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Today, in the business world of Ukraine, the search for a source of financing for business abroad is a familiar and understandable phenomenon. Domestic entrepreneurs are increasingly establishing business contacts with foreign partners, especially on the verge of joining the EU. Many business entities use such lending, and non-residents, in turn, are interested in providing it to Ukrainian companies. However, Ukrainian legislation sets forth certain requirements for the use of proceeds from abroad: funds received as a loan from a non-resident cannot be credited to an account in a Ukrainian bank without a preliminary NBU visa. Each agreement on the provision of loans by a non-resident to a legal entity or an individual entrepreneur in Ukraine is subject to the registration procedure - in order to provide the NBU with the opportunity to check the transaction for compliance with the currency control regime.
The main provisions and principles of currency control are set out in the Decree of the Cabinet of Ministers "On the system of currency regulation and currency control" dated 19.02.1993 and in section VIII of the Law of Ukraine "On the National Bank of Ukraine" dated 20.05.1999 No. 679-XIV. The basis for registering credit agreements with non-residents is the Regulation on the procedure for residents to obtain loans, loans in foreign currency from non-residents and the provision by residents of loans in foreign currency to non-residents, approved by the NBU Board of Directors dated June 17, 2004 No. 270, in which the NBU Board dated June 15. 2012 No. 246 some changes were made and came into force on 10.11.2012. The new rules were adopted to simplify the procedure for registering loan agreements between Ukrainian non-bank borrowers and foreign lenders and to make it similar to the procedure applied to Ukrainian banks.
Who is registering?
Although the NBU is engaged in registration, the territorial administration of which previously should have submitted a package of documents necessary for it, now it is submitted directly to the domestic bank. The Ukrainian servicing bank is now endowed with broader powers regarding decision-making on the compliance of a loan agreement with legal requirements. After its verification, the relevant documents are transferred to the NBU for registration, while the NBU may request a copy of the loan agreement if it deems it necessary, but the Ukrainian borrower does not contact the NBU directly during registration. The contact between the servicing bank and the NBU takes place, as a rule, in electronic format.
- if the loan agreement is used a variable interest rate, the maximum size of its increase must be specified in the notification of the NBU;
- providing a loan to finance supplies - direct access to loans to foreign lenders. In the case of receiving services for the provision of funds to foreign creditors, as well as for the provision of SWIFT or telex communication, he simply transfers funds to foreign creditors to pay the total amount of the loan and interest (as well as commissions, penalties and other payments). specified in the contract).
Documents from the substitute required for registration:
- a letter of application for registration together with a copy of the loan agreement, drawn up in the prescribed form "Notice" (we will draw up it for you ourselves);
- copy of the certificate of state registration;
- copies of statutory documents (for a legal entity);
- a certificate from the Statistics Department;
- certificate or extract from ESRPOU;
- a copy of the VAT payer certificate (if any);
- data on the chief accountant of the enterprise;
- exact details and contacts of the bank;
- a copy of the document (order) on the appointment of the head of the legal entity;
- accurate information about the name of the non-resident, his contacts and bank details, with obligatory translation into Ukrainian (in the case of Russian - not required) and the necessary legalization;
- information about the agreement (amount, currency, interest rate, maturity date, the presence of penalties in case of late payment, etc.), on paper or in the form of an electronic document in the form established by the NBU (Appendix 1 to Regulation No. 270);
- a photocopy of the National Bank's individual license for placing currency valuables on accounts outside Ukraine - if an agreement with a non-resident provides for obtaining a loan with receipt to the account of a resident borrower outside Ukraine and / or repayment of debt under such a loan must be carried out from a resident's account opened outside Ukraine
An important point is the new form of registration of the agreement - instead of a registration certificate as confirmation of the registration of a loan from a non-resident lender, the NBU puts a registration mark on the Notification provided to it. At the same time, all registration certificates issued before November 10, 2012 remain valid.
Registration procedure and terms
Officially, the period during which the NBU must register a loan agreement or refuse to register it has decreased - from 7 working days to 5. But the real term for registering a loan agreement with a non-resident has increased - since Ukrainian banks also need some time (up to 4 working days or more if the bank considers that the submitted documents do not fully meet the requirements of the legislation) for preliminary verification of documents before their transfer to the NBU. A total of 10 days.
Having received a mark of registration with the NBU on the Notice, you should not forget that in case of any changes - both in the loan agreement itself and in your other data - you must register them with the NBU in a timely manner. Only in this case, the loan agreement with a non-resident will continue to have legal force
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