Expertise

Foreign Investments (In-Bound/Out-Bound)

Introduction

Introduction

Outbound Foreign Investment
As Korean corporations have grown into global corporations that compete in global markets and continue to expand through new investment opportunities, overseas investment is becoming increasingly important. Through experts with diverse international investment experience, the Foreign Investments team of Shin & Kim has successfully completed outbound foreign investment transactions in diverse industries and jurisdictions on behalf of leading domestic corporations and financial investors. In order to successfully advise on cross border transactions, legal professionals must have extensive experience in various types of cross border transactions and maintain a high-level network capable of global collaboration with foreign law firms.
Shin & Kim maintains close bonds with reputable law firms on a global basis and is a member of the Best Friends Group, a prestigious network of leading global law firms. Armed with extensive experience and a solid global network, the Foreign Investments team of Shin & Kim is well placed to successfully advise domestic clients in the navigation of challenging overseas investment transactions.

Inbound Foreign Investment
Since its establishment in 1981, Shin & Kim has grown alongside the continuously expanding foreign investments into Korea, representing countless number of foreign clients in their investment activities in Korean companies and real estate. The Foreign Investments team of Shin & Kim provides comprehensive legal services for all stages of foreign investment-related activities, including but not limited to the establishment of joint ventures between domestic and foreign companies, foreign investment in domestic companies and real estate as well as tax and administrative matters that may arise in connection with such transactions. In particular, the Foreign Investment team’s strength lies in its deep understanding of and abundant experience with Korea's complex regulations on foreign investment and foreign exchange and its ability to solve problems quickly and efficiently through effective communication with regulators.

Key Services

Shin & Kim provides services with respect to the following areas related to foreign investments:

General

  • Transaction structuring and strategies for cross border transactions
  • Laws and investment culture and environment of target countries in cross border transactions
  • Foreign exchange and foreign investment regulations in relation to cross border transactions
  • Tax analysis and issues in relation to cross border transactions
  • Coordination and management of the scope of work of overseas local law firms in connection with cross border transactions
  • Due diligence review of target overseas businesses or companies
  • Definitive agreements in cross border transactions (drafting and preparation, review and comment, negotiation and execution)
  • Government licenses, approvals, permits, filings and reports in connection with cross border transactions and correspondence with relevant government ministries

Establishment of Subsidiaries, Joint Ventures, Branches and Liaison Offices and Implementation of Other Business Activities in Korea by Foreign Companies

  • Investment structures for foreign investors based on relevant laws, including the Korean Commercial Code, the Financial Investment Services and Capital Markets Act, the Tax Act, the Foreign Investment Promotion Act and the Foreign Exchange Transactions Act 
  • Establishment and registration of subsidiaries, joint ventures, branches and liaison offices
  • Joint venture agreements and related documents
  • Requirements of government agencies, including business combination reports and foreign investment reports
  • Taxation and administrative procedures for foreign investment
  • Acquisition and lease of real estate by foreign investors
  • Governance structure of joint ventures and disputes between parties to a joint ventures
  • Management, operation and agreement of foreign-invested companies
Experiences
Outbound Foreign Investment
  • Apro Financial Group, on its acquisition of Bank Dinar Indonesia
  • National Pension Service Consortium (Australian Government Future Fund, Queensland Investment Corporation, China Investment Corporation), on its 50 year lease acquisition of Port of Melbourne in Australia
  • Fila Korea, in its acquisition of Acushnet Holdings Corp.
  • Hi Air Korea, in its acquisition of additional shares of Novenco A/S, a Danish company specializing in HVAC (Heating, Ventilation and Air Conditioning)
  • CJ CGV and IMM PE, in their acquisition of MARS Entertainment Group, the largest movie chain in Turkey
  • Netmarble Games, in its acquisition of SGN Games, a US mobile game company
  • Hana Asset Management, in its purchase of NASA headquarters building
  • Millinium Inmark Asset Management, in its purchase of the Novartis building in Paris, France
  • Millinium Inmark Asset Management, in its purchase of the Novartis building in Paris, France IGIS Asset Management, in its purchase of buildings in Brussels, Belgium, Barcelona, Spain and Hamburg, Germany
  • Simone Investment Managers Co., Ltd., in its acquisition of shares in eight commercial buildings located in six major cities, including Berlin, Munich and Frankfurt, Germany
Inbound Foreign Investment
  • AIG, in its acquisition and sale of IFC Seoul in Yeouido, Seoul (the largest real estate transaction in Korea at the time)
  • Orix Corpoation, in its acquisition and sale of STX Energy
  • GE Capital, in its acquisition and sale of shares in each of Hyundai Card and Hyundai Capital
  • Ontario Teachers' Pension Plan of Canada, in its acquisition of shares of Kyobo Life Insurance owned by Korea Asset Management Corporation
  • Valeo and Korea Powertrain (KAPEC), in their establishment of Valeo-Kapec joint venture for the manufacturing and production of torque converters and key components for vehicle automatic transmission systems
  • Joint venture among foreign pension funds, a Chinese logistics developer and a Korean logistics company to invest in Korean logistics facilities
  • Joint venture between Hong Kong’s Landing International Development and Genting Singapore for an integrated resort development project on Jeju Island
  • The Abu Dhabi Investment Authority of the United Arab Emirates, in its purchase of State Tower Namsan
Awards and Rankings
  • Ranked Tier 1 Law Firm for M&A
    Asia Pacific Legal500 2013-2018
  • Ranked Tier 1 Law Firm for M&A
    IFLR 1000, 2006-2018
  • Ranked Tier 1 Law Firm for M&A
    Asia Legal Business(ALB) 2013-2018
  • Corporate/M&A Firm of the Year
    Asialaw Asia-Pacific Legal Practice Awards 2017
  • Ranked Band 1 Law Firm for M&A
    Chambers Global / Chambers Asia 2013-2016
  • M&A Legal Advisor
    Yeonhap Infomax IB Awards 2015
  • Equity Market Deal of the Year 2013 : Acquisition of Equity Shares of ArcelorMittal Mining, Canada
    ALB Korea Law Awards 2013
  • Deals of the Year 2011 : Fila Korea’s acquisition of Acushnet Company, Samsung - Sale of HDD operation to Seagate
    Asian-Counsel 2012
  • Deal of the Year 2010_Honorable Mention : Hanwha Chemical’s strategic Equity Investment in Solarfun
    Asian-Counsel 2011
  • China Deal of the Year 2010 : Lotte Shopping Co. acquisition of Times chain
    China Business Law Journal 2011
Award's signature