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South Korea company formation guide

How to form a company in South Korea from India

By Dr. Anil Gupta, Global Expansion Advisor · Updated October 2026 · About 14 minutes to read

The direct answer

Most Indian investors form a jusik hoesa (stock company). If you invest ₩100 million or more for at least 10% of the voting shares, you first notify the investment to KOTRA or a foreign exchange bank, remit the capital, register the company at the court registry, take a business registration certificate from the tax office, then register as a foreign invested company. Below ₩100 million you can still incorporate, on the ordinary foreign exchange route. In India, file Form ODI with your bank before any money leaves.

India and South Korea desk flags in an office
Business partners signing a Korean company agreement

Which route are you on?

Pick where the founder or signing director will be based. The rest of the page highlights what changes for you.

Sign from IndiaUse notarised and apostilled powers of attorney and signature statements.
Plan the bank earlyA Korean based director or agent makes account opening much easier.
Two countries, one fileComplete Form ODI before remitting and match every name and amount.
Company types

Four ways to be present in Korea

Two options create a Korean company. Two extend an Indian company that already exists. Compare them on what you actually plan to do in Korea.

FeatureJusik hoesaStock companyYuhan hoesaLimited companyBranchOf the Indian parentLiaison officeNon trading
Legal statusSeparate Korean companySeparate Korean companyPart of the Indian companyPart of the Indian company
Can tradeYesYesYes, for the parentNo revenue activity
Owner liabilityLimited to sharesLimited to contributionParent fully liableParent fully liable
GovernanceBoard or a single director if capital is under ₩1 billion; shares can be issued to investorsMembers and directors; simpler, more privateRepresentative in Korea registered at courtHead of office only
FDI registrationPossible at ₩100 millionPossible at ₩100 millionForeign exchange report insteadNot applicable
SuitsMost subsidiaries, especially with future investorsWholly owned subsidiaries wanting simplicityIndian companies serving Korean contracts directlyResearch before a launch

Korean law also offers the yuhan chaegim hoesa (limited liability company) and partnership forms, which foreign investors rarely use. Individuals living in Korea can register a sole business, which carries personal liability.

Registration routes

Two investment routes, two paper trails

This is the route choice that matters in Korea. The company is incorporated the same way at court on both routes, but the investment filings, the certificates you end up with and what they unlock are different.

Route A · Foreign direct investment
₩100m+
and 10% or more of voting shares per foreign investor

What it involves

  • Investment notification to KOTRA (Invest Korea) or a foreign exchange bank before remitting
  • Capital remitted through the receiving bank with a certificate of payment
  • Registration as a foreign invested company, usually within 60 days of payment
  • Unlocks the D8 investor visa route and eligibility to apply for incentives
  • Gives a clear record for repatriating dividends and capital
Route B · Ordinary foreign exchange
Below ₩100m
or a branch of the Indian parent

What it involves

  • A report under the Foreign Exchange Transactions Act to a foreign exchange bank
  • The same court registration and tax office business registration
  • No foreign invested company certificate
  • No basis for a D8 investor visa
  • Suitable for small service companies with no plan to relocate staff

Decide before you remit. The notification has to precede the payment, so changing routes after the money has landed means extra filings and delay.

Required documents

The document pack, by who reads it

Three different offices check your papers. Group the pack by reader so nothing is collected twice or missed.

KOTRA or the bank

Investment notice

  • Investor passport or parent certificate of incorporation
  • Foreign investment notification form
  • Power of attorney if an agent files
  • Planned amount, shares and business activity
Court registry

Incorporation file

  • Articles of incorporation
  • Promoter and director appointment minutes
  • Directors' acceptance and identity papers
  • Bank certificate of capital payment
  • Seal registration or notarised signatures
Tax office and bank

Operating file

  • Office lease contract
  • Corporate registry certificate
  • Shareholder register
  • Foreign invested company certificate, on route A
  • Representative's identification
Financial analysis prepared for a Korean company registration

If an Indian company is the investor

  • Certificate of incorporation, memorandum and articles
  • Board resolution approving the investment and naming the signatory
  • Ownership chart down to the individuals who control it
  • Notarisation, apostille and Korean translation
  • Form ODI acknowledgement and unique identification number from your bank

Our legal document checklist helps you gather the Indian side.

