Guide to Company Registration in South Korea 

22 minutes
company registration south Korea
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Premia TNC Korea Team

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Table Of Contents

Introduction

Registering a company in South Korea offers numerous advantages, making it an attractive destination for entrepreneurs and businesses looking to expand in Asia. South Korea is renowned for its advanced infrastructure, technology-driven economy, and strong government support for businesses. These factors, combined with access to one of the world’s largest consumer markets and a thriving tech and innovation ecosystem, make South Korea a strategic choice for incorporation. Additionally, the country’s strategic location provides an excellent gateway for expansion into other Asian markets, further enhancing its appeal. 

When considering incorporation in South Korea, it is essential to understand the different types of business entities available. The options include Sole Proprietorship, Limited Liability Company (LLC), Corporation, Branch Office, and Liaison Office. Each entity type possesses its own distinct characteristics and advantages, addressing various business requirements and operational scales, thereby catering to diverse organizational needs. For instance, a Sole Proprietorship is ideal for small-scale operations owned by a single individual, while an LLC offers limited liability protection, making it popular among small and medium-sized businesses. Branch Offices and Liaison Offices serve specific purposes for foreign companies looking to manage operations or conduct market research in South Korea. 

Incorporating in South Korea comes with several key benefits that can significantly enhance business operations. The government offers various incentives, including tax reductions, grants, and subsidies for foreign investors. The country’s robust legal and financial systems ensure economic stability and business security, while access to a highly educated and skilled workforce supports business growth and innovation. South Korea’s leadership in technological advancements and research and development further strengthens its position as a prime location for business incorporation. 

The process of incorporating a company in South Korea involves several steps, starting with pre-incorporation requirements such as deciding on the business type and securing a local address. The incorporation process includes reserving a company name, preparing necessary documents, and registering with the relevant authorities. Post-incorporation compliance involves filing annual tax returns, adhering to employment laws, and renewing licenses and permits as needed. Understanding these steps and complying with legal and tax requirements is crucial for successful business operations in South Korea. 

Key Takeaways

Upsides of Incorporating in South Korea

Incorporating a business in South Korea offers numerous advantages, making it an attractive destination for foreign entrepreneurs. One of the primary benefits is access to one of the world’s largest consumer markets. With a population of over 51 million people and a high standard of living, South Korea provides a substantial customer base for various products and services. Additionally, the country’s advanced infrastructure, including world-class transportation and communication networks, facilitates efficient business operations and connectivity, ensuring smooth and effective business processes. 

South Korea’s thriving tech and innovation ecosystem is another significant advantage. The country is a global leader in technology and innovation, with a strong emphasis on research and development. This environment fosters collaboration and growth for tech-driven businesses, providing ample opportunities for startups and established companies alike. Moreover, South Korea’s strategic location in East Asia offers a gateway to other major markets in the region, such as China and Japan. This geographical advantage enables businesses to expand their reach and tap into the broader Asian market, enhancing their growth potential. 

The South Korean government also provides substantial incentives for foreign investors, further enhancing the appeal of incorporating in South Korea. These incentives include tax breaks, financial support, and simplified regulatory processes designed to attract and retain foreign businesses. The government actively supports foreign entrepreneurs through various programs and initiatives, ensuring a favorable investment climate and reducing potential barriers to entry. Overall, South Korea’s combination of a large consumer market, a robust tech ecosystem, a strategic location, and government incentives makes it an ideal destination for business incorporation. 

company registration south Korea

Overview of Business Entities in South Korea

Sole Proprietorship

A Sole Proprietorship in South Korea is the simplest form of business structure, ideal for small-scale operations owned and managed by a single individual. This type of business is not considered a separate legal entity, meaning the owner is personally liable for all business debts and obligations. The registration process is straightforward, requiring the submission of necessary documents such as the Alien Registration Card, Office Lease Agreement, and Passport to the local tax office. 

Key Highlights:

Limited Liability Company (LLC)

A Limited Liability Company (LLC) in South Korea is a popular choice for small to medium-sized enterprises due to its numerous advantages. This structure limits liability, protecting owners’ personal assets from the company’s financial obligations. As an independent legal entity, an LLC provides substantial flexibility in both management structure and profit distribution. With fewer formal requirements than a stock company, it stands out as a practical and efficient option for entrepreneurs looking to establish their business in South Korea. 

