Practice

Cross-Border Investment and Fundraising Advisory

Prospera helps companies and investors prepare for, structure and run a strategic or financial investment across the Korean border. We build investment readiness — the equity story, financials, data room and cap table — set the investor strategy, frame the terms and structure questions for counsel, and manage the process from investor mapping to closing.

We work with three groups: Korean companies preparing to raise from domestic or foreign strategic or financial investors; foreign companies seeking a Korean strategic investor; and investors preparing a strategic investment into a Korean company. Engagements usually start with readiness and the choice of investor type, because together they decide which investors are worth approaching and which terms the company can afford to accept.

Our role is preparation, structuring, investor mapping and process management. Prospera does not sell, place, underwrite or broker securities, does not arrange loans and does not promise that capital will be raised. Prospera leads the overall business and transaction structure; legal, tax and accounting services are provided by affiliated professional firms that contract directly with clients.

01

Who this is for

  • Korean companies preparing a strategic or growth round

    Founders, CEOs and CFOs raising from domestic or foreign investors who want the company ready for scrutiny before the first meeting. Where the capital funds expansion abroad, see the guide to overseas expansion for Korean companies.

  • Foreign companies seeking a Korean strategic investor

    Companies for which a Korean group's customers, manufacturing or distribution would matter more than capital alone. Where the relationship is closer to a partnership, see joint ventures and strategic alliances in Korea.

  • Corporates and investors investing into a Korean company

    Strategic investors and corporate venture arms that need the investment thesis, rights and structure settled before committing, and a view of whether a minority stake is the right step before an acquisition of a Korean company.

  • Fund managers

    Preparing a fund manager to raise capital or operate across the Korean border is a different exercise with its own questions. See fund manager market entry.

02

When you need this

  • A strategic investor has offered capital together with a right of first refusal or exclusivity, and you need to know what those rights will cost later.
  • The board has approved a raise, but the equity story, financials and data room are not ready for investor scrutiny.
  • You are weighing a corporate investor's commercial support against a financial investor's independence.
  • A foreign investor is interested, and no one has mapped the foreign investment reporting, structure and governance questions.
  • Your cap table carries earlier commitments — option grants, convertible instruments, side letters — that a new investor will question.
  • You plan a minority strategic investment in a Korean company and need to set governance and exit rights before terms are agreed.
03

What needs to be decided first

  1. 01The purpose of the capital

    What the money must achieve, by when, and which milestones the next round or an exit will be judged on. Use of proceeds that cannot be tied to milestones is usually the first point investors test.

  2. 02The investor type

    Strategic, financial or a corporate venture arm. Each values the company differently, asks for different rights and changes which buyers, partners and later investors remain open to the company.

  3. 03What the company will not give

    The boundaries on board seats, reserved matters, rights of first refusal, exclusivity and information rights, agreed internally before any term sheet is discussed.

  4. 04The investment structure

    New shares, convertible or redeemable instruments, or investment through a holding entity each raise corporate, tax and reporting questions for counsel. Where a foreign investor takes equity in a Korean company, whether it counts as foreign investment depends on the amount and form of the investment [1].

04

How the process works

  1. Diagnose

    Readiness diagnosis

    We test the company as an investor would: the equity story, the reliability of the financials, the cap table and existing shareholder rights, and the legal or tax questions diligence is likely to surface.

  2. Structure

    Round and structure design

    We set the amount and use of proceeds against milestones, recommend the investor type and the terms the company can accept, and frame the structure questions for affiliated counsel and tax advisers.

  3. Connect

    Investor mapping and specialists

    We build and prioritise the investor map against agreed criteria, prepare the approach sequence with management, and bring in affiliated professional firms for the confirmed scope. How any investor introduction is made is agreed at the outset of the engagement.

  4. Execute

    Process management

    We run the timeline, the data room and diligence questions, compare term sheets against the agreed boundaries, and support negotiation through signing and closing alongside the company's counsel.

