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Corporate law Registration of investments in Ukraine for non-residents

Taras Miroshnychenko

Head of practice

E-mail

miroshnychenko@prikhodko.com.ua

Phone numbers

Head of Corporate Law and Fintech Practice. Expert in the creation and reorganization of companies, support of M&A transactions, as well as legal support for opening and running a business in the EU, Asia, and North America.

Registration of investments in Ukraine for non-residents

Despite the state of war, Ukraine remains one of those countries that are still attractive for foreign investment, in particular for expanding business opportunities for non-residents (both individuals and legal entities).

One of the key aspects of investing in Ukraine for non-residents is its correct registration with the regulatory bodies of our country.

Currently, according to the law, state registration of investments by non-residents in Ukraine is not mandatory. However, it is worth keeping in mind that when it is carried out, the non-resident has the right to receive the corresponding guarantees and benefits defined in the current Ukrainian legislation.

Such guarantees are;

guarantees in the event of a change in legislation (in particular, regarding the registration and investment procedure);
guarantees in the event of forced seizure of assets/illegal action against them by authorities;
compensation and indemnification of losses to foreign investors;
guarantees of the use of profits/income from foreign investments.

The list may also include other guarantees related to the implementation of investment activities.

Before direct registration of investments by a non-resident in Ukraine, it is important to understand the specified procedure and the steps that will need to be taken.

The process of such registration is as follows:

Preparatory stage.

Currently, it is possible to register a non-resident’s investment using a power of attorney drawn up by the current law (with translation and notarization by a notary public).

Next, you need to prepare the necessary documentation, which will consist of an application for state registration of foreign investments, a decision of a foreign investor to contribute relevant assets, documents confirming the value of foreign investment, documents confirming the form of foreign investment, as well as an information notice.

Registration of the investment in the tax/local state administration.

From the moment of completion of the registration of investments by a non-resident in Ukraine, a registration number is assigned, which is confirmed by the signature and seal of the state registration authority.

One copy of the information notice remains with the applicant to confirm its submission, with the state registrar and is sent to the Ministry of Economic Development and Trade of Ukraine for formal completion of the procedure and registration. As a general rule, the duration of such registration is 3 working days.

We also recommend opening an investment account for conducting investment activities on the territory of Ukraine. This will also provide an opportunity to negotiate an individual exchange rate, and service at bank branches, in particular, consulting on the issue of conducting commercial activities on the account.

Qualified lawyers of JSC “Prikhodko and Partners” can provide comprehensive consultations on registration of investments to non-residents at the client’s request, help in the preparation of appropriate documentation for registration with the tax office, state registrar, provide legal support for the organization of the entire procedure (by a notarized power of attorney).

Conclusions.

Registration of investments in Ukraine for non-residents is an important step for those interested in business development in our country.

Proper registration of foreign investments can bring significant benefits in the form of guarantees and benefits both for the investor himself and for the country’s economy as a whole.

Registration of investments in Ukraine for non-residents

The process of such registration is as follows:

Conclusions.

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Andrey Prikhodko