Key Highlights:

Branch Office

A Branch Office in South Korea is an extension of a foreign parent company, designed to manage operations within the country. Unlike a subsidiary, a Branch Office is not a separate legal entity and operates under the parent company’s name and regulations. This implies that the parent company assumes full responsibility for the branch’s activities and liabilities. The establishment process involves several steps: filing a notification with the Ministry of Finance and Strategy, registering with the Court Registry, and obtaining a business number and tax identification number. The Branch Office can engage in profit-generating activities and is subject to local taxation on income generated within South Korea. 

The Branch Office must comply with South Korean laws and regulations, including labor laws, tax laws, and commercial laws. It can conduct a wide range of business activities, such as sales, marketing, and customer support, but it must report its financial activities to the parent company. The Branch Office is also required to maintain proper accounting records and submit annual financial statements to the relevant authorities. Additionally, the Branch Office must appoint a representative who will be responsible for its operations in South Korea. 

Key Highlights:

Liaison Office

A Liaison Office in South Korea is intended for non-commercial activities such as market research, promotion, and business development. It is not allowed to engage in direct business transactions or profit-generating activities. The setup process involves reporting the establishment to a designated foreign exchange bank and notifying the tax office. Liaison Offices are not subject to corporate taxes but must comply with payroll and value-added tax reporting for their employees. 

The primary purpose of a Liaison Office is to support the parent company’s operations by gathering information, conducting market research, and promoting the company’s products or services. It can also serve as a communication channel between the parent company and local customers or partners. However, it cannot enter into contracts, issue invoices, or receive payments on behalf of the parent company. The Liaison Office must appoint a representative who will oversee its activities and ensure compliance with local regulations. 

Key Highlights:

Strategic Advantages of Incorporating in South Korea

Government Incentives: Tax Reductions, Grants, and Subsidies for Foreign Investors

South Korea offers a range of incentives to attract foreign investors, including significant tax reductions, grants, and subsidies. The Foreign Investment Promotion Act (FIPA) provides various tax benefits, such as exemptions from property acquisition and registration taxes for the first five years, followed by a 50% reduction for the next two years. Additionally, local governments may offer extended tax exemptions and discounts, sometimes up to 15 years, to encourage foreign direct investment. These incentives are designed to foster economic growth and make South Korea an attractive destination for foreign businesses. Furthermore, the government provides financial support for research and development projects, which can significantly reduce operational costs for foreign companies. 

Economic Stability: Robust Legal and Financial Systems Ensure Business Security

South Korea’s robust legal and financial systems provide a secure environment for businesses. The country has a well-established legal framework that supports foreign direct investment, ensuring transparency and protection for investors. The Foreign Investment Promotion Act (FIPA) and the Foreign Exchange Transactions Act (FETA) are key regulations that facilitate foreign investments by simplifying the approval process and providing legal safeguards. This stable economic environment, coupled with a strong financial system, enhances business security and fosters investor confidence. Additionally, South Korea’s commitment to maintaining low inflation rates and stable currency exchange rates further contributes to a predictable and reliable business climate. 

Skilled Workforce: Access to Growing Talent Pool

South Korea boasts a highly educated and skilled workforce, making it an ideal location for businesses seeking top talent. The country has an impressive literacy rate of 99%, and its education system emphasizes science, technology, engineering, and mathematics (STEM) fields. This focus ensures a steady supply of technically proficient graduates ready to meet the demands of various industries. The availability of a skilled workforce is a significant advantage for companies looking to innovate and maintain a competitive edge. Moreover, South Korea’s vocational training programs and partnerships between industry and academia help continuously upgrade the skills of the workforce, aligning them with the latest industry standards. 

Technological Advancements: A Leader in Innovation and R&D

South Korea is renowned for its technological advancements and leadership in innovation and research and development (R&D). The country is home to global tech giants like Samsung, LG, and Hyundai, which drive significant investments in R&D. South Korea consistently ranks among the top nations in terms of R&D expenditure, reflecting its commitment to technological innovation. This environment of continuous growth and adaptation provides businesses with unparalleled opportunities to stay at the forefront of their industries. Additionally, the government’s support for emerging technologies such as artificial intelligence, biotechnology, and renewable energy further enhances the country’s position as a global leader in innovation. 

