Our firm has registered a company in Ukraine and obtained a residence permit for a US citizen
At the end of 2017, the US citizen retained services of our law firm. His primary interest was to sell his goods (hardware and software in the security sector) on the Ukrainian market. He wanted to know the procedure for business registration in Ukraine, as well as the migration law concerning business owners (the client wanted a long-term migration visa for personal management of his business in Ukraine).
The work on project consisted of the following stages:
- consultation stage;
- business registration in Ukraine;
- receiving a work permit;
- receiving a residence permit and registration of a place of residence.
Thus, at the first consulting stage, the client was provided with general information on the following.
Creating a business in Ukraine:
- corporate aspects, including the choice of optimal organizational form for doing business;
- tax peculiarities, opportunities for simplified taxation in Ukraine;
- labor law issues, in terms of employing the client as well as future Ukrainian and foreign workers;
- other related issues about doing business in Ukraine.
Possible options as for legal long-term stay in Ukraine:
- a residence permit, based on employment, including through the creation of a representative office of a foreign company in Ukraine;
- a residence permit, based on investments in Ukraine;
- other options for legalizing the stay of a foreigner in Ukrainian jurisdiction.
As a result of the consulting stage, it was decided to bring the client’s business to the Ukrainian market through the registration of a limited liability company. The decision was made due to the fact, that our client already had potential Ukrainian customers, and for singing a contract, a registered economic entity was required.
After a quick receipt of the tax identification code, our lawyers created a company in Ukraine in just one day. As the current legislation doesn’t allow to create a company immediately with a foreign director, one of the lawyers of our company, fulfilled the role of nominee manager.
The next step after registration of the company was preparation of documents for the employment center, on the basis of which our client had to obtain a work permit in Ukraine as a director. A positive decision on the possibility of employment was received in two weeks. And after that, appropriate changes were made to the Unified State Register, regarding the the company’s manager (replacement of our nominee director with the client).
It should be noted, that all activities during the first two stages were carried out under the power of attorney from the client, until he finished with the preparations for moving from the United States to Ukraine. As soon as the employment center issued a work permit, the latter was sent by courier to the United
States to obtain appropriate long-term migration visa to Ukraine by a client.
Having successfully obtained the visa, the client immediately flew to Ukraine for singing the contracts, mentioned above. Since at the time of arrival, the client didn’t have a residence permit, and for singing the contracts besides the company, open bank account was also needed, our lawyers helped to organize the process. The fact is, that most Ukrainian banks refuse to open accounts for companies in which manager is a foreigner without a residence permit. However, for a long time, working on similar cases, our lawyers developed partnership with a number of banks, which allow open an account in the presence of a work permit and confirmation of the legality of stay of a foreign citizen in Ukraine. Thus, our client was able to open bank accounts even before a residence permit receiving.
The final stage was obtaining a temporary residence permit (in the case of our client for three years) with the State Migration Service. Our lawyers did not only develop and collect all the necessary documents, but also accompanied the client in all interactions with the state body (filing and receipt of documents takes place personally).
Upon receiving a positive decision on issuance of residence permit and the permit’s booklet, our lawyers only had left to register a place of residence of our client in Ukraine.
Thus, the coordinated work of two practices of our company, namely corporate and migration law, allowed the client just in two months not only to receive all the necessary permits, but also successfully sign the first contracts for the supply of products.
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