외국회사영업소설치등기 필요서류 영문자료

1. 시작하며 — 이 자료가 무엇인지

외국회사영업소(외국회사 지점)을 설치할 때 나라마다 구비 서류가 조금씩 다를 수 있습니다. 반드시 방문상담을 권해 드립니다.

아래 자료는 외국회사 영업소 설치 등기의 절차와 구비서류를 영문으로 정리한 안내문 전체입니다.

BRANCH ESTABLISHMENT PROCEDURES AND DOCUMENTS REQUIRED

2. A. 절차 — 은행·법원·세무 세 단계

A. Procedures A foreign company intending to establish a branch in Korea (hereinafter referred to as “the foreign company”) is required to perform the following procedures:

1. 1. File an application for the establishment of a branch with a bank operating in Korea. Upon obtaining the bank’s acceptance of the application, the foreign company shall have the branch registered with the bank. (Hereinafter referred to as “Bank Registration”).
2. 2. Once the branch is registered with a bank, the foreign company shall register the branch with a court. (Hereinafter referred to as “Court Registration”).
3. 3. Upon completion of the two steps above, the foreign company shall report establishment of a branch to a tax office and have the branch registered with the tax office for taxation purposes. (Hereinafter referred to as “Tax Registration”).

Each of the aforementioned three steps takes approximately 7 days to 10 days to perform after all of the required documents and information are received by our firm. In order to avoid any unintended delay, we also request the foreign company to email us the scanned copies for our review prior to notarization.

3. B. 구비서류 — 서류의 분류와 작성 주체

B. Documents required Each of the three steps summarized in the foregoing chapter requires various forms of documentation. Some of the documents are required to be submitted to several different authorities. These documents will be reproduced by us and submitted to the relevant authorities. Therefore, the foreign company is only required to provide us with one copy of each of the required documents.

All of the required documents and information should be prepared in English by the foreign company. We will be responsible for translating all required materials into Korean for submission to the concerned authorities in Korea. The required documents may be classified into two categories, i.e., documents that should be prepared by the foreign company and documents that should be prepared by our firm based on the information provided by the foreign company as listed below:

3.1 외국회사(본사)가 작성하는 서류

Documents to be prepared by the foreign company (i.e., head office of the proposed Korea Branch)

1. 1. Articles of Incorporation of the foreign company (for Bank, Court and Tax Registration) ;
2. 2. A certificate of corporate resolution regarding establishment of the Korea Branch and nomination of the Branch Representative by the foreign company (Exhibit 1, for Bank and Court Registration) ;
3. 3. A certificate of information on the foreign company (Exhibit 2, for Court Registration) ;
4. 4. An application for registration of the Korea Branch’s seal impression (Exhibit 4, for Court Registration) ;
5. 5. A certificate of acceptance of appointment (Exhibit 5, for Court Registration);
6. 6. Power of attorney (Exhibit 6 for Bank Registration) ;
7. 7. A certified copy of the resident registration of the Representative of the Korea Branch (Exhibit 7, for Court Registration, and Tax registration), or a copy of driver license in the event the representative is a foreign national, which shows the address ;
8. 8. A copy of passport of the Representative of the Korea Branch ;
9. 9. A certified copy of the foreign company’s registration (and a business license where applicable) with a court, a chamber of commerce or any other authorities of the foreign company’s resident country (for Bank Registration) ;
10. 10. A copy of the lease agreement of the Branch office (for Tax Registration) [1] ;
11. 11. The foreign company’s brochure, product catalogue or annual report (for Bank Registration) ;

Among the documents listed above, Items 1, 2, 3, 4, 5, 6, 7 and 8 should be duly notarized by a notary public. In addition, regarding Items 2, 5 and 6, “Apostille” should be affixed by the relevant governmental authorities in order to legalize these documents. In case your nation does not enter into the “Apostille Convention”, the notarized documents should be certified by Korean Consul in your nation.

All of the documents should be carefully prepared and mailed to our office. The attached exhibits (sample blank forms) demonstrate how to prepare the documents. The foreign company should either re-type the exhibits or use the enclosed disc containing electronic copies of the exhibits. Simply filling in the blanks of the sample exhibits will be unacceptable.

Exhibits should be free of edits and corrections.

3.2 법무사 사무소가 작성하는 서류

Documents to be prepared by our firm based on information to be provided by the foreign company

1. 1. An application for registration of a branch (for Bank Registration) ;
2. 2. Plan of business activities (for Bank Registration) ;
3. 3. A report on Branch establishment (for Court Registration) ;
4. 4. A copy of a bank’s acceptance of Branch establishment (for Court Registration) ;
5. 5. A certified copy of court registration of the Branch (for Tax Registration) ;
6. 6. A certificate of registered seal impression (for Tax Registration) ;

In addition to the above listed documents, various other kinds of documentation will be prepared by our firm based on the information to be provided by the foreign company as summarized in the following chapter. Therefore, the foreign company is required to provide our firm with the information in a timely and precise manner.

