Non-profit corporations

How to Incorporate a Church — Incorporation Permit Procedure for a Religious Incorporated Association or Incorporated Foundation

Churches and religious organizations often operate without a corporation, but they can incorporate as an incorporated association or an incorporated foundation for property management or external activities. Having real estate does not automatically mean that an incorporated foundation is the right choice; the structure is chosen according to the membership organization, the decision-making method and the composition of property. Designing the corporate structure comes before the articles of incorporation.

Procedure

  1. 1. Deciding the purpose and structure of incorporation

    An incorporated association fits if the organization will be run around the general meeting of church members, and an incorporated foundation fits if the purpose business will be carried on based on contributed property. Judge by the purpose of incorporation, whether there is a membership organization, whose name the real estate is in, the property to be contributed and who makes decisions.

  2. 2. Sorting out the composition of property

    Establishing a corporation does not automatically put real estate held in the personal name of the pastor or church members into the corporation's name. Decide which property to transfer to the corporation and prepare an inventory of property divided into basic property and operating property.

  3. 3. Reviewing the rental income plan

    If rental income from a building you own is to support the purpose business, review whether this is consistent with the scope of business in the articles of incorporation, the competent authority's permit and supervision standards, and the composition of basic property. Prepare a revenue and expenditure budget that includes not only expected rental income but also vacancies, management fees, repair costs and the corporation's operating expenses.

  4. 4. Drafting the articles of incorporation and holding the inaugural general meeting

    Draft the articles of incorporation with provisions on the name, purpose, business, property, officers, and the general meeting and board of directors, and adopt them by resolution at the inaugural general meeting. The contents of the articles of incorporation, inventory of property, business plan and revenue and expenditure budget must be consistent with one another.

  5. 5. Applying for the incorporation permit and subsequent procedures

    When you apply to the competent authority for an incorporation permit, you are notified whether the permit is granted after document review and an on-site inspection, and you may be asked to supplement the documents. After the permit, incorporation registration, transfer of property, and business registration or application for a unique identification number follow.

Required documents

  • Application for permit to establish a non-profit corporation
  • Articles of incorporation and statement of purpose of establishment
  • Inventory of property and proof of property (divided into basic property and operating property), and written pledge of contribution
  • List of officers and letters of acceptance of office
  • Minutes of the inaugural general meeting
  • Business plan and revenue and expenditure budget
  • Records of religious activities

Fees

The government fee for the incorporation permit application itself is not large, but government charges are incurred separately in registration and property transfer after establishment. In the industry, fees for preparing incorporation permit documents range from several hundred thousand won to several million won and vary with the composition of property and the scope of designing the articles of incorporation. We will advise you after a consultation based on the status of the organization and its property documents.

Legal basis and review date

  • Civil Act, Article 32
  • Civil Act, Article 40
  • Civil Act, Article 43
  • Civil Act, Article 49
  • Rules on the Establishment and Supervision of Non-Profit Corporations under the Jurisdiction of the Ministry of Culture, Sports and Tourism and the Korea Heritage Service, Article 3
  • Rules on the Establishment and Supervision of Non-Profit Corporations under the Jurisdiction of the Ministry of Culture, Sports and Tourism and the Korea Heritage Service, Article 5

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Review the corporate structure and property plan before any contract to buy, sell or lease real estate.
  • Rather than copying another church's incorporation as it is, design the structure to fit the church's own history and how its property was formed.

Frequently asked questions

Which is right for a church, an incorporated association or an incorporated foundation?
An incorporated association fits a structure where decisions are made by the general meeting of church members, and an incorporated foundation fits a structure operated on the basis of contributed property. Do not choose an incorporated foundation merely because there is real estate; look at the method of operation and the composition of property together.
If a church is incorporated, does real estate in the pastor's name become the corporation's?
It does not change automatically. After the incorporation permit, it must be transferred into the corporation's name through the contribution procedure, and the costs and steps of this process must be planned in advance.
Can a religious corporation receive rental income from a building?
This is judged by the purpose and scope of business in the articles of incorporation, the competent authority's supervision standards and the composition of basic property. To support the purpose business with rental income, prepare a specific revenue and expenditure plan and reflect it in the incorporation permit documents.
Can a church that is not a corporation be recognized as an official organization?
Religious organizations that find it hard to meet the requirements for incorporation often operate as an unincorporated association, obtain a unique identification number from the tax office and act in the organization's name. Whether to incorporate is judged by the size of the property and the planned activities.
Can an administrative agent handle the incorporation permit for a religious corporation on my behalf?
Yes. Hwang Yunsang Administrative Office reviews the corporate structure, drafts the articles of incorporation, statement of purpose of establishment, inventory of property, business plan and revenue and expenditure budget, and handles the incorporation permit application to the competent authority and responses to requests for supplementary documents on your behalf.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.