Directions for registration of a Representative office
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A Representative office is a duly authorized institution or person which represents the interests of a foreign economic entity in Ukraine.
The legislation of Ukraine provides mainly two types of Representative offices of foreign companies:
- Permanent Representation (a Representative office through which all or part of the economic activity is carried out by non-residents in Ukraine);
- Noncommercial Representation (a Representative office whose activities are only preparatory or auxiliary in character relative to the main activity of a parent company).
Registration of a Representative office is carried out by the Ministry of Economic Development and Trade of Ukraine, in particular by the Department for Trade and Economic Missions and Foreign Representative Offices.
Unless otherwise stipulated by international treaties of Ukraine, documents submitted for registration of a Representative office must be notarized at the place of their issuance, duly legalized at the consular office representing interests of Ukraine. These documents must be translated into Ukrainian and certified by a translator.
The relevant documents shall be submitted to the Ministry of Economic Development and Trade of Ukraine within 6 month from the date of their issuance in the country where a registered office of an economic entity is located.
Subject to the acceptance of the documents for registration, an applicant is given a bank account’s details for payment of state dues in amount of USD 2 500.00.
Provided that the submitted documents meet all the requirements, the Ministry of Economic Development and Trade of Ukraine shall pass a decision on registration of a Representative office and consequently issue the Representative office a registration certificate with a corresponding number (not later than after 60 working days after the state due is paid). Registration records shall be included into the Register on Representative offices, being kept by the Ministry of Economic Development and Trade of Ukraine.
A Representative office of a foreign economic entity is considered to be established from the date of registration by the Ministry of Economic Development and Trade of Ukraine.
Foreign staff of a Representative office shall be issued special service cards, valid on the territory of Ukraine. Service cards’ issuance formalities shall be conducted within 15 working days from the moment when all the necessary documents are submitted. Should the powers of a service card owner be terminated, the card shall be returned to the place of issuance. Each foreign officer of a Representative office shall be issued a separate service card with a validity term for not longer than 3 years.
In order for a seal to be manufactured, it is necessary to address a company which specializes in manufacturing seals and stamps. The procedure to obtain a seal, as a rule, takes one-day and requires submission of documents, which include a Representative office registration certificate, a copy of a certificate from the Unified State Register of Legal Persons and Natural Persons – Entrepreneurs, a power of attorney in the name of Representative office manager etc.
Provided that a Representative office conducts economic activity on the territory of Ukraine, such a Representative office must be registered with the tax authority serving this location. Permanent Representation must be registered with the Tax Inspection Authorities within 10 days from the day of registration and obtain a certificate of registration therefrom. The legislation of Ukraine does not require obligatory registration of Noncommercial Representation with the Tax Inspection authorities. Nevertheless, if a Noncommercial Representation intends to establish an account with the banking institutions of Ukraine, the registration with the Tax Inspection Authorities shall be obligatory.
Moreover, it is necessary to obtain a registration certificate in the Pension Fund, which constitutes an obligatory document for establishing bank accounts on the territory of Ukraine. This certificate is also required in the case of employment of Ukrainian employees by a Representative office.