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Expertise

Business

해외직접 투자

Foreign Direct Investment (FDI)

We provide professional and efficient advice on foreign direct investment based on organic cooperation among experts in each country and various experiences. As many Korean companies grow into global companies, compete in the global market, and seek investment opportunities, the need for overseas investment is growing. The law firm Jasan has so far successfully carried out various transactions, including overseas M&A, real estate, and energy, on behalf of leading domestic companies and financial investors. With various experiences and expertise, we have successfully carried out overseas investment in various ways.

Establishment and liquidation of overseas corporations

We have strengths in the establishment of overseas corporations’ branches and liquidation. An overseas corporation is a corporation that is independent from the head office and is established under the local laws of the country in which it operates. The liquidation of an overseas corporation is safe when it is supervised by a lawyer familiar with local laws. The "Jasan-CBC" that operates a local office is specialized in these tasks. If the liquidation is not carried out in a timely manner, the rights & interests of shareholders, the company's external credit/debt relationship, and the rights & interests of company employees will be in an unstable state, causing many disadvantages to the company and shareholders.

Collection and import of overseas inherited property

In cases where inherited property is scattered overseas, various procedures are required, such as filing a claim for division of the inherited property in Korea, appointing a local lawyer overseas and conducting a valuation, as well as translating and submitting a written opinion by a Korean lawyer. Jasan-CBC has successfully carried out the business of recovering the ancestor's deposit assets in Hong Kong and Japan to domestic heirs and has also sold and divided the deceased's real estate in the United States to collect overseas inherited property. CBC are specialized for work.

International Litigation Arbitration

International litigation and international arbitration require a lot of experience, extensive knowledge, and manpower in resolving international disputes. International disputes are not easy to resolve because there are many issues such as the validity of applicable laws, difficulties in service, and impossibility of enforcement. However, if you use Jasan-CBC that is specialized in local laws, you can receive the service for that business with confidence.

International contract advisory

Jasan-CBC provides global contract advisory services as follows. English contract preparation/review/modification/opinion, etc.: Provide international contract total service (Severability & Non-Waiver)
  • Overseas M&A and Joint Venture Investment: Representing domestic investors such as companies in joint ventures in overseas regions (Joint Venture)
  • Foreign investment: Investment in domestic companies and real estate by foreign customers, tax and administrative advice related thereto
  • Overseas real estate investment: Analysis of whether foreign investment is allowed and restrictions under the law, and provision of the most suitable investment advice for foreign investors
  • International commercial transactions, product supply contracts, product sales contracts, technology, and license contracts: Transactions of various intellectual property based on deep understanding of technology and industry and rich experience in legal practice
  • Termination of the contract: Establish a comprehensive strategy for the necessary actions that the customer must take to legally terminate the contract and prepare for it.
  • Immigration to the United States

    We can help immigrates to the United States, the center of politics, economy, and education around the world. It deals with family invitation immigration, employment immigration, and investment immigration, including marriage permanent residency. We are particularly specialized in NIW and Nurse Immigration (RN).

    1. NIW

    National Interest Waver (NIW): Other employment immigrants must have employers, but in the case of NIW, you can proceed with permanent residency without an employer if you prove that you have sufficient abilities, including your own academic background and experience. You can get permanent residency quickly because you are exempt from the Ministry of Labor's work permit.

    NIW qualification requirements

    The holder of Exceptional Ability must meet at least three of the following criteria and prove that working permanently in the United States is in the national interest of the United States.

    1. 1 Diploma, degree, and equivalent qualification at a university or higher education institution where an official academic background is related to an exceptional ability field
    2. 2At least 10 years of full-time experience
    3. 3A professional license required for a professional field or occupation.
    4. 4Evidence of pay or compensation given for a particular ability.
    5. 5A member of a professional association
    6. 6Recognition of making significant contributions to the industry or field engaged by colleagues, government agencies, or specialized institutions.
    7. 7Other evidence comparable to the above

    2. Registered Nurse (RN)

    If you get a U.S. nurse license and pass Visa Screen, there is still a serious manpower shortage in the U.S., so you can obtain permanent residency relatively quickly compared to other employment immigrants.

