Helped to open a marketing business in Ukraine for a client from Turkey

Who is the client?

  • Owners of group of companies in a number of countries – natural persons; 
  • scope of activity: marketing, advertising;
  • geography of activity: Turkey, the United Arab Emirates and a number of countries of the European Union.

How did the client formulate the task? What solution was suggested and why?

  • A company which would be not an independent business but the one which would provide the necessary support for a group of foreign companies – this is the client’s main interest
  • business in our country was to allow for the owners of the company the long-term residence here, and Ukraine was to become an intermediate location between the European and the Asian part of the business geography of our clients;
  • bringing the new participants into the company was to take place gradually, along with the growth of business;
  • the clients could spare the minimum of time for signing documents, visiting the government authorities, due to considerable busyness and constant business trips.

For the clients, the well proven procedure of registration of a limited liability company for running business was suggested, with step-by-step bringing clients as founders/participants with further employing them for senior management positions. Such a combination (founder/participant + senior management position) would allow getting a residence permit for 3 years, which would be quite enough for normal work in Ukraine.

Difficulties in implementation of the decision taken which were settled successfully by our lawyers

  • Having considerable experience in implementation of similar projects, the key problems concerned exceptionally availability of clients at initial stages (for issue of powers of attorney for representation of their interests), and also at the final stage of getting the temporary residence permit (signing the notarial powers of attorney and procedure of getting the permits require foreigner’s personal presence);
  • the situation turned out to be off-standard, when, having obtained a residence permit for the first of the founders according to the old rules (in form of a booklet), we had to represent the interests of the next founder according to the new procedure already (issue of biometric ID). Since the practice of issue of those new residence permits has not formed yet, there was not enough technical equipment for taking fingerprints, photo cameras etc/they were constantly breaking, considerable part of work was being performed not only in format of preparation of documents, but also in solving off-standard practical situations with government authorities which were not regulated by the corresponding normative acts.

Line of thinking and approach to lawyer’s work in implementation of solution

  • The work was structured so as to minimize client’s time expenditures (mainly by representation of their interests based on power of attorney, with regard to considerable busyness).
  • For the most of our foreign clients, it was important to convey all the specifics of registration of this or that legal entity (including tax and labor nuances), getting residence permits based on this or that reason, in order to satisfy to the maximum the clients’ interest (business in Ukraine is intermediate for others, and it also serves as a reason for getting the status of residents).
  • Prompt settling the off-standard situations, for example, government authorities’ incapability of issuing the permitting documents within the time periods provided by the law.

What value did the client get? Why would he not have achieved that independently?

  • Minimal engagement of client, including even such minor things as booking the queue at the government authorities where personal presence is required. The client has a possibility to come and get an appointment practically at once.
  • No need of puzzling out the intricate migration, corporate and labor law, and no need of conducting a dialog directly with government authorities.
  • Even if having puzzled out the legal norms and keeping strictly to them, the law-applying practice may often differ from what is provided by the law, due to these or those reasons, and therefore while working with us, you get not just an interpreter and a courier, but a professional who understands principles of work of specific government authority and who knows how the officials interpret or may interpret a specific norm or situation.

Why is it worth while applying to us? In what case?

  • Foreign owners of business who plan to manage a Ukrainian company from the territory of Ukraine;
  • foreign management of Ukrainian companies;
  • other categories of foreign employees who work in Ukraine.

All about opening a foreign business in Ukraine is here.

Publication date: 04/12/2018

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