Page_UpPage_UpPage_UpPage_UpPage_Up  position: fixed;

PeoplePracticeInsightsNewsBlogContactENG

Foreign Investment & Overseas Investment

Atlas Legal is located in the Songdo International Business District (IFEZ), Incheon, and has provided legal support for foreign investors entering Korea and Korean companies investing abroad. From establishing Korean subsidiaries for foreign manufacturers and structuring a Korea-Singapore joint venture agreement, to legal due diligence on foreign M&A transactions and founder EXIT through foreign investor acquisition — we cover every stage of cross-border investment.

Our key strength in foreign-invested company advisory is bridging the legal gap between parent and subsidiary. We communicate directly in English with parent company legal teams, brief expatriate directors on their duties and liabilities under the Korean Commercial Act, and resolve decision-making friction caused by differences between the parent company’s home jurisdiction and Korean law. We also structure transfer pricing and royalty arrangements and issue legal opinion letters in English.

The Managing Partner holds an LL.M. from the University of California, Davis, School of Law and draws on the Foreign Investment Promotion Act (FIPA), the Foreign Exchange Transactions Act (FETA), and the Korean Commercial Act to support the full cycle of foreign investment — from FIPA filings and subsidiary establishment, to JV agreements, M&A transactions, and real estate acquisition.

Services

Foreign Investment — Subsidiary Establishment

FIPA filing (KOTRA or foreign exchange bank), corporate registration, business registration, foreign-invested company registration, sector-specific permits, application for tax incentives

Joint Venture (JV) Formation

JV agreement negotiation and drafting, equity ratio, board appointment rights and veto right design, deadlock resolution provisions, drag-along and tag-along rights, EXIT conditions

Foreign Investment M&A

Legal due diligence, share purchase agreement (SPA) drafting and negotiation, FIPA filing, Korea Fair Trade Commission (KFTC) business combination notification, closing procedures

Parent-Subsidiary Legal Coordination

Korean Commercial Act and labor law briefings for expatriate directors, direct English communication with parent company counsel, board and shareholder meeting advisory, English legal opinion letters

Foreign Real Estate Investment

Real estate acquisition report (within 60 days of contract), foreign exchange transaction report, restricted area verification, contract review, ownership transfer registration

Outbound Direct Investment (ODI)

Overseas subsidiary establishment by Korean companies, outbound direct investment filing under the Foreign Exchange Transactions Act (FETA), local counsel coordination, overseas investment structure design and tax issue review

When You Need Foreign Investment Legal Counsel

  • A foreign company is entering Korea for the first time: The FIPA filing procedure, optimal entity type, and sector-specific foreign ownership restrictions must all be reviewed in advance.
  • Setting up a joint venture with a Korean partner: Equity ratios, board appointment rights, deadlock resolution, and EXIT conditions must be clearly designed in the JV agreement — ambiguity here is a leading cause of disputes.
  • A foreign investor is acquiring a Korean company: FIPA filing, KFTC business combination notification, and sector-specific foreign ownership limits must all be addressed.
  • Assigning a director from the parent company to a Korean subsidiary: Directors’ duties and liabilities under the Korean Commercial Act may differ significantly from those in the parent company’s home jurisdiction. A Korean law briefing before assignment is essential.
  • Communication between the parent company legal team and the Korean subsidiary is strained: A local Korean attorney who can communicate directly in English is needed to resolve decision-making delays caused by differences in legal systems.
  • A Korean company is establishing an overseas subsidiary or making an outbound investment: An outbound direct investment filing under the Foreign Exchange Transactions Act (FETA) and local law review are required.

Representative Matters

Subsidiary Formation

Korean subsidiary establishment for a foreign manufacturer — FIPA filing, direct English coordination with parent company legal team, transfer pricing and royalty structure advisory, English legal opinion letters

Joint Venture

Korea-Singapore joint venture (JV) agreement — joint business operations, profit-sharing structure, board composition, deadlock resolution provisions, EXIT conditions

Foreign M&A

Foreign acquisition of a Korean company — legal due diligence, SPA drafting, FIPA filing, KFTC business combination notification

Director Advisory

Korean law advisory for an expatriate CEO — board resolution validity review, English legal opinion letter on directors’ duties under Korean labor and commercial law, direct coordination with parent company legal team

Outbound Investment

Founder EXIT through foreign investor acquisition — share exchange agreement structure, FIPA filing, governing law selection, comprehensive tax issue review