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Certification of documents of a foreign company for registration of a representative office in Ukraine. What is needed for this?

This material will cover answers to the following questions:

  • What documents are to be submitted for registration?
  • Is it needed to legalize documents?
  • A sequence of certifying documents of a foreign company
  • How to prevent mistakes when preparing the documents?

The analysis will be useful for those, who own a company abroad and want to expand and develop it in Ukraine

Legislative requirements

According to the Regulations on the registration of representative offices of foreign business entities in Ukraine (approved by the Order of the Ministry of Foreign Economic Development and Trade of Ukraine dated January 18, 1996 № 30), in order to register a representative office in Ukraine, a foreign company must provide:

  • an application in free form with request to register a representative office,
  • a document on registration of a foreign company in the country where the company is located,
  • a certificate from a bank on opening an account;
  • a power of attorney to the head of the representative office.

All listed documents must be notarized and properly legalized. Legalization of documents takes place in consular institutions, which represent the interests of Ukraine (unless otherwise provided by international treaties of Ukraine).

Legalization procedure

The procedure for legalization of documents is regulated by the Vienna Convention "On Consular Relations" of 1963).

According to it, legalization is a procedure that confirms a validity of the original official documents. Also, legalization certifies:

  • the original of signatures of officials (to prevent a forged signature);
  • a validity of prints of stamps and seals on the document. In general, it is required for documents that are planned to be used abroad.

The key moment here is the procedure, because legalization has many stages.

However, there are international treaties that greatly facilitate the legalization process. One of such treaty is the Hague Convention (1961). Each year, its members become more and more countries.

In accordance with the convention, the documents of member countries are legalized by placing an apostille. However, there are a number of countries, with which Ukraine has signed an agreement on refusal from legalization of official documents. Most of them are the post-Soviet countries, as well as Poland, the Czech Republic, Hungary and others. It is not even required to do an apostille with these countries, notarization of documents is enough for such procedure.

Conclusions

For registration of a foreign company in Ukraine you have to follow the Regulations on the registration of representative offices of foreign business entities in Ukraine.

Also, depending on the specific country (a resident of which is a company that intends to open a representative office in Ukraine), its documents may be:

  • legalized;
  • certified by apostille;
  • certified notarially.

If you have questions about registering a foreign company, our lawyers will consider your case individually and will provide individual recommendations at number   0 800 330 967

 

 

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