In accordance with the Constitution of Ukraine, foreigners and stateless persons who are legally on the territory of Ukraine enjoy the same rights and freedoms, and bear the same duties as citizens of Ukraine.
The procedure for creating a foreign enterprise is regulated by the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs”. The founder - non-resident passes the same stages of registration as the founder-resident.
In Ukraine, business can be carried out in two legal forms:
- as an individual entrepreneur;
- through a legal entity.
Most often in our country residents and non-residents use the organizational and legal form in the form of a limited liability company (LLC) to carry out their own business.
The list of necessary documents for registration of LLC:
From the founder - non-resident (legal entity) you will need:
- Extract from the judicial or banking register (valid for 30 days from the date of issue);
- Charter or Memorandum of Association;
- A notarized power of attorney on the person who will represent the interests of a non-resident in Ukraine;
- A copy of the passport of the final beneficial owner;
- The protocol or decision of the main company to establish a legal entity in Ukraine;
- Copies of identification code assignment certificates;
- Copy of passport and taxpayer registration card of director;
- Documents to the legal address (select one of the options):
a) the place of registration of the founder;
b) lease / sublease agreement;
All the above documents must be apostilled, translated into Ukrainian and the translator’s signature must be notarized.
Please note that if the founder - a foreigner intends to hold the position of director of the enterprise, then he needs to obtain a work permit in the relevant Employment centre. Prior to this, a citizen of Ukraine (resident) is temporarily appointed director of the company. A representative of a legal, auditing firm or a third party may become interim director. After obtaining a permit by a foreigner, the hired director (resident) resigns and a non-resident is appointed as director. At the registration stage, you can declare the minimum share capital, and increase it when non-resident became a director. It is necessary to appoint a citizen of Ukraine as a director because a foreigner cannot sign the necessary documents, including documents for the issuance of work permit.
To open a Limited Liability Company by a non-resident individual, first of all you must obtain a taxpayer registration card from the State Fiscal Service of Ukraine. Without a taxpayer registration card it is impossible for a non-resident to open his own business in Ukraine.
If the founder-non-resident is a legal entity, the following documents must also be prepared:
- Extract from the registry;
- Protocol of the meeting of participants, at which it was decided to become a member of the newly created legal entity.
Term of registration of LLC: 5 daysCompany registration in Ukraine by foreigner Legalwork
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