State Registration of Foreign Investments in Ukraine

Source:Law Article         Published:2010-01-11         Access:408
State Registration of Foreign Investments in Ukraine
Authorized bodies
The state registration of foreign investments shall be made by the Council of Ministers of the Autonomous Republic of Crimea, state administrations of oblasts and the cities of Kiev and Sevastopol (hereinafter state registration authorities) in the course of three working days after the actual submission.
Package of documents
For the state registration of foreign investments, a foreign investor or a person authorized by him in accordance with the established procedure (hereinafter the applicant) shall submit the following documents to the state registration authority:
- notification on a foreign investment in three copies with a mark proving the actual investment made by a state tax inspectorate at the place of investment;
- documents confirming the form of a foreign investment (constituent documents, agreements (contracts) for cooperation, joint manufacturing and other types of joint investment activities, concession agreements, etc.);
- documents confirming the value of a foreign investment;
- a document certifying the payment for registration fee.
Procedure for State Registration of Foreign Investments in Ukraine
The state registration authority shall record the date of receipt of documents in the journal of records for state registration consider the documents submitted within three working days from this date and make the decision on state registration of a foreign investment or refusal of registration.
The state registration of a foreign investment shall be carried out by establishing a registration number of a notification on a foreign investment, which is signed by an official and sealed with a seal of the state registration authority in all three copies.
The first copy of the notification shall be returned to the applicant as a proof of the fact of state registration of a foreign investment; the second copy shall be sent by mail to the Ministry of Finance on the day of registration of a foreign investment; the registration authority shall keep the third copy.
Refusal to carry out state registration of foreign investments is possible only if this investment contravenes the legislation of Ukraine, or if the documents submitted do not meet the requirements of Ukrainian legislation. No refusal for reasons of non-advisability can be allowed.
Refusal to carry out state registration shall be formalized in writing with an indication of the reasons and an appeal can be made in accordance with court procedure. The state registration of additional volumes of foreign investments shall be exercised in accordance with this Regulation upon the actual additional investments.
In the event of the loss (destruction) of notifications on foreign investments, duplicates shall be issued to applicants at their request. To receive a duplicate of the notification on a foreign investment, the applicant shall submit to the state registration authority the announcement on declaring the lost notification null and void published in the official press and the document certifying the payment for issue of the duplicate of notification on foreign investment.
Within five working days, the state registration authority shall issue the duplicate of the notification on foreign investment.
Charge for State Registration of Foreign Investments in Ukraine
340 UAH (approx. 40 USD) is charged for the state registration of a foreign investment. Proceeds received for registration of a foreign investment shall be transferred in accordance with the following procedure: 50 % correspondingly to the budget of the Autonomous Republic of Crimea, oblasts, cities of Kiev and Sevastopol, and 50 % to the State Budget of Ukraine. If state registration is denied, the proceeds shall not be refunded to the applicant. Payment for the issue of a duplicate of notification on a foreign investment shall be charged in the amount of 40 % of the registration fee established as of the day of submission of the application for issue of the duplicate.
ABOUT THE AUTHOR: Maria Tereshchenko
Marketplace UkrRos LLC offers professional, timely and client-focused advice to solve complex legal issues and achieve commercial goals of our clients on a day-to-day basis. Clients trust us, because we enjoy good track record of advising internationally and domestically on a wide scope of commercial transactions and other business issues. Our English-speaking lawyers and attorneys have clear understanding of the needs of our clients and consistently deliver distinctive results. We cooperate with leading commercial enterprises, law firms, NGOs, state and international institutions on a regular basis to solve complicated legal issues of our customers. Our main secret of success is our confidence that professionalism of our personnel with wealth of experience is the main factor in our business. That enables us to provide the very best legal counseling and offer consistently high standards of client service to domestic and international companies.
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