Agricultural & fishery corporations
Farming Association Corporation Establishment Procedure — The 5-Farmer Requirement and Tax Benefits
A farming association corporation is a corporation in which 5 or more farmers contribute jointly and run a cooperative business. There is no limit on the total amount of contributions, and if the requirements are met there are tax benefits such as a corporate tax reduction on income from crop cultivation and carry-over taxation of capital gains tax on farmland contributed in kind. If the number of members falls below 5, new members must be added within 1 year, so start by planning the membership.
Procedure
1. Check the membership
5 or more farmers (or agricultural producers' organizations such as agricultural cooperatives) must be members, and at the registration of establishment, documents confirming that the members are farmers (agricultural business entity registration confirmation certificate, farmer confirmation certificate, etc.) are submitted. Discuss in advance each member's amount of contribution and role, and even the possibility of withdrawal in the future. In practice, the contribution per member is often set at around 1,000,000 to 5,000,000 won.
2. Draft the articles of association and hold the inaugural general meeting
The articles of association set out the business purposes, the method of contribution, the admission and withdrawal of members, the method of resolution, and the distribution of surplus. Hold the inaugural general meeting to adopt the articles of association and elect the representative director and the directors, and then prepare the minutes.
3. Make the contributions, report the establishment and register the establishment
Make the cash contributions and the contributions in kind such as farmland and grassland, and file a report of establishment with the city, county or district (si/gun/gu) office having jurisdiction over the principal office. Within 14 days from the day the report confirmation certificate is received, apply for the registration of establishment at the competent registry office with that certificate attached.
4. Business registration and agricultural business entity registration
After the registration, register the business at the tax office and register the corporation as an agricultural business entity. Policy support and tax reductions can be applied only after the entity is registered.
Required documents
- Articles of association
- Minutes of the inaugural general meeting
- List of members and details of contributions
- Documents confirming that each member is a farmer (agricultural business entity registration confirmation certificate, farmer confirmation certificate, etc.)
- Report of establishment for the city, county or district (si/gun/gu) office (the report confirmation certificate is attached at the registration of establishment)
- Officers' written acceptance of office and identification documents
- For contributions in kind: documents on the farmland or grassland
Fees
Registration and license tax for the registration of establishment and registration costs are charged separately. Administrative agent service fees in the industry generally range from several hundred thousand won up to the 1,000,000 won range and vary with the number of members, whether there are contributions in kind, and the scope of drafting the articles of association. We will advise you after a consultation based on the members and the business plan.
Legal basis and review date
- Act on Fostering and Supporting Agricultural and Fisheries Business Entities, Article 16
- Act on Fostering and Supporting Agricultural and Fisheries Business Entities, Article 16-3
- Enforcement Decree of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities, Article 13
- Enforcement Decree of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities, Article 13-2
- Restriction of Special Taxation Act, Article 66
- Restriction of Special Local Taxation Act, Article 11
- Enforcement Decree of the Restriction of Special Taxation Act, Article 63
Check these first
- If the number of members falls below 5, new members must be added within 1 year.
- Tax reductions have requirements and time limits, so whether they apply must be checked before establishment.
Frequently asked questions
How many people are needed to establish a farming association corporation?
What is the difference between a farming association corporation and an agricultural company corporation?
What tax benefits does a farming association corporation have?
What is the minimum contribution for a farming association corporation?
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.
