Registration and legal support of foreign companies and foreign representative offices
Ukraine has long been an attractive country for foreign companies wishing to work and invest capital in the national economy.
As a result of this, foreign investors are increasingly opening representative offices of foreign companies in Ukraine.
Accordingly, investors in practice very often face many questions and problems in the process of registration, as well as the business activity itself, and spend a lot of time and effort due to insufficient knowledge of Ukrainian legislation.
Lawyers of the law firm “Naumenko and Partners” with many years of practical experience will advise and help you promptly and professionally resolve all issues related to the registration of foreign representative offices, as well as the activities of foreign companies within the framework of the current legislation of Ukraine.
Foreign companies that carry out foreign economic activities in Ukraine have the right to establish representative offices on the territory of Ukraine.
As a rule, a representative office is a legal entity that is officially authorized to represent a foreign company, that is, the parent company and its interests on legal grounds, but is not independent and does not have authorized capital.
The representative office acts on behalf of the founder and only on behalf of the founder, as stated in the registration document.
Such a legal entity can carry out both commercial and non-commercial activities.
In such cases, conducting commercial activities is subject to registration with the tax authorities, but not by the representative office itself, but by the parent company.
Registration of a foreign company in Ukraine and its entire process are clearly defined in the legislation and consist of certain stages, as well as a list of all the necessary documents that must be submitted to the state bodies responsible for the development of the economy - the central bodies of executive power.
It is important to note that only notarized documents with legalization in consular institutions are submitted, unless this is stipulated by international treaties.
The registration process usually takes up to 60 working days from the moment of submission of a complete package of documents to the relevant authority.
According to Ukrainian legislation, there are two types of foreign representative offices:
- Permanent representative office, which has the right to commercial activity and profit, which is subject to taxation in accordance with the legislation of Ukraine.
- A non-permanent representative office, which performs only a representative function, and the financing of its activities is provided by the parent company. Such organizations are exempt from income tax and are registered as non-profit organizations.
When registering, it is important to clarify the intended activities of the representative office in order to avoid future problems with the relevant legislation.
A power of attorney from a foreign organization to conduct a representative office is required for legal activity.
- Application for the registration of a representative office in Ukraine from the parent company. It is important that the signature of the responsible person of the foreign organization be notarized and translated into Ukrainian.
- Confirming documents confirming the payment of the state registration fee (original).
- Documents confirming the registration of a foreign company - extracts from bank, court and tax records. These documents must be submitted in two copies with an apostille and translated into Ukrainian.
- Power of attorney from the parent company in the name of the head of the representative office.
- Protocol confirming the creation of a representative office in Ukraine and the appointment of the head of the representative office. The original of the document with an apostille and a translation into the state language.
- Copy of the passport and tax payer registration card of the head of the representative office.
- Agreement for renting premises (office).
In the application for registration of a foreign representative office, it is important to include a wide range of information about the company: name, country of registration, address, contact data, location of the representative office, planned number of employees, legal form, field of activity and the main purpose of its creation.
- Preparation of documents.
- Apostillation and certification of documents by a notary.
- Translation of documents into Ukrainian.
- Submission of a complete package of documents to the Ministry of Economic Development.
- Payment of all necessary state fees.
- Receiving documents confirming the registration of the branch, such as an extract from the state register and a seal.
- Registration of a branch in the Ministry of Statistics and Tax Service.
This process requires attention to detail, as even a small mistake can delay the entire registration and branch opening process.
Law firm "Naumenko and Partners" is always ready to help and help solve even the most complex issues related to the registration of a branch of a foreign company.
The lawyers of our company will provide all the necessary information, advise how to act in a specific situation, and provide full legal support.
Law firm “Naumenko and Partners” provides comprehensive and qualified legal support in cases related to the registration (creation) and activities of foreign companies, as well as foreign representative offices in Ukraine, including representation of interests at the Ministry of Economic Development, the State Registrar, the Notary, TsNAP, the State Tax Service of Ukraine, in other state authorities and local self-government bodies.
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Professionalism and significant practical work experience
We provide the Client with interest-free installment payments for the rendered legal services
A comfortable and modern office in the very center of Kyiv, next to the metro
(100 meters from the University metro station and 4 minutes from the Teatralna metro station, as well as from the Zoloti Vorota metro station)
