Head of International Corporate Law and Fintech Practice
Expert in fintech, crypto, and international corporate law with over 20 years of experience. Specializes in crypto licensing (VASP/CASP), iGaming business support, and international structuring, asset protection, and OSINT analytics for risk assessment and due diligence.
Transferring business assets to another country
In today’s climate of globalization, political turbulence, and changes in tax regulations, more and more business owners are considering the possibility of transferring assets abroad.
This issue is often considered by Ukrainian businessmen due to objective circumstances in the country. This may be due to the need for asset protection, as well as the desire to optimize the tax burden, open new markets, or obtain a stable jurisdiction for conducting business.
Please note that Prikhodko & Partners Law Firm has many years of experience in the field of international corporate structuring and business asset transfer.
In this article, we will consider the key aspects and scenarios of transferring assets to another country, share practical advice, and tell you how we can help in this process.
Let’s start by defining what “transfer of business assets” means?
The term “transfer of business assets” refers to the movement of part or all of a business from one jurisdiction to another.
This may include:
- transfer of corporate rights to a foreign company;
- change in ownership structure;
- intellectual property transfer;
- movement of financial assets (accounts, investments);
- change of location of the central office or production facilities;
- migration of IT infrastructure and personnel.
Of course, such a process requires thorough legal preparation, as mistakes can lead to tax risks, fines, loss of assets, or blocking of bank accounts.
When is it appropriate to consider asset transfer?
- Change in political or economic climate in the country of origin.
- Planning for international market entry.
- Tax optimization or currency control simplification.
- Asset protection from sanctions or litigation.
- Preparing to sell a business or attract an investor from another country.
- Desire to obtain tax residency or immigration status in a new jurisdiction.
Let’s take a closer look at the main assets that are transferred abroad:
Corporate rights — shares, stakes, company management rights.
Intellectual property — trademarks, copyrights, know-how, patents.
Financial assets — bank accounts, investments, corporate accounts in fintech companies.
Contracts — with suppliers, customers, partners.
Technical base and software — IT infrastructure, cloud solutions, CRM.
Personnel — registration of remote work or transfer of employees to another country.
Legal support for transferring business assets: step-by-step actions
Specialists of the law firm “Prikhodko and Partners” provide a full cycle of legal support for the transfer of assets, including:
- Analysis of the current business structure
- Study of the company’s corporate, tax, financial and contractual structure;
- Identification of assets to be moved;
- Assessment of legal and tax consequences of the transfer.
- Choosing a jurisdiction for asset transfer
- Comparative analysis of countries taking into account the client’s goals (taxation, banking system, prestige, stability);
- Recommendations on the best options (Cyprus, UAE, UK, Estonia, USA, Poland, Hungary, Bulgaria, etc.);
- Taking into account currency and sanctions control restrictions.
- Developing an asset migration strategy
- Selection of the transfer mechanism (sale, contribution to the authorized capital, license agreement, restructuring);
- Preparation of legal documentation (agreements, acceptance and transfer certificates, decisions of participants/shareholders);
- Support for notarial or court registration of changes (if necessary).
- Company registration in a new jurisdiction
- Full support for the creation of a new business entity abroad;
- Obtaining registration, tax and banking details;
- Connecting to payment systems, opening accounts in banks or neo-banks.
- Intellectual property migration
- Re-registration of trademarks, domains, software;
- Registration of rights in the patent and copyright registers of the relevant country;
- Preparation of license or alienation agreements.
- Tax structuring
- Planning taking into account Double Taxation Conventions;
- Determination of tax residency of a legal entity;
- Building a scheme for legal income repatriation.
Nuances to consider when transferring assets
Transfer pricing control — transactions between related parties are subject to control, especially in cases of asset transfers at undervalue.
International tax obligations — it is necessary to take into account taxation of profits, dividends, royalties, as well as tax on withdrawn capital (if applicable).
Restrictions by national legislation — in some cases, there are restrictions on the transfer of strategic assets, investments abroad, or work with certain countries.
Sanction risks — you need to make sure that the assets are not subject to sanctions from the EU, the UK, or the USA.
Currency control — especially important for Ukrainian companies that must comply with the National Bank’s regulations on withdrawing funds outside Ukraine.
Conclusion
Moving business assets to another country is a strategic move that requires not only economic feasibility but also legal accuracy at every stage.
Mistakes or underestimation of regulatory requirements can lead to losses, blocked funds, or conflicts with tax authorities.
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