Preparation of establishment reports for fishery cooperative corporations and fisheries companies and fisheries business-entity registration documents

Procedure

Procedure

1. 01

   Choose the corporate form: If at least 5 fishers or fishery producer organizations will produce and market jointly, use a fishery association corporation (Act Art. 16(2)); if you need a company form (general partnership, limited partnership, limited liability company, stock company or limited company) or want investment from non-fishers, use a fishery company corporation (Act Art. 19). An association corporation is dissolved under Enforcement Decree Art. 13 if membership falls below 5 and is not restored within 1 year, so consider possible withdrawals in advance.

2. 02

   Confirm members and investment: Under Enforcement Decree Art. 14, associate members of an association corporation are those who supply production materials, technology or capital, or bulk end users, distributors and processors of its fishery products, and they have no voting right at the general meeting. For a company corporation, check with a table of each investor's amount that non-fisher investment is within the limit in Decree Art. 18; investment may be fishing grounds, cash or in-kind assets.

3. 03

   Draft the articles of incorporation: Under Decree Art. 12, include the name, purpose, business, office location, member qualifications and admission, withdrawal and expulsion, share calculation, payment method and the per-member investment ceiling, profit and loss treatment, reserves, fiscal year, general meeting and officers, and grounds for dissolution. Because the Commercial Act applies to matters the Act does not cover, a company corporation drafts them to fit the chosen company form.

4. 04

   Hold the inaugural meeting and organize investment documents: The inaugural meeting (a promoters' meeting for a company corporation) adopts the articles and elects officers, and minutes are prepared. Prepare at the same time the lists of members, partners or shareholders and officers, the document stating the amount per unit (share) and units held by each person, the statement of invested assets, and documents confirming fisher or fishery producer organization status.

5. 05

   Submit the establishment report: File it with the mayor, county governor or district head with jurisdiction over the main office, using Form No. 12 for an association corporation or Form No. 22-3 for a company corporation of the Enforcement Rule, with the attachments. Acceptance or not is notified within 20 days of receipt, a supplement request sets a period of up to 20 days, and the report may be returned if not supplemented in time. When accepted, a report confirmation certificate is issued.

6. 06

   Establishment registration and entity registration: The applicant must complete establishment registration at the registry office of the main office location, attaching it, for the corporation to come into being. Then file a fishery business entity registration application with the Regional Office of Oceans and Fisheries; a fishery corporation needs a record of fishery or aquaculture business activity, registration is valid for 3 years, and changes must be registered. Business registration is applied for directly with the tax office.

Filing route

Filing route

Deadlines & processing notes

Deadlines & processing notes

Fees & official charges

Fees & official charges

Included in the basic fee — Initial document review, required-document guidance, basic form preparation, one filing support and responses to up to two supplement requests.

Conditional success fee — For this service, any conditional success fee may be separately agreed within the lawful service scope and stated in a written engagement agreement. No outcome is guaranteed.

Displayed amounts are starting estimates, not statutory or standard rates. The final fee is confirmed after consultation and document review in the engagement agreement. Government fees and actual expenses may change.

Basic documents

Basic documents

Incorporation alone does not create an aquaculture license or permit, so if you collect investment on the assumption of a license and it is not granted, the money stays tied up; confirm the licensing outlook first.