05

Typical transaction structures

StructureWhen it is usedWhat to consider
Primary equity from a financial investorGrowth capital where independence from any single commercial partner matters and the investor's return depends on a later exit.Expect preference, anti-dilution and information rights, and exit-related rights such as tag-along and drag-along. The investor's exit horizon becomes part of the company's own planning.
Strategic minority investmentWhen an industry partner's customers, technology, manufacturing or distribution are worth as much to the company as its capital.Commercial agreements often travel with the investment. Rights of first refusal, exclusivity and veto rights can restrict future buyers, partners and investors, so they should be negotiated as part of valuation rather than accepted as formalities.
Investment by a corporate venture armWhen a large group wants early access to a technology or market without a full commercial commitment.The venture arm's mandate, approval process and relationship with the parent's business units decide how much strategic value reaches the company. Confirm who inside the group owns the relationship after closing.
Convertible and redeemable instrumentsWhen investors want downside protection or the parties need to bridge a valuation gap, for example through convertible bonds or redeemable convertible preference shares.Conversion price adjustments, redemption rights and maturity affect later rounds and the balance sheet more than is often expected. Their corporate, accounting and tax treatment requires confirmation with advisers.
Strategic investment as a step towards a JV or acquisitionWhen the parties want to test the relationship before combining operations or transferring control.Options to increase the stake, call and put rights and the path to control need to be set at entry. A stake of 20% or more (15% in a listed company) is one of the transactions that can trigger a Korean merger filing where the parties meet the size thresholds [2]. See joint ventures in Korea and the guide to cross-border M&A in Korea.
06

Key risks and issues

  • Strategic rights accepted as formalities

    A right of first refusal or broad exclusivity granted to one strategic investor can deter every later buyer, partner or investor who finds it in diligence.

  • Approaching investors before the data room is ready

    Investors form their view in the first weeks. Gaps discovered in diligence tend to be priced into valuation or terms rather than forgiven.

  • A cap table with unresolved history

    Undocumented share promises, earlier investor rights and conversion terms surface in diligence and can delay closing or reopen negotiations with existing shareholders.

  • Use of proceeds that does not reach the next milestone

    If the capital runs out before the milestone the next investor will look for, the company raises again from a weaker position.

  • Obligations placed on founders personally

    Investment agreements sometimes make founders personally responsible for the company's representations or obligations. Their scope and enforceability require confirmation with counsel before signing.

  • Foreign investment steps discovered late

    Reporting and registration steps for a foreign investor that are not built into the timeline can delay the capital injection after signing.

07

How Prospera works

Prospera is led by its founder, with specialists on the work that needs them. The person who assesses investment readiness stays responsible for the structure and the process, so the equity story presented to the first investor is the one defended at signing.

We work in the order Diagnose, Structure, Connect, Execute. Our role is preparation, structuring, investor mapping and process management; we do not sell, place, underwrite or broker securities, and we do not arrange loans. Where a strategic investment may lead to control, the guide to cross-border M&A in Korea sets out what follows.

We lead the business and transaction structure. Legal, tax and accounting services are provided by affiliated professional firms that contract directly with you, and we coordinate their scope within one plan. Where the company or the investor works in digital assets, tokenised securities or custody infrastructure, our founder's background is directly relevant.

08

Questions clients ask

What does investment readiness mean for a Korean company?

Investment readiness means a Korean company can withstand an investor's scrutiny without changing its story. It typically requires an equity story tied to milestones, financial statements an investor can rely on, a documented cap table including earlier investor rights, an organised data room, and prepared answers to the legal, tax and regulatory questions diligence will raise. Readiness is judged against the type of investor being approached.

Why it matters · What to do next · Prospera's role

Why it matters

Investors tend to price uncertainty rather than wait for it to be resolved. A company that fixes gaps during diligence usually negotiates from a weaker position than one that fixed them before the first meeting.

What to do next

  1. Collect every shareholder agreement, option grant and convertible instrument in one place and reconcile it with the register of shareholders.
  2. Reconcile management accounts with the audited or reviewed financial statements.
  3. Write the equity story on one page and test it against the numbers.
  4. Take the quick diagnosis for fundraising to see which readiness gaps come first.

Prospera's role

Prospera runs the readiness diagnosis from the investor's side, prioritises what must be fixed before any approach, and coordinates affiliated accounting and legal firms where the gaps fall within their scope.

Should we raise from a strategic or a financial investor?

Raise from a strategic investor when its customers, technology, manufacturing or distribution would change the company's trajectory more than capital alone. Raise from a financial investor when independence matters and the company needs freedom over future partners and buyers. A corporate venture arm sits between the two. The choice depends on what the capital must achieve and which options the company needs to keep open.

Why it matters · What to do next · Prospera's role

Why it matters

A strategic investor can accelerate growth and also narrow it: the investor's competitors may hesitate to buy from, partner with or acquire the company. A financial investor rarely creates that problem but brings its own exit horizon and return expectations.

What to do next

  1. List the commercial contributions a strategic investor would have to make to justify the rights it asks for.
  2. Identify likely future buyers and partners, and check whether a given strategic investor would exclude them.
  3. Decide whether a round combining strategic and financial investors is realistic.

Prospera's role

Prospera compares the investor types against the company's objectives and future options, and recommends which investors to approach and in what order.

What should we prepare before approaching investors?