Comprehensive Steps for Company Registration in South Korea

Pre-Incorporation Requirements ​
Incorporation
Process
Post-Incorporation Compliance

Pre-Incorporation Requirements

Before incorporating a business in South Korea, it is essential to decide on the business type and structure. The most common types are corporations and limited liability companies (LLCs). Corporations can issue shares, facilitating capital raising, while limited liability companies offer flexibility in management and operations. This decision impacts taxation, liability, and regulatory requirements. Conducting thorough market research and consulting with legal and financial advisors can help determine the most suitable structure for your business needs. 

Additionally, securing a local address for the registered office is mandatory, as it serves as the official location for legal and tax correspondence. The address must meet specific criteria outlined by local authorities to qualify as a registered office. Opening a bank account in South Korea is also crucial, as it facilitates financial transactions and is often required for various registration processes. The bank account must be opened in the company’s name and will be used for all business-related financial activities. It is advisable to compare different banks to find one that offers favorable terms and supports international transactions. 

Incorporation Process

The incorporation process begins with reserving a company name. It is important to ensure that the chosen name is unique and complies with South Korean regulations to avoid any legal issues. The name must be in Korean characters. Verification of name availability can be done online through official government portals, streamlining the reservation process. Once the name is reserved, the next step is to prepare the required documents, which typically include the articles of incorporation, shareholder agreements, and identification documents of the founders. These documents must outline the business’s purpose, capital structure, and operational procedures. Ensuring that these documents comply with South Korean commercial law can prevent delays or rejections during the submission process. 

After preparing the documents, they must be submitted to the Ministry of Justice for the official registration of the company. Following approval, the business must obtain a Business Registration Certificate by registering with the National Tax Service (NTS). This certificate is necessary for tax purposes and to legally operate the business. The registration process with the NTS can be expedited if all financial details are accurately recorded beforehand. Additionally, acquiring a corporate seal is required for signing contracts and legal documents. The corporate seal must also be registered with the relevant authorities for official recognition. 

Post-Incorporation Compliance

After incorporation, businesses must adhere to several ongoing compliance requirements. Filing annual tax returns and financial statements is mandatory to ensure transparency and accountability. Engaging a professional accounting service can help streamline this process and ensure accurate reporting. Compliance with employment laws and social insurance contributions is also essential to avoid legal penalties and to protect employees’ rights. This includes drafting comprehensive employment contracts and adhering to the Labor Standards Act. These contracts should clearly define terms such as working hours, compensation, and job responsibilities. 

Additionally, businesses must renew licenses and permits as needed to continue operating legally. Regularly updating corporate records and conducting annual shareholder meetings are also part of maintaining compliance. Failing to meet these obligations can result in fines or suspension of business activities. Staying up-to-date with these requirements helps maintain the business’s good standing and ensures smooth operations. Establishing a compliance checklist and monitoring system can further enhance operational efficiency and legal adherence. 

Navigating Legal and Tax Obligations for Businesses in South Korea

Progressive Corporate Tax Structure

South Korea employs a progressive corporate tax system, where the tax rate increases with the company’s income. The general corporate tax rates range from 9% to 24%, depending on the income levels. Specifically, a 9% tax rate applies to the first 200 million KRW of taxable income. For income exceeding 200 million KRW but less than 20 billion KRW, the tax rate is 19%. For income over 20 billion KRW less than 300 billion KRW, the tax rate is 21%, or income over 300 billion KRW, the tax rate is 24%. Additionally, there is a surtax on top of the base rate. This surtax is generally calculated as a percentage of corporate tax liability, and it plays a significant role in raising additional revenue for specific government projects, such as regional development and national welfare initiatives.  

This progressive structure ensures that higher-earning corporations contribute a larger share of their income to taxes, supporting the country’s fiscal policies and public services. By doing so, the system not only redistributes wealth but also encourages smaller businesses to grow by providing a more manageable tax burden during their initial phases. This approach fosters entrepreneurship while ensuring that large-scale enterprises support the nation’s broader economic goals. This system is designed to balance the tax burden across different income levels, promoting fairness and equity within the corporate sector. 