3.3 외국회사가 제공해야 할 정보

C. Information that should be provided by the foreign company to 00 Korea Information regarding the foreign company

1. 1. Corporate (or trade) name
2. 2. Date of incorporation
3. 3. Representative’s name
4. 4. Corporate address
5. 5. Major business
6. 6. Paid-in capital (number of shares, par value, etc.)
7. 7. Law under which the company was incorporated
8. 8. Sales volume for the most recent year
9. 9. Details of transactions made with Korea (e.g., export to or import from Korea, if any)

Information regarding the proposed Korea Branch

1. 1. Representative’s name, address, passport (or residence certificate) number and nationality
2. 2. Purpose of establishing the Korea Branch (A broad definition of the scope of business intended to be carried out in Korea) ;
3. 3. Description of assets
4. 4. Fiscal year
5. 5. Financial information as of incorporation

1. (Unit: thousand in KRW)
2. Total asset
3. (XXX)
4. Current asset
5. (XXX)
6. Non-current asset
7. (XXX)
8. Total liabilities
9. (XXX)
10. Current liabilities
11. (XXX)
12. Non-current liabilities
13. (XXX)
14. Number of employees
15. (XXX)

4. C. 견본서식 — Exhibit 1 (이사회 결의증명)

Exhibit 1 CERTIFICATE OF CORPORATE RESOLUTION [2]

I,______________________, as the Director of ________________________________________, a corporation duly organized and existing under the laws of ______________________, hereby certify that at a meeting of the Board of Directors (or Stockholders, if appropriate) held on ___________, 2011 the following resolutions duly motioned and seconded were unanimously adopted and are now in full force and effect.

"RESOLVED, that the Corporation shall establish and register a Branch Office in ________, Korea effective as of ___________, 2020. RESOLVED further that (personal name) is hereby nominated as the Representative of the Korea Branch of the Corporation and is directed to establish said Branch Office at (address) in or such other place in (Name of State), Korea and take all necessary actions to comply with the formalities required under the Laws of the Republic of Korea."

RESOLVED, that public announcement will be made through Asia Business Newspaper(공고방법 신문명) issued in Seoul Metropolitan. (주식회사의 경우에 한하여 공고방법 신문이 기재되어야 합니다) ____________________________ (Name) Director (Corporate Name)

4.1 Exhibit 2 (외국회사 정보증명)

Exhibit 2 CERTIFICATE OF INFORMATION ON FOREIGN CORPORATION [3] I, ___________________________________, Secretary of ____________________ ___________________________________, a corporation duly organized and existing under the laws of the State of ____________________________________________, do hereby certify as follows:

1. (a) Corporation name -
2. (b) Address of principal office -
3. (c) Date of incorporation -
4. (d) Corporate objective - (in summary form)
5. (f) Name, address and nationality,birthday of Representative Director -
6. (President or Chairman)
7. (l) Applicable law governing the corporation - e.g., Laws of State of "x"

IN WITNESS WHEREOF, I have set my hand under the corporate seal of the Corporation this ___ day of ____________, 2020. Corporate

____________________________ Secretary

4.2 Exhibit 4 (인감 신고 및 위임장)

Exhibit 4 Report of Seal (Seal of Company) (Particulars about Submitter)

Company name Registration Number Principal office

Qualifications/ Name / mitter Date of Birth Address

I, the the Representative of the Korea Branch (company name) hereby report the corporate seal of the company. Dated Reporter (Signature of the Representative of the Korea Branch)

Name Letter of Attorney Name : Chunphil Yum Address : #207 23, 84Gil Gangnamdaero Gangnamgu Seoul Korea I appoint the above person as my true and lawful attorney with full power and authority about reporting of seal. Dated Reporter : (Signature of the Representative of the Korea Branch)

4.3 Exhibit 5 (취임승낙서)

Exhibit 5 ACCEPTANCE OF APPOINTMENT [4] I, the undersigned, duly appointed as Representative of (Name of foreign company), at its board of directors do hereby accept appointment to the office of representative of in charge of Korea branch of (Name of foreign company).

Dated this ___day of _______, 2020. (Signature) (Name) Korea Branch Representative To : (Leave Blank)

4.4 Exhibit 6 (위임장)

Exhibit 6 POWER OF ATTORNEY [5] KNOWN ALL MEN BY THESE PRESENT: That, (Name of the foreign company), a corporation duly organized and existing under the laws of _____________________ _______________________________, having address at _______________ does hereby appoint Chunphil Yum who is a Solicitor of Hangil Hapdong Solicitor Office at Halla Classic Bldg.207 Yeoksam-dong

824-11, Gangnam-gu, Seoul, Korea, as its true and lawful attorney, with full power and authority to do the following;

1. 1. To prepare, execute and file applications and all other documents required for registration of a Branch Office in (Name of State), Korea of (Name of the foreign company) with the concerned Korean authorities.
2. 2. To take by action that may be necessary or appropriate to the registration of the said corporate branch with the competent Korean authorities;

The Company hereby ratifies and confirms as its own act and deed all that such proxy may do or cause to be done by virtue of this instrument. IN WITNESS WHEREOF, (Name of the foreign company) has caused this Power of Attorney to be executed in its corporate name under the corporate seal by (Name of President/Representative Director this day of, 20205. (Corporate Name) Corporate

By____________________________ (Name)

4.5 Exhibit 7 (국내 거주 증명)과 각주

Exhibit 7 Proof of Residency [6] Name Date of Birth Sex Current Address Passport Number Citizenship Number Usage of this document Dated this ___day of _______, 2020 (Signature) (Name) Korea Branch Representative

1. [1] Address of the branch should be presented in the various applications to be filed with the concerned authorities including a bank, a court, a tax office and Korea Foreign Trade Association. Therefore, you need any address of the branch office before the applications are filed. Also, the lease agreement should be affixed by the corporate seals of the contracting parties to be accepted as a valid document by the Korean authorities.
2. [2] This form should be notarized by a notary public and “Apostille” should be affixed by the relevant your governmental authorities in order to legalize this document.
3. [3] This form should be notarized by a notary public and “Apostille” should be affixed by the relevant your governmental authorities in order to legalize this document.
4. [4] This form should be notarized by a notary public and “Apostille” should be affixed by the relevant UK governmental authorities in order to legalize this document. Please note that the seal impression will be prepared by our firm.
5. [5] This form should be notarized by a notary public.
6. [6] This form should be notarized by a notary public and “Apostille” should be affixed by the relevant your governmental authorities in order to legalize this document.