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

Procedure type
  • 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. 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. 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. 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. 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. 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

Administrative service fee
  • from KRW 1,000,000
All administrative service fees exclude 10% VAT.

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

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

  • 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?
Apply to the competent authority for the purpose. For corporations under the Ministry of Education, the authority to grant permission is delegated to the superintendent of education, so apply to the superintendent (office of education) with jurisdiction over the principal office (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).
How much basic property does a scholarship foundation need?
There is no minimum amount set by law. Permission is granted only if the income from contributed property is recognized as sufficient to carry out the purpose smoothly (Public Interest Corporations Act, Article 4(1)), so the authority reviews whether the funds are adequate based on the scholarship size and operating costs. Some offices of education have internal standards, so check in advance.
Can the board consist only of family members?
No. Related persons such as the contributor and relatives may not exceed one-fifth of the current directors (Public Interest Corporations Act, Article 5(5); Enforcement Decree, Article 12). There must be 5 to 15 directors and 2 auditors.
What must be done after permission is granted?
Transfer the contributed property to the corporation and submit a property transfer report within 3 months, and submit a registration report to the competent authority within 7 days of completing the establishment registration (Enforcement Decree of the Public Interest Corporations Act, Articles 8 and 9). Each year, submit the business plan by 1 month before the fiscal year begins and the results and settlement of accounts within 3 months after the fiscal year ends (Article 19).
Can scholarships be given only to students of a particular school?
When granting permission, the competent authority attaches the condition that the scope of beneficiaries may not be restricted (Enforcement Decree of the Public Interest Corporations Act, Article 6(2)). Selection criteria must be set fairly in the articles of association and business plan, and the specific scope requires consultation with the competent authority.
Can an administrative agent apply for permission to establish a scholarship foundation for me?
Yes. Hwang Yunsang Administrative Office prepares the statement of purpose, articles of association, property inventory, business plan and income and expenditure budget, and handles submission of the permission application to the competent authority and of the property transfer and registration reports after permission.

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.