What is needed for appointment of a head of representative office of a foreign company?
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This material will be useful for those who are going to open a representation office of their company in Ukraine and hire staff for working at it, and in particular – a head of representation office. And also for those who want to take up a position as a head at a representation office of a foreign company in Ukraine.
The article will highlight the following issues:
- who appoints a head of representation office of a foreign company?
- who can be a head?
- is an employment permission required for a foreigner head?
A head of representation office of a foreign company is appointed by the highest governing body of a foreign company. The first head is appointed yet before the beginning of registration of the representation office itself.
A document about appointing a head is the power of attorney of the foreign company. Full list of his powers is provided in it. That power of authority should be notarized, and also apostilled or legalized (depending on the country of registration of the foreign company).
In case the foreign company was registered in one of the countries with which Ukraine concluded agreements about mutual acknowledgment of documents, notarial certification will be enough. It should be also noted that the above-mentioned power of attorney should be translated into Ukrainian. Translation can be made directly in Ukraine.
Who can be a head of foreign representation office?
Any legally capable natural person can be appointed as a head of representation office.
In case a citizen of Ukraine is appointed as a head of representation office, labor relations are registered in compliance with the labor and employment laws, and the procedure of enrolling the head has no essential features.
When appointing a foreigner for a position of a head of representation office, some specifics should be taken into consideration. For example, when registering a representation office at the Ministry of Economy, for a head, only power of attorney is submitted, in which his name and place of residence are indicated. And when registering at the authorities of the State Fiscal Service, a head should have already a taxpayer ID (identification number).
Therefore along with registration of representation office at the Ministry of Economy, one should get the identification number, in case foreigner does not have it yet.
Unlike employment of foreigners at Ukrainian enterprises, it is not required to get employment permission for working at a representation office. Because foreigners have a right to work at a representation office based on service cards issued by the Ministry of Economy. A service card is the grounds for foreigner’s entry to Ukraine and legal stay in its territory. You get such cards after registration of representation office already.
It is impossible to get service cards and register a representation office simultaneously, since one of documents that are submitted for getting service cards is a notarized copy of certificate of registration of representation office. Therefore it is desirable for a foreign company to have an authorized person (persons) in Ukraine who could prepare everything necessary for foreign workers’ arrival in Ukraine.
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