    3. Employment permanent residency, etc.

    • Religious Immigration: In the case of mainly pastors immigrating to the United States, they must be of the same denomination as the host church in the United States. Also, if they prove that they have worked in the Korean church for more than 2 years (proving that they have been paid full-time), they can acquire permanent residency through religious immigration. If they cannot prove their salary for 2 years, they can enter the United States on a religious visa with proof of attendance at the same denomination (church) for more than 2 years.
    • Investor visa (E2): If you invest in a business in the United States with a small investment (about $250,000-300,000), you can stay in the United States legally and benefit from education for your children. If you want to proceed with permanent residency, we will specially consult with you.

    4. Family immigration procedures

    U.S. citizens or permanent residents can invite their parents, spouses, children, brothers, etc. to the U.S. for permanent residency.

    * If the citizen/permanent stays in the United States and the applicant is in Korea, proceed in Korea.

    • Document preparation: Various certificates, photos, etc. that can indicate family relationships
    • Procedure: Family Immigration Application Form I-130 to U.S. Immigration Department → National Visa Center (NVC) → Interview with the U.S. Embassy in Korea → [Waiver recommendation, application, and acceptance (if there is a criminal record or immigration law violation, additional amnesty process) → Immigration visa issuance → Entry to the U.S- receipt of permanent residence

    New analytical framework(새로운 심사기준)미이민국은 2016년 12월 27일에 있었던 Dhanasar 판례에 따라 새로운 적합성을 평가하는 기준을 만들었습니다. 이제 신청인이 아래와 같은 항목을 증명하면 NIW를 승인 받을 수 있습니다.

    1. 1 상당한 본질적인 가치(Substantial Merit)부분의 고용 분야이면서 국가적으로 중요하다는 점
    2. 2 신청분야를 발달 시킬 수 있는 입지가 된다는 점
    3. 3 Job offer 와 노동허가(L/C) 조건을 면제할 정도로 미국에 유익(국익에 도움)하다는 점
    NIW 절차

    보다 많은 증거를 제시해야 함으로써 NIW는 일반적인 2순위 보다 그 기준이 까다롭다고 할 수 있습니다. NIW로 영주권 신청하는 데는 2 단계가 있습니다.

    1. 1 I-140 이민비자 청원(신청인이 미국 국익에 도움에 된다는 증거와 함께)
    2. 2 영주권 신청단계(미국내에서 485 신분변경 과 해외에서 영사진행 단계)
    주의점
    1. 1 비자 청원(I-140)이 승인 후에 이민비자 번호가 가능하게 되면 (우선순위 날짜가 current), 영주권카드 신청을 이민국(미국내)이나 해외 영사관을 통해서 신청할 수 있다.
    2. 2 영주권 카드신청때 (I-485), 노동허가(work permit)와 해외여행허가(travel permit)을 동시에 신청할 수 있다.
    3. 3 이때(I-485), 배우자나 미성년자녀(21세 이하 미혼자녀)도 영주권을 신청할 수 있으며, 만약 미국에 있는 경우에는 노동허가(work permit)와 해외여행허가(travel permit)도 신청할 수 있다.
    4. 4 우선 순위 날짜(priority date)가 current 인 경우에Form I-140 and Form I-485 을 동시에 진행할 수 있다.

    Immigration to Australia

    Australia, a country which has many of the most livable cities in the world based on its blessed natural environment, stable social structure, and public order and welfare system, has no inheritance tax or gift tax on cash, and is based on the Family Trust system. It is a country that recognizes many tax reduction methods and a guaranteed inheritance system for businesses and properties achieved by the family community. In addition to these advantages, Australia is a country with a high-quality public education system, and despite a relatively short history of immigration, many Koreans have entered professional jobs such as doctors and lawyers. Australia, which has already emerged as Korea's major trading partner after the conclusion of the Korea-Australia FTA, has almost no time difference with Korea, enabling real-time business-related collaboration. It is a country that is expected to have more business opportunities due to its geographical advantage along with the development of the Asian region.

