FDI includes loans with maturity of not less than five years, which is supplied to a foreign-invested company by (i) an overseas parent company of the foreign- invested company, (ii) a foreign investor, or an enterprise with capital investment relationship with the investor in an over- seas parent company of the foreign-in- vested company or (iii) a foreign investor (based on the period for loan specified in the loan contract that has been made for the first time). 3. contribution to a Non-Profit A contribution to a non-profit corpora- tion is recognized as a foreign investment when the non-profit corporation has in- dependent research facilities in the field of science and technology, and meets the conditions as provided in the Foreign Investment Promotion Act and the other relevant laws. foreign investment report, remittance of investment fund, registration of incorpo- ration and business, and registration of a foreign-invested company. 1. foreign Investment Report A foreign investor or an agent may report their investment at Invest KOREA (KO- TRA), Korea Business Centers (KBC) of KOTRA, headquarters and branches of domestic foreign exchange banks, or domestic branches of delegated foreign banks. The reporting person should be a foreign investor or its agent. The process- ing period for a foreign investment report is just one day. an investment by means of purchasing stocks newly issued by a Korean corpo- ration or a company run by a national of the Republic of Korea, the foreigner should report such fact in advance (pre- report). In such case, the following basic documents are necessary: foreign investment by acquisition of newly issued stocks; tor's nationality an investment in kind with the capital goods, a foreign investor is required to apply for the examination and confirma- tion of the specification of the imported capital goods prior to customs clearance, after reporting the foreign investment by acquisition of newly issued stocks, etc. Where a foreigner intends to make an investment by acquisition of stocks which have already been issued by a company run by a national of the Re- public of Korea or a Korean corporation, he/she should report the fact in advance (pre-report). Where an overseas parent company of a foreign-invested company, a foreign investor, or an enterprise with capital investment relationship with the overseas parent company or the investor intends to make a foreign investment in form of long-term loans with maturity of not less than five years supplied to the foreign- invested company, the foreign investment shall be reported in advance (pre-report). In such case, the following documents are required: eign investment in form of long-term included in case an agent reports the foreign investment.) vestment relationship, and documents certifying the lender's nationality In principle, investment funds should be remitted through a foreign currency bank under the name of the foreign inves- tor. Funds from domestic sources are not recognized as foreign investments. In the process of paying up for stocks, a bank issues a certificate of paid-up stocks (required in case of registration of incorporation) and a certificate of foreign currency purchase (required in case of registration of a foreign-invested company). 3. Registration of Incorporation and ments to register incorporation and business at a jurisdictional court and tax office. When registration of incorporation and business is completed, a new com- pany becomes a legally valid corporation. A bank requests required documents and transfers paid-in capital to the account of the newly established corporation. 4. Registration of a foreign-Invested foreign-invested company should register the foreign-invested company at delegat- ed authorities within 30 days after the occurrence of any of the following cases. Then all the necessary procedures for the FDI should be deemed completed. |