Non-profit corporations
Procedure for a Non-Profit Corporation to Start a Profit-Making Business — Amendment of the Articles and Commencement Report Within 2 Months
A non-profit corporation may also carry on a profit-making business to the extent necessary to achieve the purpose of its establishment. The key is that profits are not distributed to members but are used for the purpose business. If the articles of association have no basis for a profit-making business, first obtain a permit for amendment of the articles of association from the competent authority, and once the business starts, file a report of commencement of profit-making business with the tax office within 2 months.
Procedure
1. Check the basis in the articles of association
Check whether the purpose business and business provisions of the articles of association contain a basis for a profit-making business. If there is none, apply to the competent authority for a permit for amendment of the articles of association after resolutions of the board of directors and the general meeting. Starting the business before the permit is granted becomes a problem in the authority's supervision.
2. Review the connection with the purpose business
A profit-making business must be a means of achieving the purpose. Pursuing profit alone, unrelated to the purpose business, may be a ground for revocation of the establishment permit. State clearly in the business plan how the profits will be used.
3. Report of commencement of profit-making business to the tax office
File a report of commencement of profit-making business with the competent tax office within 2 months from the date the profit-making business starts. If you supply taxable goods or services, also complete business registration.
4. Separate accounting and reporting to the competent authority
Manage the accounts of the proper purpose business and the accounts of the profit-making business separately. The details of the profit-making business also appear when you report business results and the settlement of accounts to the competent authority each year, so keep them separate from the start.
Required documents
- Articles of association (current) and draft amendment
- Minutes of the board of directors and the general meeting
- Profit-making business plan and revenue and expenditure budget
- Application to the competent authority for a permit for amendment of the articles of association
- Unique identification number certificate of the corporation or documents related to business registration
Fees
In most cases there is no fee for the application for a permit for amendment of the articles of association itself. Agency fees in the industry are around several hundred thousand won and vary depending on whether an amendment of the articles of association is needed and whether the minutes and business plan are newly drafted. We will inform you after consultation, based on the situation of the corporation.
Legal basis and review date
- Civil Act, Article 38
- Civil Act, Article 42
- Civil Act, Article 45
- Civil Act, Article 52
- Corporate Tax Act, Article 110
- Corporate Tax Act, Article 113
Check these first
- An amendment that changes the purpose in the articles of association also carries a registration deadline, so plan the schedule after the permit in advance.
Frequently asked questions
Can a non-profit corporation run a profit-making business?
What is the deadline for a non-profit corporation's report of commencement of profit-making business?
What if the articles of association have no provision on profit-making business?
Can the establishment permit be revoked if a non-profit corporation runs a profit-making business?
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.