    The current Australian government has a plan to open to immigrants and investors with the end of the Covid-19 period. Accurate legal knowledge and related experience are important as there are visa and permanent residency application methods that are suitable for each situation, not only for those with skills and experience, but also for those with experience and capital in establishing a liaison office, dispatching expatriates, and operating a business. Jasan-CBC is a company that customers who want the most accurate Australian visa application in light of the latest legislation can trust. In addition, it does not end with visa and permanent residency applications but becomes the most reliable one-stop counselor and helper for all legal matters essential for overseas business and residence, such as business establishment, leasing, various permits and investment procedures, real estate purchase, and taxation.

    If you fall under any of the following conditions, we recommend you take a consult
    • Companies that want to establish branches, overseas subsidiaries, and liaison offices in Australia, an English-speaking country with little time difference from Korea, and make it a business hub in Asia and the Pacific region
    • Interested in the Australian government's R&D Tax Incentive and other benefits to attract venture companies
    • Anyone who wants to purchase a business or property in Australia safely through a trusted law firm
    • Physicians, lawyers, accountants, IT professionals, etc. who wish to obtain permanent residency in Australia
    • Anyone interested in obtaining a job opportunity and permanent residency in Australia as a technician, such as a chef, hairdresser, carpenter, mechanic, etc
    • Who wants to get permanent residency while doing business in Australia based on their own business experience
    • If you want to acquire permanent residency on condition that you invest a certain amount of capital
    • Those who wish to obtain employment opportunities and permanent residency after completing their studies in an area of interest at the University of Australia
    • A person who wishes to apply for permanent residence through marriage with a permanent resident or citizen of Australia

    Business in Hong Kong

    Business related to international transactions

    Jasan has a strategic alliance with Kim & Company, Solicitors, a law firm based in Hong Kong. In addition, Jasan’s representative lawyer has been officially licensed by the Hong Kong Bar Association and is registered as a foreign (Korean) attorney at the Hong Kong Law Firm.

    Kim & Company, Solicitors is a comprehensive law firm in Hong Kong officially accredited by the Hong Kong Judicial Organization and the Bar Association. Members include lawyers from Hong Kong, the UK and Korea. are active in the field. Members Jeongyong Kim and Yunyeong Jang are advisory lawyers for the Consulate General of the Republic of Korea in Hong Kong, providing necessary legal support abroad for the people.

    Reasons for Establishing a Corporation in Hong Kong

    1. Transparent legal system recognized by the globa
    Hong Kong still maintains the common law system, and Hong Kong law and Hong Kong courts are specified as the legal basis and designated courts in many international trade and financial transactions.
    2. Chinese and English are recognized as official languages at the same time
    Legally, Hong Kong's official languages are Chinese and English. As a result, along with a transparent legal system, it provides Western and Chinese companies with a foundation to operate their businesses with confidence and guarantees convenience in communication with government agencies and partner companies.
    3. Tax system
    The income tax applied to Hong Kong companies is 16.5% for corporations and 15% for non-corporations. This is not only a lower tax rate than other neighboring countries, but also uniform and simple as a uniform tax rate. It can be said that it is a more transparent system from the point of view of companies. In addition, Hong Kong does not incur tax obligations for capital gains, interest, dividends, gifts, inheritance, etc.
    4. A bridgehead for entering the Chinese market
    Hong Kong's traditional role in relation to the entry of foreign companies into the Chinese market has been to conduct market research and other preparations for doing business in China. Hong Kong's role still plays a large role, but today's role is expanding to a wider area.
    CEPA (Closer Economic Partnership Agreement). - In June 2003, Hong Kong and the central government of China signed an FTA-type agreement called CEPA, providing Hong Kong-based companies with convenience in exporting to China. As of the first half of 2013, 2 sides have signed a total of nine additional agreements, and as of that point, 0% tariffs (with exceptions) were applied to all products manufactured in Hong Kong. At the same time, we are applying relaxed policies to about 40 service industries such as accounting, law, medical care, advertising, and education. As such, the role that Hong Kong plays in the business of foreign companies with China under CEPA is continuously expanding, and this phenomenon is expected to continue. Therefore, not only Korean manufacturing companies but also Korean service companies should consider establishing a separate corporation in Hong Kong before entering China to receive various benefits in business.