Start-up & business operations
How to File a Foreign Investment Report — 100,000,000 won and 10% Shareholding Requirements and Registration of a Foreign-Invested Company within 60 Days
When a foreigner acquires shares of a Korean corporation worth 100,000,000 won or more and holds 10% or more of the voting shares, or dispatches or appoints an officer to the company, it is a foreign investment under the Foreign Investment Promotion Act. Before investing, the investor files a foreign investment report with the Korea Trade-Investment Promotion Agency (KOTRA) or a foreign exchange bank, and after paying in the investment, registers the foreign-invested company within 60 days from that date. The registration certificate is used later for change registrations and as proof of investment when applying for the corporate investment (D-8) status of stay.
Procedure
1. Check whether it counts as foreign investment
It is a foreign investment if the investment amount is 100,000,000 won or more and the investor holds 10% or more of the total voting shares or total contributions, or dispatches or appoints an officer to the company. If 2 or more foreigners invest together, the amount is judged per person. If the requirements are not met, other foreign exchange procedures are reviewed instead of the Foreign Investment Promotion Act.
2. File the foreign investment report before investing
Submit two copies of the foreign investment report with the attached documents to KOTRA or a foreign exchange bank in advance. Once the report is received, a report certificate is issued without delay. In cases set by law, such as acquiring existing shares of a listed company, capitalization of reserves, or inheritance or gift of shares of a registered foreign-invested company, the report may be filed within 60 days after the acquisition.
3. Bring in the investment funds and incorporate or increase capital
Bring the investment funds in from abroad as reported and pay them in as capital for incorporation or as payment for a capital increase. The investment funds may not be used for purposes other than those reported. Keep the remittance and foreign currency purchase records, as they are used again at the registration stage.
4. Register the foreign-invested company (within 60 days)
Register the foreign-invested company within 60 days from the date the payment of the contribution is completed or the share price is settled. If the 100,000,000 won and 10% shareholding requirements are met, registration is possible even before the payment is completed. The registration certificate may not be transferred or lent to anyone else.
5. Change registration and cancellation
File a change registration if the foreign investment ratio, investment amount, the foreign investor's trade name or nationality, the company's trade name or address, or its business changes, or if shares are transferred. If the foreign investor transfers all shares to Korean nationals or loses all shares through a capital reduction, the registration is cancelled.
Required documents
- Foreign investment report (form by investment type, 2 copies)
- Documents proving the foreign investor's identity (passport copy for individuals, corporate certificates for corporations)
- Proof of bringing in the investment funds (overseas remittance and foreign currency purchase records)
- Application for registration of a foreign-invested company
- Certificate of corporate registration, business registration certificate, shareholder register
- Letter of authorization (when reporting or registering through an agent)
Fees
Typically several hundred thousand won in the industry · We will advise after consultation depending on whether it is a new investment, a capital increase or share acquisition, and whether incorporation and visa documents are handled together.
Legal basis and review date
- Foreign Investment Promotion Act, Article 2
- Foreign Investment Promotion Act, Article 5
- Foreign Investment Promotion Act, Article 21
- Enforcement Decree of the Foreign Investment Promotion Act, Article 2
- Enforcement Decree of the Foreign Investment Promotion Act, Article 27
- Enforcement Rule of the Foreign Investment Promotion Act, Article 2
Check these first
- Remitting the investment funds before the report can complicate the procedure, so decide the investment method and timing of the report first.
- If the trade name, address or investment ratio changes after registration, a change registration is needed so that the certificate matches the actual situation.
Frequently asked questions
From what amount is it recognized as foreign investment?
When must the foreign investment report be filed?
By when must the foreign-invested company be registered?
Can the investment funds be used for something other than running the company?
Do I report again if I sell part of my shares?
Does an administrative agent handle the foreign investment report?
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.