Comprehensive VAT and Additional Taxes

The standard Value Added Tax (VAT) rate in South Korea is set at 10% and is applied to the supply of most goods and services. This VAT system, implemented in 1977, replaced multiple indirect taxes, simplifying the taxation process. Certain goods and services, such as exports and specific essential items like unprocessed foodstuffs and medical services, may be zero-rated or exempt from VAT. For zero-rated items, businesses can reclaim VAT paid on inputs, ensuring they do not incur additional tax liabilities on exports, thereby enhancing competitiveness in international markets. Similarly, exemptions for essential goods help reduce the financial burden on households, particularly for lower-income families.  

Besides VAT, businesses in South Korea are also subject to other taxes, including customs duties on imported goods and various local taxes that may vary by region. For example, local governments may impose additional property or business operation taxes to fund regional infrastructure or community welfare projects. Businesses operating in multiple locations must stay compliant with varying local tax laws, adding a layer of complexity to tax planning. These additional taxes ensure a comprehensive tax system that supports both national and local government functions. The combination of VAT and other taxes helps maintain a steady revenue stream for public expenditures and infrastructure development. 

Mandatory Employment and Payroll Contributions

Employers in South Korea are required to make mandatory contributions to several social insurance programs. These include the National Pension, which requires a contribution of 4.5% of the employee’s monthly income from both the employer and the employee. The National Health Insurance also mandates a contribution of 3.545% from both parties. Employment Insurance contributions range from 1.15% to 1.75%, depending on the industry.  

Additionally, employers must contribute to the Industrial Accident Compensation Insurance, with rates varying based on the type of business. This insurance ensures that workers injured on the job receive medical care and income compensation during their recovery, minimizing financial hardship. Employers are incentivized to maintain workplace safety, as lower accident rates can reduce their premiums. These contributions are crucial for ensuring the welfare and security of employees, providing benefits such as retirement pensions, healthcare, unemployment benefits, and compensation for work-related injuries. Moreover, the social insurance system fosters a stable workforce by offering employees a sense of security and long-term support, which can enhance job satisfaction and productivity. It also aligns with South Korea’s commitment to universal welfare coverage, ensuring that all citizens benefit from the country’s economic growth. This system of mandatory contributions is essential for maintaining a robust social safety net, ensuring that employees are protected in various aspects of their professional lives. 

Key Paperwork Required for Company Registration in South Korea

Passport Copies of Shareholders and Directors

When registering a company in South Korea, it is essential to provide passport copies of all shareholders and directors. This requirement ensures that the identities of the individuals involved in the company are verified and documented. The passport copies must be clear and valid, showing all relevant details such as the full name, date of birth, nationality, and passport number. This step is crucial for compliance with South Korean regulations and helps in maintaining transparency and accountability within the company structure. Additionally, having these documents on file aids in the smooth processing of the registration and any future legal or administrative procedures that may arise. 

Articles of Incorporation

The Articles of Incorporation are a fundamental document required for company registration in South Korea. This document outlines the company’s purpose, structure, and operational guidelines. It includes details such as the company name, business objectives, the total amount of capital, and the distribution of shares among shareholders. The Articles of Incorporation must be drafted in accordance with South Korean corporate laws and submitted to the relevant authorities. This document serves as the legal foundation of the company and is essential for its formal recognition and operation. Furthermore, it provides a clear framework for governance and decision-making processes within the company, ensuring that all stakeholders are aligned with the company’s goals and regulations. 

Proof of Registered Office Address

Proof of a registered office address is another critical requirement for company registration in South Korea. This document verifies the physical location where the company will conduct its business operations. It can be a lease agreement, a utility bill, or any official document that confirms the address. Having a registered office address is necessary for official correspondence and legal purposes. It ensures that the company has a legitimate and traceable location within South Korea, which is important for regulatory compliance and business credibility. Additionally, a registered office address provides a point of contact for clients, partners, and government agencies, facilitating smoother business operations and communications. 

Bank Deposit Certificate for Paid-in Capital

A bank deposit certificate for paid-in capital is required to demonstrate that the initial capital investment has been deposited into a South Korean bank account. This certificate must show the amount of capital that has been paid in by the shareholders, which is necessary to meet the minimum capital requirements set by South Korean law. The bank deposit certificate serves as proof of the company’s financial stability and readiness to commence business operations. It is a vital document that supports the company’s financial credibility and ensures that it has the necessary funds to operate effectively. Moreover, this certificate reassures potential investors and partners of the company’s financial health and commitment to its business objectives. 

