Associations & cooperatives

Procedure for Authorization to Establish a Social Cooperative — Confirming the Competent Ministry and the 40% Main Business Requirement

A general cooperative is a for-profit corporation established by reporting to the head of the metropolitan city or province (Mayor/Do Governor), while a social cooperative is a non-profit corporation that obtains authorization from the central administrative agency competent for its main business. The main business must match a social purpose set by law and account for at least 40% of the total volume of business. The competent ministry is required to give notice of whether authorization is granted within 60 days from the date it receives the application, but the process can take several months if supplementation is requested or the processing period is extended.

Procedure

  1. 1. Settle the main business and the competent ministry

    Decide the type of main business, such as the local community project type or the employment of vulnerable groups type, and find the central administrative agency in charge of that business. Choosing the wrong authorizing ministry delays even the filing, so settle this first.

  2. 2. Recruit promoters and draft the articles of association

    There must be at least 5 promoters. The articles of association must contain the mandatory items under Article 86 of the Framework Act on Cooperatives and reflect the prohibition on dividends to members and the rule that at least 30% of the surplus is set aside as a legal reserve.

  3. 3. Hold the inaugural general meeting

    Give public notice at least 7 days before the inaugural general meeting. The articles of association, the business plan and the election of officers are resolved with a majority of the persons who consented to the establishment present and at least 2/3 of those present voting in favor. The minutes are a key part of the authorization documents.

  4. 4. Apply for authorization for establishment

    Apply to the competent central administrative agency for authorization for establishment. Requests for supplementation are reduced when the business plan shows in figures that the main business accounts for at least 40%.

  5. 5. Capital contribution, registration and business registration after authorization

    Once authorization is granted, pay in the capital contributions, complete the registration of establishment within the time limit, and then complete business registration. Check the registration deadline again against the authorization certificate and the relevant statutes.

Required documents

  • Application for authorization for establishment
  • Articles of association
  • Public notice and minutes of the inaugural general meeting
  • Business plan and income and expenditure budget
  • List of officers and list of persons who consented to the establishment
  • Documents on capital contributions and materials calculating the share of the main business

Fees

There is no government fee for the application for authorization itself; the cost of the registration of establishment and the registration and license tax are separate. The office's fee for preparing cooperative establishment documents starts at 1,000,000 won and varies with the length of the business plan and the scope of responses to supplementation requests. We will review your business concept and advise you on the fee after a consultation.

Legal basis and review date

  • Framework Act on Cooperatives, Article 85
  • Framework Act on Cooperatives, Article 86
  • Framework Act on Cooperatives, Article 93
  • Framework Act on Cooperatives, Article 97
  • Enforcement Decree of the Framework Act on Cooperatives, Article 17
  • Enforcement Decree of the Framework Act on Cooperatives, Article 32
  • Enforcement Decree of the Corporate Tax Act, Article 39
  • Framework Act on Cooperatives, Article 116

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

  • Choosing the wrong authorizing ministry delays the filing. Settle the ministry competent for the main business first.
  • The inaugural general meeting is accepted for the authorization documents only if the public notice 7 days in advance and the quorum for resolutions are observed.

Frequently asked questions

What is the difference between a general cooperative and a social cooperative?
A general cooperative is a for-profit corporation established by reporting to the head of the metropolitan city or province (Mayor/Do Governor). A social cooperative is a non-profit corporation that obtains authorization from the competent central administrative agency, and dividends to members are prohibited.
What is the 40% main business requirement for a social cooperative based on?
The main business must fall under a statutory social purpose, such as local community projects or providing jobs or services to vulnerable groups, and its share must be at least 40% of the total volume of business. The share is calculated and shown in the business plan and the budget.
How long does authorization of a social cooperative take?
The competent ministry is required to give notice of whether authorization is granted within 60 days from the date it receives the application, but it can take longer if supplementation is requested or the processing period is extended. In practice there have been cases where the review took 4 to 5 months, so it is best to allow extra time in the schedule.
What benefits does a social cooperative receive?
It may become eligible for priority purchasing by public institutions, it may be designated as a public-interest corporation for donation purposes (formerly called a designated donation organization) so that donations to it are deductible, and it may obtain exemption from corporate tax on non-profit income. Whether each applies must be checked individually according to the content of the business.
How do I amend the articles of association after authorization?
A social cooperative must obtain authorization of change from the competent ministry when it amends its articles of association after authorization. After a resolution of the general meeting, it submits an application for authorization of change.

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.