Non-profit corporations
Application for Permission to Establish a Scholarship Foundation — 5 to 15 Directors, 2 Auditors and Documents for the Office of Education
A foundation whose purpose is to pay school expenses or scholarships is governed by the Public Interest Corporations Act and must obtain permission to establish from the competent authority, and for corporations under the Ministry of Education, the superintendent of education with jurisdiction over the principal office grants permission (Public Interest Corporations Act, Articles 2 and 4; Regulation on the Delegation and Entrustment of Administrative Authority, Article 22). Permission is granted only if the income from contributed property can smoothly fund the scholarship program, and the foundation must have 5 to 15 directors and 2 auditors (Articles 4(1) and 5(1)).
Procedure
- Permit Difficulty High
A procedure that allows a business, activity or stay that the law generally restricts, after review; licenses fall into this type. The authority reviews facility standards, location and consultation with other agencies, and a permit can be refused if the standards are not met.
1. Define the purpose and contributed property
Define the program concretely, such as paying scholarships or school expenses or providing money, goods or facilities for students' education (Enforcement Decree of the Public Interest Corporations Act, Article 2(1)1). Permission is granted only if the income from contributed property is recognized as sufficient to carry out the purpose smoothly (Act, Article 4(1)), so plan funding by dividing basic property and ordinary property.
2. Appoint directors and auditors
Appoint at least 5 and no more than 15 directors and 2 auditors, and a majority of the directors must be Korean nationals (Act, Article 5(1) and (4)). Related persons such as the contributor and relatives may not exceed one-fifth of the current directors (Article 5(5); Enforcement Decree, Article 12), and terms may not exceed 4 years for directors and 2 years for auditors (Article 5(3)).
3. Prepare the articles of association and application documents
Prepare 1 copy each of the founders' personal details, a statement of purpose, the articles of association, an inventory of property separating basic and ordinary property with a donation application, certificates from the registry office or financial institution for the main property, and a business plan with an income and expenditure budget for 2 business years after commencement (Enforcement Decree, Article 4(1)).
4. Apply to the competent authority
For corporations under the Ministry of Education, apply to the superintendent of education with jurisdiction over the principal office (Rule on the Establishment and Supervision of Non-Profit Corporations under the Ministry of Education, Article 3). The authority reviews whether the purpose is concrete and feasible and achievable with the funds, and attaches the condition that the scope of beneficiaries may not be restricted (Enforcement Decree, Articles 5(1) and 6(2)).
5. Transfer property and report registration after permission
After permission, transfer the contributed property to the corporation without delay and submit a property transfer report within 3 months (Enforcement Decree, Article 8), and submit a registration report within 7 days after completing the establishment registration (Article 9). Afterwards, permission from the competent authority is required to sell basic property or provide it as collateral (Act, Article 11(3)).
Required documents
- Application for permission to establish a corporation (Rule on the Establishment and Supervision of Non-Profit Corporations under the Ministry of Education, Form No. 1)
- Document stating the founders' names, addresses and career histories
- Statement of purpose of establishment
- Articles of association
- Inventory of property (separating basic and ordinary property) and donation application
- Certificates from the registry office or financial institution for the main property
- Business plan and income and expenditure budget for 2 business years after commencement
- List of officers and appointment documents (to confirm the composition of directors and auditors)
Fees
Actual costs for the establishment registration and property transfer are separate. Our office fee starts from the amount shown above and may vary depending on the type of contributed property, the composition of directors and the length of the business plan; we will give you an exact quote after reviewing your documents.
Legal basis and review date
- Act on the Establishment and Operation of Public Interest Corporations, Articles 2, 4, 5, 11, 12 and 18
- Enforcement Decree of the Act on the Establishment and Operation of Public Interest Corporations, Articles 2, 4, 5, 6, 8, 9, 12 and 19
- Regulation on the Delegation and Entrustment of Administrative Authority, Article 22
- Rule on the Establishment and Supervision of Non-Profit Corporations under the Ministry of Education, Article 3 and Form No. 1
Check these first
- If the contributed property is not transferred to the corporation within 3 months after permission, the reporting deadline is missed, so set the contributor's transfer schedule before applying.
- Selling basic property or providing it as collateral without permission from the competent authority violates the Public Interest Corporations Act, so obtain permission before any change in property.
Frequently asked questions
Where do I apply for permission to establish a scholarship foundation?
How much basic property does a scholarship foundation need?
Can the board consist only of family members?
What must be done after permission is granted?
Can scholarships be given only to students of a particular school?
Can an administrative agent apply for permission to establish a scholarship foundation for me?
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.