Enhancing Your Company Registration in South Korea with Premia TNC's Long-Standing Partners

Comprehensive Business Structure Consultation

At Premia TNC, we understand that choosing the right business structure is crucial for your company’s success in South Korea. Our expert legal and CPA partner consultants provide in-depth guidance on the various business forms available, such as branch offices, subsidiaries, and liaison offices. This assistance helps you evaluate the benefits and limitations of each structure, ensuring that you select the one that aligns best with your business goals and operational needs. In addition to structural guidance, our partners also provide you with insights into sector-specific regulations and industry requirements to ensure your business is well-positioned for success. Whether you are looking to establish a stock company, limited liability company, or a general partnership, our team is equipped to offer tailored advice that simplifies the decision-making process. 

Seamless Preparation and Submission of Incorporation Documents

Navigating the legal requirements for company incorporation in South Korea can be complex, but Premia TNC’s well-established partners are here to streamline the process for you. We handle the meticulous preparation and submission of all necessary incorporation documents, including the articles of association, shareholder agreements, and other statutory forms. We also assist with obtaining necessary certifications, coordinating with local authorities, and providing translations for foreign clients to ensure seamless compliance. Our services ensure that all paperwork complies with South Korean regulations, reducing the risk of delays or rejections. By entrusting us with these critical tasks, you can focus on your core business activities while we manage the administrative complexities. 

Post-Incorporation Legal and Tax Advisory

Once your company is established, maintaining compliance with South Korean laws and tax regulations is essential. Premia TNC’s trusted Korean partner networks offer comprehensive post-incorporation legal and tax advisory services to support your ongoing operations. Our partners provide expert guidance on corporate governance, annual compliance requirements, and tax planning strategies. Assist with the preparation and filing of tax returns, ensuring that your company benefits from available tax incentives and avoids potential penalties. Our goal is to help you navigate the regulatory landscape with confidence, allowing your business to thrive in South Korea. 

Tailored Support for Foreign Investors

Premia TNC’s Korean legal and accounting partners specialize in assisting foreign investors with the unique challenges of entering the South Korean market. We offer personalized support to ensure that your investment is structured efficiently and in compliance with local laws. This extends to cultural and operational insights to help foreign investors better understand the South Korean market and business environment. Services include obtaining necessary licenses and permits, setting up corporate bank accounts, and securing investment visas. By leveraging our extensive knowledge and experience, we help foreign businesses establish a strong foothold in South Korea, facilitating smooth and successful market entry. 

Commitment to Excellence and Client Satisfaction

Premia TNC and our legal and accounting partner firms pride ourselves on our commitment to excellence and client satisfaction. All teams of dedicated professionals are always ready to provide responsive and reliable support throughout the incorporation process and beyond. We continually enhance our services by leveraging client feedback and staying updated on global business trends to offer cutting-edge solutions. We strive to build long-term relationships with our clients, offering continuous assistance as your business grows and evolves. With Premia TNC’s support via our dedicated partners, you can be assured of a partner who is invested in your success and dedicated to helping you achieve your business objectives in South Korea. 

Expert Assistance at Your Fingertips with Premia TNC

Establishing a business in South Korea is a strategic move, given its vibrant economy and global connectivity. With Premia TNC and our well-established partners, your company registration process is in expert hands. As one of the industry’s most trusted providers, we combine in-depth knowledge of South Korea’s regulatory framework with a client-focused approach, ensuring your business starts on the right path. 

Our team simplifies the complexities of South Korea’s legal and administrative requirements, delivering tailored solutions to meet your business goals. From selecting the appropriate business structure to securing the necessary approvals, Premia TNC is your partner in unlocking opportunities in South Korea’s thriving market. Let us transform your entrepreneurial vision into reality with unparalleled expertise and commitment. 

*Please note that all legal and accounting services in Korea offered through Premia TNC are facilitated by our trusted partner. Premia TNC Korea does not directly provide these services. 