Before approaching investors, prepare a short teaser and a fuller information memorandum, a financial model that ties use of proceeds to milestones, a data room organised around the questions investors ask, and a documented cap table. Agree internally the valuation range and the terms the company will not accept, and decide who speaks to investors and who takes decisions.

Why it matters · What to do next · Prospera's role

Why it matters

The first materials an investor sees set the frame for valuation and diligence. Figures that differ between the teaser, the model and the data room are among the fastest ways to lose an investor's confidence.

What to do next

  1. Build the data room index before writing the teaser.
  2. Reconcile every figure across the teaser, information memorandum and model.
  3. Agree the negotiating boundaries with the board.
  4. Where investors on both sides of the border are in scope, prepare Korean and English materials to the same standard.

Prospera's role

Prospera prepares the equity story, the information memorandum structure and the data room plan with management, and checks consistency before any investor sees them.

How do you find a strategic investor in Korea?

Finding a strategic investor in Korea starts with criteria rather than introductions: which groups gain most from the company's technology, products or market position, which have invested in adjacent businesses, how their investment decisions are made, and which would conflict with the company's customers or future buyers. A prioritised investor map and a controlled approach order usually produce better terms than parallel informal conversations.

Why it matters · What to do next · Prospera's role

Why it matters

Korean groups often decide strategic investments across a business unit, a corporate venture arm and group-level approval at the same time. Knowing who will sponsor the investment internally matters as much as the first meeting.

Uncontrolled outreach also leaks. Once several groups in the same industry have seen the materials, the company's negotiating position narrows.

What to do next

  1. Define what a strategic investor must contribute beyond capital.
  2. Map candidate groups by strategic fit, conflicts and decision process.
  3. Agree the approach order and what each candidate sees at each stage.

Prospera's role

Prospera builds the strategic investor map, sets the approach sequence with management and prepares each conversation; the form of any introduction is agreed at the outset. For a relationship that goes beyond equity, see how to find a Korean JV partner.

Which strategic investor terms limit future options?

The strategic investor terms that most often limit future options are a right of first refusal over a sale of the company or its shares, exclusivity over products, territories or partnerships, veto rights over reserved matters such as new investment or a change of control, and broad information rights that give a potential competitor sensitive data. Each can deter later buyers, partners or investors, so each belongs in the valuation discussion.

Why it matters · What to do next · Prospera's role

Why it matters

A buyer who knows a strategic investor can match any offer may decline to bid at all. Exclusivity can push away the investor's competitors, who may be the company's largest customers or most natural acquirers.

These rights are often presented as standard. Their scope, duration and triggers are negotiable.

What to do next

  1. List every right that would survive the next round or a sale.
  2. Narrow scope, duration and triggers — for example, a right of first offer instead of a right of first refusal, or exclusivity tied to performance.
  3. Separate information needed for board oversight from access to commercial data.
  4. Ask counsel how each right interacts with existing shareholder agreements.

Prospera's role

Prospera analyses the proposed terms against the company's future options, prepares counter-positions and supports the negotiation alongside the company's counsel.

What changes when the investor is foreign?

When the investor is foreign, the investment may count as foreign investment in Korea. Under the Enforcement Decree of the Foreign Investment Promotion Act, an equity investment generally qualifies when it is KRW 100 million or more and the investor holds at least 10% of the voting shares, or holds shares and appoints or dispatches officers [1]. Reporting, governance and documentation questions then need confirmation with counsel.

Why it matters · What to do next · Prospera's role

Why it matters

Foreign investment status affects the reporting and registration steps around the investment, and treating them as an afterthought can delay the capital injection. A foreign investor also brings different expectations on governing law, dispute resolution, reporting language and exit routes, which change the shareholder agreement.

What to do next

  1. Confirm the intended amount, shareholding and any board appointment rights.
  2. Ask Korean counsel which reporting and registration steps apply and when.
  3. Agree governing law, dispute resolution and the language of shareholder reporting early.
  4. Confirm any approvals needed in the investor's home jurisdiction with local counsel.

Prospera's role

Prospera builds the foreign investment steps into the transaction timeline and coordinates affiliated counsel on the reporting, structure and governance questions.

How is a cross-border investment structured?

A cross-border investment is typically structured around four choices: the instrument, such as ordinary shares, preference shares or a convertible; the investing entity; whether the investor invests directly or through a holding company; and the shareholder agreement that sets governance and exit rights. Each choice raises corporate, tax, reporting and merger control questions that qualified counsel and tax advisers in both jurisdictions should confirm before terms are agreed.

Why it matters · What to do next · Prospera's role

Why it matters

Structures chosen to close quickly are hard to reverse. The investing entity can affect tax on exit, and the instrument affects dilution in later rounds. A larger strategic stake can also bring merger control into scope: acquiring 20% or more of another company's shares (15% for a listed company) is one of the transactions that can trigger a Korean merger filing where the parties meet the size thresholds [2].