Formation steps

From notice to business number in eight steps

Cards with a teal border apply only on the FDI route. Scroll sideways to follow the sequence.

1Plan

Choose the form and activity

Pick a jusik hoesa, yuhan hoesa or branch and check that the activity is open to foreign investment.

2Plan

Secure a Korean office

Sign a lease suitable for your activity. The tax office will ask for it at business registration.

3India

File Form ODI

Complete ODI with your authorised dealer bank and obtain the unique identification number before remitting.

4Notify

Notify the investment

File the foreign investment notification with KOTRA or a foreign exchange bank. On route B, file the foreign exchange report instead.

FDI route
5Fund

Remit the capital

Send funds to the receiving bank and obtain the certificate of capital payment for the registry.

6Register

Register at the court

File the incorporation with the court registry, pay the registration tax and register the corporate seal.

7Register

Get the business number

Apply to the tax office for a business registration certificate within 20 days of starting business.

8Finish

Register the foreign invested company

Register with the agency that took your notice, usually within 60 days of payment, then open the corporate account.

FDI route

Swipe or use the arrows to see all eight steps.

Business performance review during Korean investment planning

How long it really takes

Invest Korea illustrates about two weeks for the Korean steps once documents are ready. In practice, plan four to six weeks end to end: two to three weeks for Indian notarisation, apostilles and ODI, about two weeks in Korea, and extra time for bank onboarding.

A court certificate creates the company. It does not grant a visa, open a bank account or replace business registration.

Resident vs non resident

Founder in Korea or founder in India

Ownership rights are the same. The practical work is not. Your choice at the top of the page highlights your column.

QuestionFounder living in KoreaFounder living in India
Signing documentsRegisters a personal seal after alien registration and signs locallyNotarised and apostilled signatures or powers of attorney
Representative directorCan act directly, which banks preferAllowed by law; consider a Korea based co director for banking
Sending capitalInvestment still treated as foreign if funds come from abroadODI with an authorised dealer bank, then remittance to the receiving bank
Bank accountIn person interviews are straightforwardExpect a visit or a local representative
VisaExisting status must allow business activityD8 needs a foreign invested company on route A
Indian obligationsDepend on Indian tax residenceODI, APR and FLA apply in full
Practical problems

Snags Indian investors hit, and how to clear them

Problem

₩100 million read as a fee

Founders think they must pay it to the government or that it is a legal minimum.

Solution

Treat it as working capital that unlocks route A. If you do not need FDI status, route B lets you start smaller.

Problem

Names and amounts do not match

The notice, the Indian remittance and the registry show different investors or sums.

Solution

Fix one investor name, amount and purpose and use it on ODI, the notice and the remittance.

Problem

The office is rejected

A shared desk or virtual address may not satisfy the tax office for your activity.

Solution

Confirm the premises with your Korean adviser before signing the lease.

Problem

The 60 day window is missed

Founders stop at court registration and forget foreign invested company registration.

Solution

Diarise the deadline on the payment date and prepare the papers in parallel with registration.

Problem

The bank stalls

New companies with directors abroad face longer due diligence on owners and source of funds.

Solution

Prepare a business plan, contracts and source of funds evidence. Our cross border banking support can help.

Problem

The Indian side is skipped

Remitting before ODI or missing the APR creates FEMA issues in India.

Solution

Complete ODI first and calendar the APR by 31 December and FLA by 15 July.

Costs, timing and ongoing duties

Money, time and the duties that follow

Keep three numbers apart: the capital you invest, the taxes and fees you pay to set up, and the running costs of the first year.

₩100m
FDI threshold

Share capital for route A. It stays in the company and is not a fee.

0.4%
Registration tax

Of paid in capital, plus local education tax. Can be tripled in the Seoul metropolitan overcrowding area.

