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Attracting investments seems to be an increasingly important tool in the normalization of the economic situation in Ukraine every day. The main legal document regulating the relationship between subjects of investment activity, and an investor can be both individuals who do not reside permanently in Ukraine, and legal entities - non-residents, foreign states, international governmental and non-governmental organizations, is an investment agreement.
Investments can be in the form of: foreign currency, Ukrainian currency (in case of reinvestment), movable and immovable property, property and corporate rights, securities, monetary claims and rights to claims for the fulfillment of contractual obligations (guaranteed by banks), intellectual property rights, rights to conducting economic activities (for the use of subsoil and natural resources) and other values. A general requirement for all types is their assessment in hard currency, confirmed by the investing country or international trade agreements.
Registration of foreign investments
It is the investment assurance that guarantees the return to the foreign investor of investments and income, profits, and other funds received from investments (except for dividends), and also provides guarantees against nationalization and the right to compensation for losses. All agreements (contracts) on industrial cooperation, joint production and other types of joint investment activities not related to the creation of a legal entity, concluded in accordance with the legislation of Ukraine by subjects of foreign economic activity with the participation of a foreign investor, are subject to state registration.
The regulatory framework is the Law of Ukraine dated 18.08.1991 No. 1560-XII "On investment activity" and the Law of Ukraine dated 19.03.1996 No. 93/96-VR "On the regime of foreign investment". The law establishes guarantees for foreign investors. Over its long history, this legislation has undergone a number of changes (Law of Ukraine dated 20.12.2001, No. 2889 "On Amending Certain Laws of Ukraine in order to eliminate cases of avoidance by individual enterprises created with the participation of foreign investors from paying taxes, fees (mandatory payments) ", dated 17.02.2000, No. 1457" On the elimination of discrimination in taxation of business entities created with the use of property and funds of domestic origin ", etc.) The law establishes for foreign investors in Ukraine the effect of a national regime, i.e. Providing equal conditions for activities with domestic investors.
Previously, registration of investment documents was carried out on the basis of the Cabinet of Ministers decree of 07.08.1996 No. 928 "On approval of the Regulation on the procedure for state registration of foreign investments." But 06.08. 2013 The Cabinet of Ministers enacted a new decree No. 139 "On Approval of the Procedure for State Registration (Re-registration) of Foreign Investments and its Cancellation". The new procedure provides for not three, but seven days for registration from the date the foreign investor submits the relevant documents.
The tax mark on the information message has been changed to the mark of the Ministry of Revenue and Duties.
Documents required from you to register investments:
- Letter of appeal on the state registration of the contract.
- Information card in the prescribed form.
- Agreement (original and copy), certified in accordance with the established procedure.
- Constituent documents of a subject of foreign economic activity of Ukraine and a certificate of its state registration as a subject of entrepreneurial activity (certified copies).
Documents on registration of a foreign legal entity (non-resident) in the country of its location (extract from the trade, bank or court register, etc.), certified in accordance with the legislation of the country of issue, translated into Ukrainian and legalized at the consular office of Ukraine, if international treaties in which Ukraine is a party do not provide otherwise (they can also be certified at the embassy of the relevant state in Ukraine and legalized at the Ministry of Foreign Affairs). Appropriate permission (license), if required by the laws of Ukraine.
Document confirming payment for services for state registration of the contract. Documents are submitted to the territorial body of the Ministry of Revenue and Duties of Ukraine. A report on registration, re-registration or cancellation of investments is submitted by local administrations to the Ministry of Economic Development and Trade and the State Statistics Service of Ukraine.
An investment agreement should not contradict the legislation of Ukraine and, in addition to the usual requirements for agreements (the presence of essential conditions on the subject, price and term of the agreement), it requires the mandatory availability of data on the procedure, timing of investment, on the type of investment (currency).
The confirmation of the state registration of the contract is the card of the state registration of the contract, which is issued to the subject of foreign economic activity of Ukraine in triplicate. One copy of it and a copy of the document (contract) remain with the state registration authority.
Registration of investments in Ukraine with RegService
In an investment agreement, it is very important to stipulate the forms and stages of financing, key indicators of the business plan, project milestones, the procedure for managing the company, and all indicators must be measurable and provable, despite the a priori uncertainty of the investment situation. It is necessary to clearly prescribe the decision-making procedures, the procedure for interaction between the parties, responsibility for violation of the agreement and guarantees of its implementation, as well as in which court the dispute between partners will be resolved. It is no secret that many large companies prefer to draw up contracts under English law, where the investor's rights are more protected. When drafting the contract, it is worth limiting the scope of decision-making related to budget and personnel changes for the board of directors. In order to avoid conflict situations, it is better to involve independent experts - if an investor agrees to such a condition, this will indicate that he is not inclined to an authoritarian management style, which is extremely negative for the company.
A special role is assigned to attracting investments on the basis of concession agreements and agreements on joint investment activities.
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