How to Remove a Belarusian Citizen from an LLC in Ukraine

Since the beginning of russia’s full-scale invasion of Ukraine, the participation of russian and Belarusian citizens in Ukrainian companies has become a serious issue for businesses, a real obstacle to their functioning. Today, following decisions by the National Bank of Ukraine (NBU) and the Government, their activities have essentially been blocked.

But is removing a Belarusian from an LLC truly a dead end? We know the answer, and there is a practical solution that works. But let’s take it step by step.

Why Has Removing a Belarusian from an LLC Become a Problem?

According to Resolution No. 18 of the NBU Board dated February 24, 2022, “On the Operation of the Banking System...”, it was decided to suspend:

1. operations on accounts of residents of the russian federation and the Republic of Belarus.
2. the servicing of accounts of legal entities whose ultimate beneficial owners are residents the russian federation and/or the Republic of Belarus.

The only exceptions are operations related to:

• transferring funds to support the Armed Forces of Ukraine;
• social benefits and salary payments;
• tax payments;
• currency sales and other transactions aimed at settling debts to the state budget or employees.

As a result of these restrictions, running a fully functioning business has become virtually impossible.

In addition, according to Cabinet of Ministers Resolution No. 187 of March 3, 2022, “On Ensuring the Protection of National Interests…,” companies that include Russian citizens or legal entities among their participants are prohibited from selling assets or even the corporate rights of those participants. In other words, their activities have been blocked, and there is no legal way to remove such participants.

However, this restriction does not apply to citizens of Belarus or to russian nationals who legally reside in Ukraine, specifically those holding a temporary or permanent residence permit.

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How Does Exclusion Work in Practice?

So how does it actually work in practice when citizens of Russia or Belarus want to withdraw from Ukrainian companies? We have repeatedly encountered situations where notaries simply refuse to work with them or quote a price several times higher than for similar services provided to Ukrainian citizens.

However, for both categories—citizens of Russia and Belarus who are legally residing in Ukraine, there is still a lawful mechanism for exiting Ukrainian companies. It is also worth noting that Belarusian citizens who are not physically present in Ukraine still have the legal ability to withdraw from Ukrainian companies. As mentioned earlier, the above-mentioned Cabinet of Ministers resolution does not apply to Belarusian citizens, so the obstacles they face are primarily due to human factors.

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Assistance for Belarusian Citizens in Exiting Business in Ukraine

Our company understands that circumstances can vary, and we adhere to the principle that not everything depends on the individual, and one does not choose their country of birth. That is why we support services for assisting foreign members of LLCs, including residents of high-risk countries.

We are open to cooperation with Belarusian citizens who do not support armed aggression against Ukraine, actively donate to the Armed Forces of Ukraine, hold a pro-Ukrainian position, and reside in our country legally, as well as those currently abroad. We assist in properly exiting Ukrainian companies transparently and in full compliance with current legislation.

We also act in the interests of Ukrainian businesses, assisting companies in initiating the procedure to remove Belarusian citizens as members, even if they are located outside Ukraine. Our expertise goes beyond legal procedures; we handle complex cases that other lawyers may refuse to take on.

With our assistance, the process of withdrawing from an LLC as a member is simplified as much as possible, requiring minimal action on your part. If the Belarusian citizen is in Ukraine and holds a residence permit, all that is needed is to appear before a notary at the agreed time with that valid permit. If the residence permit has expired, especially if it expired during martial law, the situation can still be resolved, but a notarized translation of the passport will be required.

Facing a similar situation and need a solution? Contact us, and we’ll offer an effective approach tailored to every nuance of your case.