10% to 25%
Corporate tax 2026

Four national bands, plus local income tax of one tenth of the national tax.

10%
VAT

Standard rate on most supplies; exports generally zero rated.

The compliance calendar in Korea

Within 20 days of starting businessBusiness registration at the tax office
Usually within 60 days of paymentForeign invested company registration on route A
Every monthWithholding tax on salaries and fees, with social insurance contributions
Quarterly cycleVAT returns for corporations
Within three months of year endCorporate tax return, then local income tax
Whenever details changeRegistry updates and reports on changes to the foreign investment
Calculator and financial reports used for Korean company budgeting

Back in India

  • Form ODI before remitting, under the RBI overseas investment directions
  • Annual Performance Report by 31 December
  • FLA return to RBI by 15 July
  • Korean income reported in India, with treaty relief

Official sources checked October 2026: Invest Korea on business forms and FDI thresholds, incorporation procedure and company types. Confirm current tax and fee amounts before filing.

Where we fit

Support where the two countries meet

Route and structure

We help you choose route A or B and the right form, and compare Korea with other Asian hubs on cost and tax.

India side

We prepare the ODI file with your authorised dealer bank and keep APR and FLA dates on track.

Korean filings

We coordinate the notice, court, tax office and bank steps with licensed Korean professionals. Our entity solutions cover the full setup.

South Korea pricing depends on the route and structure, so Comply Globally gives a written quote after a free consultation rather than a fixed headline fee.

Book a free consultation
Frequently asked questions

36 questions, grouped by topic

Start with a topic tab, or choose All 36 FAQs at the end to see every question.

Basics

Can an Indian start a company in South Korea?

Yes. Korean law lets foreign individuals and foreign companies own 100% of a Korean company in most sectors. A small list of sectors is closed or capped under the Foreign Investment Promotion Act, so check your activity first.

Which company type do foreign investors use most?

The jusik hoesa, a stock company, is the standard choice and the form Korean banks and customers know best. The yuhan hoesa, a limited company, suits closely held subsidiaries that do not plan to issue shares widely.

Where is a Korean company registered?

Incorporation is registered at the commercial registry of the competent district court for the head office. After that the company applies to the local tax office for a business registration certificate.

How long does company formation in South Korea take?

Invest Korea illustrates about two weeks for the standard Korean steps once the documents are ready. Preparing apostilled papers in India and completing ODI usually adds two to three weeks before that.

Is there a minimum capital?

Korean company law sets no meaningful minimum for a stock company. The figure people quote, ₩100 million, is the threshold for foreign direct investment status, not a legal minimum to incorporate.

Can one person own and run the company?

Yes. A single shareholder can form a jusik hoesa. With capital below ₩1 billion, one director is enough, so a sole founder can be the only shareholder and the representative director.

Is there a federal or provincial choice of incorporation?

No. South Korea has one national Commercial Act and one registry system. The meaningful route choice is between the foreign direct investment route and the ordinary foreign exchange route, explained above.

Conclusion

Your Korea launch checklist

South Korea rewards investors who decide the route first. After that, the steps are predictable: one consistent file, notice before money, court before tax office, and the duties that start once you trade.

For every investor

  1. Check the activity is open to foreign investment
  2. Choose jusik hoesa, yuhan hoesa or branch
  3. Sign a suitable Korean office lease
  4. File Form ODI before remitting
  5. Register at court and take the business number

Route A: ₩100 million or more

  1. Notify KOTRA or a foreign exchange bank first
  2. Remit to the receiving bank and keep the certificate
  3. Register the foreign invested company within the deadline
  4. Plan the D8 visa if someone will relocate

Route B: below ₩100 million

  1. File the foreign exchange report with your bank
  2. Accept there is no investor visa basis
  3. Keep remittance records for later repatriation
  4. Review the route again if you raise capital

Whichever route you take, diarise the APR by 31 December and the FLA return by 15 July from the first year, and keep Korean VAT and corporate tax dates in the same calendar.

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