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Setting Up a Foreign Investment Company in Korea: Steps and Timeline

This guide provides detailed information on the procedures and necessary documents for establishing a foreign

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Setting Up a Foreign Investment Company in Korea: Steps and Timeline
Foreign InvestmentCompany SetupVisa

Setting Up a Foreign Investment Company in Korea: Steps and Timeline

This guide provides detailed information on the procedures and necessary documents for establishing a foreign investment company in Korea, reflecting the latest legal standards.

Table of Contents

  1. Overview of Foreign Investment Companies in Korea
  2. Overview of the Establishment Process
  3. Choosing a Corporate Structure
  4. Required Documents and Conditions
  5. Foreign Investment Reporting Procedure
  6. Tax Registration Procedure
  7. Post-Establishment Obligations
  8. Frequently Asked Questions
  9. Support Services from Vision Administrative Office

1. Overview of Foreign Investment Companies in Korea

Korea provides a welcoming environment for foreign investors, and establishing a foreign investment company is an effective way to enter the Korean market. A foreign investment company operates based on foreign capital, and the Korean government promotes this to drive economic growth and job creation.

2. Overview of the Establishment Process

Setting up a foreign investment company involves several steps. Here’s a general overview of the process:

  1. Develop a business plan
  2. Apply for corporation registration
  3. Report foreign investment
  4. Complete tax registration
  5. Start operations

Each step is significant, and it is essential to follow the correct procedures.

3. Choosing a Corporate Structure

In Korea, foreign investment companies can be registered as either stock companies or limited liability companies. Stock companies are generally preferred by foreign investors due to their larger capital and limited liability for investors. In contrast, limited liability companies are easier to establish and manage.

4. Required Documents and Conditions

To establish a foreign investment company, the following documents are required:

  • Business plan
  • Corporation establishment agreement
  • Investor’s identification and proof of address
  • Capital verification document
  • Other necessary documents

These documents may vary based on the requirements at each stage.

5. Foreign Investment Reporting Procedure

Foreign investment reporting must be conducted according to Korea's Foreign Investment Promotion Act, and investors should follow these steps:

  1. Prepare the foreign investment report
  2. Submit relevant documents
  3. Confirm completion of the report

Once the report is completed, foreign investors can legally operate their business in Korea.

The report is made under the Foreign Investment Promotion Act; please confirm the specific provisions and forms with KOTRA or a foreign exchange bank.

6. Tax Registration Procedure

After corporation registration, tax registration is required and is a critical step for business operations. The tax registration process includes:

  1. Applying for corporation registration at the tax office
  2. Obtaining a tax number
  3. Preparing for VAT and income tax filings

Once tax registration is completed, regular tax filings must be submitted.

How Long Does Company Setup Take? The Steps Involved

This page does not state a fixed duration. Setup involves the steps below, and the time each takes depends on the competent authority and on whether documents need to be supplemented.

  • Foreign investment report and issuance of the report certificate (KOTRA or a foreign exchange bank)
  • Remittance and confirmation of the investment funds
  • Incorporation registration at the court registry
  • Business registration at the tax office
  • FIE registration (the legal deadline is 60 days from the date the triggering event occurred; this is a filing deadline, not a processing time)
  • D-8 visa review (visa issuance certificate application or direct application at immigration)
  • Alien registration after entry (within 90 days)

Processing time at each step varies with the competent authority.

7. Post-Establishment Obligations

Foreign investment companies must comply with several obligations after establishment. These include:

  • Accounting audits where required by law
  • Tax filings and payments
  • Maintaining foreign investor registration
  • Compliance with business-related regulations

Diligently fulfilling these obligations contributes to the stability and credibility of the business.

8. Frequently Asked Questions

Frequently Asked Questions

Q. What are the basic procedures required to establish a foreign investment company in Korea?

A. The process includes creating a business plan, registering the corporation, reporting foreign investment, and tax registration.

Q. What types of corporate structures are available for foreign investment companies?

A. Various corporate forms such as stock companies and limited liability companies are available, with choices depending on the business characteristics.

Q. What is the minimum capital required for foreign investment?

A. The D-8 (corporate investment) visa requires an investment of at least KRW 100 million together with ownership of at least 10% of the voting shares of the invested corporation (or share ownership plus a contract to dispatch or appoint officers). For other cases, please confirm with KOTRA or a foreign exchange bank.

Q. What obligations must be maintained after establishing a foreign investment company?

A. Obligations include accounting audits (where required by law), tax filings, and maintaining foreign investor registration.

Q. How long does it take to set up a foreign investment company?

A. Processing time varies depending on the competent Immigration Office.

Q. What steps are involved in setting up a foreign investment company, and how long does it take?

A. There is no fixed duration. The steps are the foreign investment report and report certificate, remittance of the funds, incorporation registration, business registration and FIE registration (within 60 days from the date the triggering event occurred, Enforcement Decree of the Foreign Investment Promotion Act, Art. 27), and the processing time at each step depends on the competent authority.

9. Support Services from Vision Administrative Office

Vision Administrative Office offers professional consulting and support for establishing foreign investment companies. We provide customized services tailored to our clients' needs and are committed to assisting in the successful operation of businesses in Korea.

Free Consultation with Vision Administrative Office

A visa specialist will provide direct consultation. Available in Korean, English, Chinese, and Japanese.

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FAQ

Q. What are the basic procedures required to establish a foreign investment company in Korea?
A. The process includes creating a business plan, registering the corporation, reporting foreign investment, and tax registration.
Q. What types of corporate structures are available for foreign investment companies?
A. Various corporate forms such as stock companies and limited liability companies are available, with choices depending on the business characteristics.
Q. What is the minimum capital required for foreign investment?
A. The D-8 (corporate investment) visa requires an investment of at least KRW 100 million together with ownership of at least 10% of the voting shares of the invested corporation (or share ownership plus a contract to dispatch or appoint officers). For other cases, please confirm with KOTRA or a foreign exchange bank.
Q. What obligations must be maintained after establishing a foreign investment company?
A. Obligations include accounting audits (where required by law), tax filings, and maintaining foreign investor registration.
Q. How long does it take to set up a foreign investment company?
A. Processing time varies depending on the competent Immigration Office.
Q. What steps are involved in setting up a foreign investment company, and how long does it take?
A. There is no fixed duration. The steps are the foreign investment report and report certificate, remittance of the funds, incorporation registration, business registration and FIE registration (within 60 days from the date the triggering event occurred, Enforcement Decree of the Foreign Investment Promotion Act, Art. 27), and the processing time at each step depends on the competent authority.