Registration of the non-resident's representative office
A non-resident’s representative office may be defined as a structural unit of the foreign legal person, which aims at protecting his/her interests and is situated beyond the location of this particular legal person. The representative office may be situated in any region or city of Ukraine. The registration of the representative office in Ukraine is strictly regulated by the Foreign Economic Activity Act of Ukraine. The registration of the representative office in Ukraine is entirely controlled by the Ministry of Economic Development and Trade (it was referred to as the Ministry of Economic Affairs until December 9, 2010).
REGISTRATION OF THE FOREIGN REPRESENTATIVE OFFICE
Registration of the foreign representative office is going to be performed after the submission of documents. The application may be compiled in any form, but it must contain: full name of the foreign person, country of origin, location, contacts, the number of foreign persons that will be appointed to a certain job position in the representative office, the city in which the representative office was set up and its actual address, its legal organizational form, type of business, account number and the corresponding name of the bank as well as the aim of business relation with Ukraine and the nearest-term development prospects. Apart from that it is necessary to provide the bank or trade statement from the country where the foreign legal person was registered, the reference from a bank where the account was opened and the letter of attorney which is compiled according to the rules of foreign legal person’s country and allows the representative to perform his functions. All the documents mentioned above must be notarized according to the place where they were issued as well as legalized in consular office (if nothing else is specified by international treaty). The registration certificate will be provided during 60 days after the governmental charge is paid (the price is determined by the Cabinet of Ministers of Ukraine).
CLOSING OF THE REPRESENTATIVE OFFICE
Closing of the representative office is performed in case it was opened on the basis of agreement with foreign country, and this agreement was cancelled in case of trial or if the foreign company broke the Law of Ukraine, or if the parent company decided so (the most common case).
The stages of representative office’s liquidation by the decision of a parent company:
1st stage. A parent company decides to dissolve the representative office in Ukraine.
Authorized body accepts the company (according to regulations);
Authorization of the person, who makes the decision and signs the Power of Attorney, is confirmed;
The extract from Unified or Court Register of the parent company;
All the documents mentioned above must be legalized or apostillized.
2nd stage. 2.1 The decision of the parent company concerning the liquidator’s appointment, where the powers and decisions of liquidation committee are indicated. 2.2 The parent company provides the Power of Attorney to the authorized person for liquidation and current operations. The representative’s report has to be submitted before the moment of closure.
Documents must be legalized or apostillized
3rd stage. Official translation into Ukrainian and notarization: 1) liquidation decision; 2) powers of attorney of the authorized person; 3) extracts from Unified or Court Register; 4) residential certificate; 5) resolution concerning the liquidator’s appointment; 6) Power of Attorney to the authorized person for liquidation.
4th stage. Mass media informing. Creditors informing.
5th stage. Closing of the account in Ukrainian banks (salaried projects).
6th stage. Deregistration and passing of inspection in:
6.1 Unified Social Fund (notarial copy of the Resolution is provided during 10 days from the moment the liquidation decision was made).
6.2 Employment Fund, Social Insurance Fund, accident insurance.
6.3 Deregistration in custom authority.
6.4 Payment of fines and additional charges.
6.5 Informingof Directorate of General Management for Services to Foreign Representative Offices and termination of a contract
7. Deregistration in taxation bodies. Undergoing of inspection. The duration of inspection is not indicated in legislation.
8. Closing of the last account and refund to maternal company.
9. Document archiving.
10. Resolution of the Economic Development Ministry to cancel the record representative’s list (30 days as a rule).
11. Deregistration in statistical office. The time is not indicated in legislation.
Informing of the Economic Development Ministry, certificate of deregistration in taxation bodies, filled in application for expulsion from Unified State Register.
12. Seal elimination
The approximate time of closing from the moment of the full documentation package submission: 6 months-2 years.
If you are interested in registrating of the representative office in Ukraine, please, contact us! We will advise you on the registration and answer all your questions. Services for non-residents.
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