPO).
2. Set Up an Escrow Account and Allocate Capital: Open an escrow account to deposit the required capital, laying the financial foundation for your business.
3. Prepare and Submit Internal Documents: Draft and file key documents like bylaws and resolutions for corporate registration.
4. Obtain a Corporate Registration Certificate: This certificate validates your company's legal status in South Korea.
5. Acquire a Corporate Seal Card: Essential for signing official documents and managing business transactions.
6. Register with the Tax Office: Provide business details to complete registration with tax authorities and ensure compliance.
7. Open a Business Bank Account: Use your corporate registration certificate and other identification documents to open a business bank account.
8. Start Business Operations: Once all steps are complete, you can officially launch your business activities in South Korea.

Conclusion

Entering South Korea’s dynamic market offers immense opportunities for growth and success. From selecting the appropriate business structure to navigating regulatory requirements, a clear understanding of the incorporation process is vital.

Pearson & Partners Korea specializes in guiding businesses through company formation, tax compliance, and regulatory navigation. Contact us for tailored support and make your expansion into South Korea seamless and successful.