Kasyanenko & Partners Law Company provides services on the support of investment activity in Ukraine. Also, Kasyanenko & Partners Law Company specialists have a long and successful practice of registering foreign investments on the territory of Ukraine.
Investing in Ukraine is one of the most promising forms of profit for foreign investors. The effectiveness and security of foreign investment in Ukraine, and the receipt of profits by foreign investors, is due to the availability of objective and complete information on the legal regulation of foreign investment in Ukraine, taking into account practical experience in supporting investment activities.
Kasyanenko & Partners Law Company provides legal advice and assistance in organizing and implementing various forms of foreign investment in Ukraine.
According to Article 2 of the Law of Ukraine On the regime of foreign investment, foreign investments can be made in the form of:
- foreign currency recognized as convertible by the National Bank of Ukraine;
- currencies of Ukraine, according to the legislation of Ukraine;
- any movable and immovable property and related property rights;
- shares, bonds, other securities, as well as corporate rights (ownership rights to a share in the authorized capital of a legal entity established following the legislation of Ukraine or legislation of other countries), expressed in foreign currency;
- monetary claims and rights to claim performance of contractual obligations that are guaranteed by first-class banks and have a value in a currency confirmed according to the laws (procedures) of the investor’s country or international trade customs;
- any intellectual property rights whose value in convertible currency is confirmed following the laws (procedures) of the investor’s country or international trade customs, as well as confirmed by expert assessment in Ukraine, including copyrights, rights to inventions, utility models legalized in Ukraine
- models, industrial designs, marks for goods and services, know-how, etc;
- rights to carry out economic activities, including rights to use mineral resources and use of natural resources, granted following legislation or contracts, the value of which is convertible currency is confirmed following the laws (procedures) of the investor’s country or international trade customs;
- other valuables following the legislation of Ukraine.
According to Article 3 of the Law of Ukraine On the foreign investment regime, foreign investments can be made in the following forms:
- equity participation in enterprises created jointly with Other legal entities and individuals, or acquisition of a share of existing enterprises;
- establishment of enterprises wholly owned by foreign investors, branches and other separate divisions of foreign legal entities, or acquisition of ownership of existing enterprises
- acquisition of immovable or movable property not prohibited by the laws of Ukraine, including houses, apartments, premises, equipment, vehicles, and other property objects, by direct receipt of property and property complexes or in the form of shares, bonds, and other securities;
- acquisition, independently or with the participation of Ukrainian legal entities or individuals, of rights, to use land and natural resources on the territory of Ukraine;
- acquisition of other property rights;
- economic (business) activities based on production sharing agreements;
- in other forms not prohibited by the laws of Ukraine, including without forming a legal entity based on agreements with economic entities of Ukraine.
According to Article 4 of the Law of Ukraine On the regime of foreign investment, foreign investment objects are foreign investments that can be invested in any objects that are not prohibited by the laws of Ukraine.
IMPORTANT! Registration requires approval from the tax Inspectorate. Only after this procedure, it is possible to register state administrations.
Documents for registration of foreign investments that must be submitted:
- An application addressed to the head of the Main Department of foreign economic relations and investments with a request to carry out state registration of the investment.
- Information message about making a foreign investment with a mark of the tax Inspectorate of the area where the company is registered (3 copies).
- Two copies of the certificate of state registration of a business entity (notarized);
- A copy of the certificate from USREOU code (authenticated with seal and signature of the director);
- Two copies of the Charter and all amendments, if any (notarized);
- A copy of the Foundation agreement and all changes, if any (notarized);
- Agreement (contract) on joint activities and all changes, if any (notarized);
- Documents confirming the value of the registered foreign investment: in the form of a foreign currency or the currency of Ukraine for reinvestments, i.e. copies of duly certified payment documents. The original and a copy (certified by the seal and signature of the head of the company) a certificate from the Bank; the in-kind contribution of copies of customs Declaration (stamped and signed by the head of the enterprise, etc.), document of profits and an accounting certificate which confirms the admission of imported equipment in the balance sheet;
- Copies of payment orders for state registration (certified by the seal and signature of the head of the enterprise);
- A legalized power of attorney from a foreign investor for the right to perform functions related to the registration of investment (foreign) (original or notarized copy).
Our specialists provide full legal support of investment activities in Ukraine, analysis of investment activities, protection of the rights and legitimate interests of foreign investors.
In the field of investment support of the company we offer services:
- advising on foreign investment and business structuring in Ukraine;
- preparation and examination of necessary legal documents for compliance with the current legislation of Ukraine;
- assistance in obtaining the required permits, licenses, business registration, and investments;
- legal advice on export and import operations, customs legislation and currency control.
In the field of supporting the registration of foreign investments in Ukraine, we:
- receive confirmation (mark) of the SFS in the area of the city where the investment is registered on the information message about making a foreign investment;
- prepare and submit the necessary documents to the registration authority, following current legislation;
- receive an informational message about making a foreign investment;
- and the result: registration of an enterprise with foreign investment.