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Topic

Doing Business Across Both Markets

Operating across both markets - finding and vetting a partner, agency and distribution arrangements, franchising, representation, and running a company in two places.

Guides
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Photograph: Vitaly Gariev

This page is about operating - finding a counterparty, structuring the relationship, and running something across two markets. Moving goods is at trade; bringing capital is at investment.

The honest starting point: the commercial relationship between these countries is thin compared with the labour relationship, which cuts both ways. There is genuine unexploited ground, and very little established infrastructure to help you work it. You will be doing things that nobody near you has done.

Which arrangement fits

Arrangement What it means Capital needed
Agency You represent another company's products for commission Low
Distribution You buy, hold stock and resell in your market Medium
Franchise or licence You operate a brand under agreement, to their standards Medium to high
Joint venture Shared ownership of a new entity High
Representative office A presence that cannot trade, only promote and liaise Low
Subsidiary A company you own in the other market High

For most people starting out, agency or distribution is the realistic entry, because it tests whether the product actually sells before anyone commits capital. A representative office is useful where the point is relationship-building rather than revenue, which is a common Korean approach to a new market.

Finding a counterparty

There is no single place to look, so use several:

  • Chambers of commerce and trade promotion bodies on both sides, which maintain member directories and run matchmaking.
  • Embassy commercial sections, which exist partly for this and are under-used.
  • Trade fairs, particularly the large Korean convention-centre events, where Korean suppliers actively seek overseas distributors.
  • The Nepali community in Korea, which contains business owners who already move goods and money between the two countries. The Nepali community in Korea covers it.
  • Returnees in Nepal, who have Korean language, Korean workplace experience and often contacts. Work routes covers why they are an asset.
  • Alumni networks of Korean universities, which are well connected on both sides. Nepal-Korea associations and networks covers them.

Vetting, which is the part people skip

The distance makes verification harder and therefore more necessary.

On a Korean counterparty: ask for the business registration document and verify it, check how long the company has traded, ask for other overseas partners and actually contact them, and be wary of anyone who will not provide basic corporate documents. Korean company information is reasonably accessible.

On a Nepali counterparty: company and industry registration, tax registration, and audited accounts if the deal warrants it. Ask around - the Nepali business community is small enough that reputation is discoverable.

On either: be suspicious of urgency, of a deal that requires payment before any documentation, and of a counterparty who resists putting the arrangement in writing because you "trust each other". Trust is the outcome of a documented relationship, not a substitute for one.

Writing it down

The clauses that matter most in a cross-border arrangement, and the ones omitted most often:

  • Exclusivity, and for what territory and how long. Vague exclusivity is the commonest source of later conflict.
  • Minimum volumes or targets, and what happens if they are missed.
  • Payment terms and currency, and who carries exchange risk.
  • Who holds and pays for stock, and what happens to unsold inventory.
  • Intellectual property and brand use, including what you may and may not do with the name.
  • Termination, with notice and a wind-down for stock in hand.
  • Governing law and dispute resolution. Arbitration in a neutral seat is usually more practical than litigation in either country.

Get it reviewed by a lawyer in both jurisdictions. A contract enforceable in Korea and meaningless in Nepal is a half-contract.

Working with Korean counterparties

Practical cultural observations, offered as what to expect rather than rules:

Relationship precedes transaction. Expect meetings that appear to achieve nothing, and meals that are part of the business rather than a break from it. Patience early is repaid.

Decisions travel upward, so the person across the table may not be the decision-maker, and a nod in the room is not an agreement. Ask who signs off and allow time for it.

Detail and reliability are valued highly. Deliver exactly what you said, when you said, including the small things. A missed small commitment damages a Korean commercial relationship more than it might elsewhere.

Hierarchy and seniority are visible, in seating, in who speaks, and in address. Bring the appropriately senior person to a first meeting.

Written follow-up after meetings is expected and is how understandings become commitments. Send it.

Culture covers the wider differences in both directions.

Running something in two places

The unglamorous parts that decide whether it works: a registered presence in each market where you actually trade, accounting that satisfies both tax authorities, someone on the ground in each country who is accountable rather than merely available, and a realistic view of the time difference and the travel - which, with no direct flights, means a trip is a three-day commitment minimum.

Language is the quiet constraint. A business running on English between two non-native sides accumulates misunderstanding. Someone in the arrangement needs working Korean, and a returnee or a Korean-speaking Nepali is the obvious answer. Language covers where to find both.

Where this goes wrong

  • Trust instead of documents. Especially with a counterparty you like.
  • Vague exclusivity, which surfaces as a dispute later.
  • A contract reviewed in one jurisdiction only.
  • Assuming the person in the meeting decides.
  • Missing a small commitment, which costs more here than it should.
  • No one in the arrangement with working Korean.

Where to go next

Trade covers moving the goods, and investment covers the rules if you are putting capital in rather than trading.