Where the Korean company is listed, a person who comes to hold 5% or more of its shares, together with specially related persons, must report to the Financial Services Commission and the exchange within five days [3].

What to do next

  1. Decide the instrument and the target shareholding together, not separately.
  2. Ask tax advisers in both jurisdictions how the investing entity affects returns and exit.
  3. Ask counsel whether the stake brings merger control or disclosure obligations into scope.
  4. Draft the governance and exit terms of the shareholder agreement alongside the structure.

Prospera's role

Prospera frames the structure options and the questions for affiliated counsel and tax advisers, then brings their answers into one recommended structure.

How should we set use of proceeds and milestones?

Use of proceeds should show what the capital buys and which milestones it reaches before the company needs more. Investors typically expect a budget by category, the milestones the next round or an exit will be judged on, a runway with a margin for delay, and a view of what happens if a milestone slips. Proceeds not tied to milestones tend to invite a lower valuation or tighter investor controls.

Why it matters · What to do next · Prospera's role

Why it matters

Milestones in the investment plan often reappear in the investment documents as tranches, reporting covenants or conversion price adjustments. Setting them realistically protects the company later.

What to do next

  1. Link each budget line to a milestone.
  2. Model the runway with a delay scenario.
  3. Decide which milestones the company would accept as contractual conditions and which it would not.

Prospera's role

Prospera builds the use of proceeds and milestone plan with management and tests it against what the target investors are likely to require.

What should an investor check before a strategic investment in a Korean company?

Before a strategic investment in a Korean company, an investor should check the cap table and existing shareholder rights, the position of the founder or controlling shareholder, related-party dealings, the regulatory position of the business, and whether the commercial cooperation that justifies the investment is written into agreements. Board rights, reserved matters, exit routes and any path to a larger stake should be settled before terms are agreed.

Why it matters · What to do next · Prospera's role

Why it matters

A minority investor depends on contractual rights rather than control. Rights not negotiated at entry are rarely available later, and the strategic value of the investment depends on commitments made by the operating business, not only by the investment team.

What to do next

  1. Scope diligence around the risks a minority investor cannot manage from inside the company.
  2. Decide the board, information and reserved-matter rights the investment thesis requires.
  3. Set exit and step-up terms — call rights, tag-along, a path to control — at entry.
  4. Confirm foreign investment, merger control and disclosure questions with counsel.

Prospera's role

Prospera structures the investment thesis, terms and governance rights and runs the process with affiliated counsel. Where the investment may lead to control, the checks before acquiring a Korean company apply from the start.

What does Prospera do in a fundraising process — and what does it not do?

In a fundraising process, Prospera prepares the company or investor, structures the round, maps and prioritises investors, and manages the process from materials to closing, including term comparison and negotiation support. Prospera does not sell, place, underwrite or broker securities, does not arrange loans, and does not promise that capital will be raised or on what terms. Legal, tax and accounting work is provided by affiliated professional firms that contract directly with clients.

Why it matters · What to do next · Prospera's role

Why it matters

Raising capital sits close to regulated financial activity. Keeping advisory, structuring and process work clearly separate from any regulated role protects the company, the investors and the transaction.

What to do next

  1. Agree the scope of the engagement in writing at the outset, including how any contact with investors is made.
  2. Where the transaction requires a licensed financial institution, confirm its role with counsel.
  3. Keep decisions in investor negotiations with the company's own management and board.

Prospera's role

Prospera leads preparation, structuring, investor mapping and process management, and coordinates affiliated professional firms within one plan.

How does Prospera work with legal and accounting advisers?

Prospera leads the overall business and transaction structure. Legal, tax and accounting services are provided by affiliated professional firms that contract directly with the client. In a fundraising, Prospera scopes their work around what the round depends on — cap table clean-up, financial statement review, investment documents, foreign investment steps — and brings their advice back into one plan and one timeline.

Why it matters · What to do next · Prospera's role

Why it matters

Investment documents, diligence responses and the financial model must say the same thing. Specialists answering separate questions can each be right and still leave inconsistencies an investor will find.

What to do next

  1. Tell us which advisers you already use; they can remain in place.
  2. Agree which questions each specialist must answer before investor contact.
  3. Review specialist conclusions together against the equity story and the terms.

Prospera's role

Prospera coordinates the specialists and remains accountable for the overall structure and process.

Quick diagnosis

Not sure what investors will test first?

Answer five short questions. The quick diagnosis starts from investment and fundraising and returns an initial assessment of the readiness and structure issues to resolve first.

Starts from: Investment & Fundraising · fundraising