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Interview with expert counselor of Business Counseling Office

On a day with clean clouds after rainy days, we went to see Jang Mi-jeong (Director of Suin Law Firm), who is in charge of legal affairs at the Business Counseling Office which provides various services necessary for management of the companies located in the cluster.

 

Q. Please explain about the specific areas of counseling of the Business Counseling Office provided for solution of difficulties in business management.

 

A. We provide counseling on legal affairs.

 

 

 

Q. What are the subjects of counseling requested by the companies in the cluster?

 

A. They are the documents and procedures required for preservation of ownership and transfer registration and matters related to BOD, general meeting of shareholders and the procedures for registration of corporation change in relation to the organization of the company. In addition, counseling is requested for the procedures necessary for addition or change of the purpose of the corporation in relation to business type or status and the claim for damages inflicted after the establishment of the factory.

 

 

 

Q. Tell us some of the remarkable performances you had after April.

 

A. There is a company which asked for continuous counseling on legal affairs and signed a contract for legal consultation, and another company settled labor disputes by legal counseling.

 

 

 

Q. Please explain about the plan of the business counseling office to implement for the solution of difficulties in construction of factory and business management.

 

A. I think what is needed above anything else is to establish a ‘One-stop system’ to be able to support every field related ti factory operation including factory construction and legal and tax affairs at once.

 

Q. Is there any specially memorable case among the ones that you have given advice so far?

 

A. A person who has done business as an individual business requested for counseling on the qualifications for new business establishment. If a person who has the experience of running an individual business establishes a corporation, the corporation is not recognized as a new business establishment. Therefore, it is worth thinking to establish the new corporation with another person who has no experience of running an individual business.

 

 

 

Q. What are the matters that the companies operating in the cluster must know in relation to the groundbreaking and completion of the factory?

A. I think what is the most important is to prepare various alternatives before construction of the factory building to be able to prevent problems in advance. If problems occur while running the business after completion and it becomes necessary to change the purpose, structure, etc. of the building, sometimes the change can be made by simple procedure and construction work but huge cost may occur, too.

 

 

 

Q. What are the frequent items of counseling which occur in the process of registration of corporation change and establishment of a new corporation?

 

A. It is possible to establish a corporation with one shareholder (staff) and one director if the capital of the corporation is less than 1 billion won. The minimum amount of the capital is 100 won. In order to establish a corporation, it is necessary to decide the company name. location of the head office, executives (representative director, auditor, director, etc.), the amoutn of capital and the purpose of the corporation. The purpose of the corporation must be specific in relation to business type and business status.

 

 

 

Q. Please tell us legal information that you thin can help the companies operating in the cluster.

 

A. Most of the companies in the cluster are corporations, and corporations have the potential risk of legal dispute over management rights in the future. Being registered as the representative director is one thing and holding the stocks is another. Therefore, it is necessary to know that future legal disputes can be prevented by owning more than 50% (for ordinary resolutions) or 75% of amicable stocks (for special resolutions).

 

 

 

Q. Please tell us other important matters.

 

A. It is necessary to make effort to prevent legal disputes that may occur in the future by asking legal consultation for even minor matters such as review of contracts or dispatch of official letters because the corporation may be in danger of collapse or has to pay much cost if a legal dispute occurs.

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