Frequently Asked Questions

1. What types of business entities can foreign investors establish in South Korea? 

Foreign investors have several options when it comes to establishing a business entity in South Korea. They can set up local corporations, which are classified as Foreign Direct Investment (FDI) companies, branch offices, or liaison offices. Local corporations can be further divided into various types, such as partnership companies, limited partnership companies, joint stock companies, limited companies, and limited liability companies. Each type possesses its own distinct legal and operational characteristics. For instance, joint stock companies are suitable for larger businesses due to their ability to raise capital through the issuance of shares, while limited liability companies are often preferred by smaller businesses for their simpler structure and limited liability protection. 

The minimum capital requirement for establishing a company in South Korea depends on the type of entity being formed. For a local corporation that qualifies as a Foreign Direct Investment (FDI) company, the minimum investment is KRW 100 million (approximately USD 85,000). This requirement ensures that the company has sufficient capital to operate effectively. However, for local investors setting up a limited liability company, there are no specific minimum capital requirements, allowing for greater flexibility in terms of initial investment. 

Incorporating a company in South Korea generally takes around four weeks. This process includes several steps: reserving the company’s trading name, drafting and filing the Articles of Association, setting up a company bank account, and applying for necessary licenses and tax identification numbers. The timeline can vary depending on the complexity of the business structure and the efficiency of document preparation and submission. It is advisable to work with local legal and business consultants to ensure a smooth and timely incorporation process. 

Foreign investors who wish to conduct business in South Korea may need to obtain a specific visa. The most common visa for foreign investors is the D-8 investment visa. This visa is available to individuals who invest a significant amount of capital in a local company. The D-8 visa allows investors to reside in South Korea and manage their business operations. The application process for the D-8 visa involves submitting various documents, including proof of investment, business plans, and personal identification. It is important to consult with immigration experts to ensure compliance with all visa requirements. 

Companies operating in South Korea are subject to corporate tax rates that range from 9% to 24%, depending on their annual profits no later than three months from the end of the financial year. Compliance with tax regulations is crucial, and companies often seek the assistance of tax professionals to navigate the complexities of the South Korean tax system. 

It is not mandatory to have a local manager to start a business in South Korea. Foreign investors can manage their companies without the need for a local manager, provided they comply with relevant legal and regulatory requirements. However, having a local manager or representative can be beneficial for navigating local business practices, language barriers, and regulatory compliance. Many foreign businesses choose to appoint local managers to leverage their knowledge and expertise in the South Korean market. 

Companies in South Korea must adhere to various regulatory compliance requirements. These include holding annual shareholders’ meetings, filing annual returns, and maintaining accurate financial records. Additionally, companies must comply with tax regulations, which involve filing interim and annual tax returns. Regular audits may be necessary depending on the size and nature of the business. Ensuring compliance with these requirements is essential for maintaining good standing with regulatory authorities and avoiding potential legal issues. 

Yes, South Korea allows full foreign ownership of companies. Foreign investors can establish and own 100% of a local corporation, branch office, or liaison office without any restrictions on foreign ownership. This policy is designed to attract foreign investment and promote economic growth. Full foreign ownership provides investors with complete control over their business operations and strategic decisions, making South Korea an attractive destination for international businesses. 

South Korea offers several incentives to attract foreign investors. These include tax exemptions for small and medium-sized enterprises (SMEs), foreign tax credits, and incentives for increasing employment and research and development activities. For example, certain regions in South Korea are designated as Free Economic Zones (FEZs), where businesses can benefit from reduced taxes, simplified administrative procedures, and improved infrastructure. These incentives are aimed at fostering a favorable business environment and encouraging foreign investment in key sectors. 

The process for registering a business in South Korea involves several key steps. First, the company’s trading name must be reserved. Next, the Articles of Association need to be drafted and filed with the Companies Register. After that, a company bank account must be set up, and a tax identification number must be obtained. Finally, any required licenses must be secured. The entire process typically takes about two weeks, although this can vary depending on the specific requirements of the business and the efficiency of document preparation and submission. Working with local legal and business consultants can help streamline the registration process and ensure compliance with all regulatory requirements. 

Picture of Premia TNC Korea Team
Premia TNC Korea Team

Author

Premia TNC Korea is a dynamic team of experts dedicated to supporting businesses and entrepreneurs as they establish, manage, and grow their presence in South Korea and across the region. Premia TNC Korea specializes in providing tailored corporate services, from company incorporation and compliance to tax planning and accounting. With our extensive experience and deep understanding of the local regulatory environment, we are here to make business operations smoother and more efficient.