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Foreign Direct Investment

“It is standing high over other Korean law firms. No other firms now are comparable with the firm.”
– Asialaw Profiles 2017

Overview

For over four decades, the Foreign Direct Investment (“FDI”) Practice of Kim & Chang has represented numerous overseas and multinational companies that have established business operations in Korea. 

This area of our practice covers an entire range of services from strategic planning, investment structuring and establishing a business presence in Korea, as well as to providing advice on day-to-day operations.

The FDI Practice consists of Korean attorneys, foreign attorneys and experts from government and regulatory agencies and foreign exchange banks with established careers and extensive expertise in FDI.  Such unique combination of experienced attorneys and experts distinguishes our firm’s FDI practice from other firms in Korea and enables us to provide comprehensive services for the efficient management of complicated administrative process for the FDI client’s investment in Korea and innovative solutions to various regulatory issues.

Key Servicesshow

Foreign Direct Investment

Our Practice delivers reliable and up-to-date advices on the relevant Korean laws and regulations, including the Foreign Exchange Transaction Law, the Foreign Investment Promotion Law, the Financial Investment Services and Capital Markets Act, the Fair Trade Law, the Korean Commercial Code and the relevant tax laws, and offers creative and efficient solutions tailored to the investment structure for the FDI clients. 

 

Establishment of Wholly-Owned Subsidiary, Joint Venture and Branch/Liaison Office

Our Practice provides one-stop service from the initial stage of advising on the selection of the most appropriate form of business, such as a wholly-owned subsidiary, joint venture and branch/liaison office, through the final stage of back office functions for the newly established local entity to settle down in the Korean market, including tax compliance, accounting, human resources, payroll and social insurances. 

 

Government Approvals

On behalf of the FDI clients, our Practice prepares all necessary documentation for any government approvals required for their investment and business operations in Korea, including business combination report, the Foreign Investment Promotion Law report and F/X report filed with governmental authorities such as the Korea Fair Trade Commission, the Bank of Korea and foreign exchange banks to ensure that such approvals are obtained in a most appropriate and timely manner.

 

Tax Incentives and Administrative Procedures 

Our Practice provides consultancy services for administrative procedures including tax incentive programs in Korea.

 

Acquisition and Lease of Assets

Our Practice advises clients on acquisition of real estates and other assets in Korea and offers solutions to procedural and regulatory issues relating to office lease and/or factory site location (greenfield).

 

Joint Venture and Strategic Alliance with Domestic Companies

Our Practice has extensive experience in advising on formation and management of joint ventures and strategic alliances, and provides advisory services and negotiation support for the strategic alliance with domestic companies including the increasingly frequent acquisition of, or investment in, Korean start-ups.

 

Special Issues for Joint Venture

We provide comprehensive and superior solutions to issues arising in the context of joint venture based on our extensive experience and expertise in advising on such issues, including those relating to corporate governance, minority shareholder rights and dispute resolution. 

 

Post-establishment Services

We provide a full range of services on the legal issues arising in the post-establishment operation of business, including additional capitalization, debenture issuances and commercial agreements relating to outsourcing, licensing, manufacturing, distribution and franchising.

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