외국인투자기업 설립 (FDI) 신고 절차

https://blog.naver.com/kimbh118/223246154123

▶ 기업설립 절차

외국인투자기업 설립은 「외국인투자 촉진법」 에 의한 외국인투자신고, 투자자금 송금, 법인설립 등기, 인허가, 법인설립 신고 및 사업자등록, 외국인투자기업 등록의 절차로 이루어져 있다. 외국인투자 신고, 외국인투자기업 등록을 제외하면 일반 국내법인과 설립절차가 동일하다. 설립 시 소요기간은 약 2주이며, 외국인투자기업 등록 후 체류비자 발급 신청이 가능하다.

법인설립 절차

※ 관련 규정: 「외국인투자 촉진법」 제5조, 제21조, 동법 시행령 제6조, 제27조, 동법 시행규칙 제2조, 제17조

외국투자가 준비서류 중 일부는 아포스티유 공증을 취득해야 하며, 아포스티유 협약 체결 국가는 다음과 같다. 아포스티유 협약 미체결국가의 경우 일반 공증 후 자국 내 한국 영사관의 공증을 거쳐야 한다.

• 투자자금송금법인설립 등기인허가 취득법인설립신고 및 사업자등록법인통장개설외국인투자 기업 등록

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▶ 외국인투자신고

외국인투자 신고는 KOTRA(본사 외국인투자종합행정지원센터 및 해외 투자거점 무역관 포함) 또는 외국환은행에 사전 신고 하여야 한다.

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▶ 필요서류

외국인투자 신고 시 신고서 2부 「외국인투자 촉진법 시행규칙」 별지제1호서식 : 주식 등의 취득 또는 출연방식에 의한 외국인투자 신고 및 허가신청서 외국투자가의 국적증명서 개인 : 여권, 법인 : 사업자등록증, 기업증명서 등 해당국가 실체증명서류 현금출자가 아닌 경우 출자목적물에 대한 증빙서류 예. 산업재산권 등의 가격평가증명서류 신고 대리 시 : 위임장 및 대리인 신분증

번역본) Foreign Direct Investment Flowchart

※ Related laws: Articles 5 and 21 of the Foreign Investment Promotion Act, Articles 6 and 27 of the Enforcement Decree of the Act, Articles 2 and 17 of the Enforcement Rules of the Act.

Foreign Direct Investment Notification

A foreign investor is required to pre-notify the FDI to KOTRA (Foreign Investor Support Center in KOTRA headquarters or at overseas investment hub offices) or a foreign exchange bank.

REQUIREMENTS

Foreign Direct Investment Notification 2 copies of the notification form Enforcement Rules of the Foreign Investment Promotion Act, Attached Form 1: notification of foreign investment by acquisition of stocks or contribution and application for its permission Foreign investor’s certificate of nationality Foreigners: passport; foreign corporation or organization: business license, certificate of incorporation, or proof that the said corporation or organization is based in the said country In case of non-cash investments Documents certifying object of investment e.g. documents certifying the monetary value of industrial property rights Where an agent files an application: Power of Attorney and the agent's identification (ID card) ※ Contact: KOTRA's Investment Consulting Center (1600-7119) Evaluation of Technology In order to invest with technology, the foreign investor should submit documents certifying the monetary value of industrial property rights, etc. Technology evaluation agencies are as follows: Korea Institute for Advancement of Technology, Korea Technology Finance Corporation, Korea Evaluation Institute of Industrial Technology, Korea Environment Corporation, Korean Agency for Technology and Standards, Korea Institute of Science and Technology, Korea Institute of Science and Technology Information, and National IT Industry Promotion Agency. ※ Article 30 (4) of the Foreign Investment Promotion Act, Article 39 (2) of the Enforcement Decree of the Act, and Article 4 of the Enforcement Decree of the Act on Special Measures for the Promotion of Venture Business

Remittance of Investment Funds

A foreign investor may remit investment funds by wire transfer to a temporary account at a domestic bank from overseas or hand-carry the foreign currency through customs directly. In the latter case, the investor should declare the funds at the customs office and receive a 'certificate of declaration of foreign currency'.

In principle, the remitted investment funds should undergo the procedure for deposit of funds for payment for shares and then a certificate of deposit of payment for shares is submitted to the court. However, in case of companies valued less than KRW 1 billion, it is possible to submit a certificate of balance after opening an account in the name of an investor. In this case, the funds can be freely withdrawn for business purposes from the following day.

Opening a Temporary Account

A foreign investor may open a temporary account after submitting documentary evidence of nationality (a certificate of existence of the foreign investor’s nation or a passport) to the bank. However, the required documents could differ depending on the financial institution. In addition, the remittance should be written in foreign currency and the purpose of the remittance should be stated ’investment.’

Registration of Incorporation

The registry division in the court accepts the application for the registration of incorporation and it takes two to three days for the registration. The required documents can be checked on the list of application forms and required documents from the Registry of Supreme Court Internet Register Office.

※ See Incorporation ▶ Incorporation procedure ▶ Registration of Incorporation

Authorization and Permission

Where deemed necessary for business, a foreign investor must acquire the authorization and permission from the competent authorities: District Office, Health Center, Ministry of Food and Drug Safety, etc. The processing period may vary depending on the sort of authorization and permission for the type of business.

※ See Incorporation ▶ Incorporation procedure ▶ Authorization and Permission

Notification of Incorporation and Business Registration

Every tax office accepts notification of incorporation and business registration regardless of the jurisdiction. It takes three days for the registration.

※ See Incorporation ▶ Incorporation procedure ▶ Notification of Incorporation and Business Registration

Opening a Corporate Bank Account

A foreign investor may open a corporate bank account at a foreign exchange bank immediately. However, the choice of bank requires careful consideration since opening additional accounts at another bank is restricted for twenty business days.

※ See Incorporation ▶ Incorporation procedure ▶ Opening a Corporate Bank Account

Registration of Foreign-invested Company

After the registration of incorporation, foreign-invested company registration shall be undertaken at KOTRA or at a foreign exchange bank where the notification was first made as the last step of FDI incorporation. The registration should be completed within sixty days following the payment of the object of investment.

REQUIREMENTS

Registration of Foreign-invested Company Application form Attached Form 17 of the Enforcement Rules of the Foreign Investment Promotion Act: Application form for foreign-invested company registration Incorporation registration certificate / Foreign currency purchase certificate / Shareholder’s list /Copy of business license Where an agent files an application: Power of attorney and the agent’s identification

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외국인투자기업 설립 절차