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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →1. General Definition All investment activities vested in Korea by individuals of foreign nationality, corporations established under foreign laws, or International Economic Cooperative Groups, such as purchasing of stocks or bonds from Korean securities market, acquiring real estate, or establishing a corporation in Korea. 2. Direct Foreign Investment Foreign direct investment under the Foreign Investment Promotion Act should be interpreted much more restrictively than a general definition and it should satisfy the following conditions: Investment Types Requirements Other Considerations Share acquisition - 100 million won or more per one foreign investor - Ownership ratio by foreigner is more than 10% - Even in the event of disposal of shares in part or reduction of capital without refund once registered as a foreign invested company under Foreign Investment Promotion Act, it is still considered as the foreign direct investment. - It is recognized as foreign direct investment if it may send executive officer to the company in Korea, even if the ownership ratio is less than 10%. Long term loans The terms of the loan agreed at the time of the initial loan agreement must be longer than 5 years. Recognized as foreign investment amount [Example] If a foreigner acquires 10% of the domestic companys stocks for 50 million won and further provides a long-term loan in the amount of 50 million won, the said domestic company becomes a foreign invested company under the Foreign Investment Promotion Act. ← End |
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