Registered a representative office of a foreign company in Ukraine within tight deadline
In January 2018, our company received a request from the U.S. company for legal support and assistance in opening its representative office in Ukraine. The Client inquired if the company’s representative had to come to Ukraine, how long the procedure would take and what documents the company had to provide. With extensive experience in registering the foreign company representative offices, our lawyers provided the Client with legal advice on the registration procedure, as the Client was interested in the entire process, and assured him that the company’s representative was not required to come to Ukraine to register a representative office of the parent company. Our specialists could perform all the necessary actions on the basis of a power of attorney. American employees might be required only to come to Ukraine to personally obtain work cards after the representative office would be registered.
Upon signing the Legal Services Agreement with the American company, our lawyers developed the company’s decision on the registration of a representative office in Ukraine and appointment of a head of the representative office, prepared a draft of the parent company’s power of attorney for the head of the representative office, so that he/she was entitled to act in its name and on its behalf, as well as to represent the company at all Ukrainian governmental and non-governmental agencies. Our specialists also prepared the parent company’s power of attorney for our specialists, so that we could register its representative office acting in the name and on behalf of the foreign company at the state authorities of Ukraine. Our lawyers informed the Client about the need to get a certificate from the financial institution verifying the opening of a parent company’s bank account, as such a document shall be also included in the representative office registration package.
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Upon the receipt of the requested information and signed documents that were previously drafted by our employees, our lawyers proceeded to the registration of the representative office. The most time-consuming stage of the procedure is the registration of the representative office at the Ministry of Economic Development and Trade of Ukraine. It is interesting to note that there is no time limits stipulated by the law of Ukraine for the document processing by the Ministry. However, the law provides that the certificate of the representative office registration shall be issued no later than within sixty (60) working days after payment of the state fee. Therefore, we advised the Client to pay the state fee in advance so that we could submit the payment confirmation together with the main package of documents for registration. Thus, the confirmation of the state fee payment guarantees that the document processing time will not exceed sixty working days.
Due to the fact that our lawyers have extensive experience in registering representative offices, and always agree on all draft documents with the Ministry of Economic Development and Trade of Ukraine just prior to signing them, the certificate of registration was issued within a month and a half. This means the Client obtained the certificate of registration in about thirty working days after the documents were submitted to the Ministry. It’s almost half less than the maximum processing time stipulated by law.
Registration at the State Statistics Service of Ukraine and the State Fiscal Service of Ukraine took another three working days. Once that was done the representative office of the American company could legally start its business activity in Ukraine. Two weeks after receiving the representative office registration certificate, foreign workers’ work cards were waiting for their owners in the Ministry of Economic Development and Trade of Ukraine. Our lawyers cannot receive them on behalf of the parent company under the power of attorney, as these are identity documents. Therefore, the cards shall be obtained personally by those individuals (foreign workers) to whom they are issued, or by their representatives acting under a notarized power of attorney granted by each individual, but not the company. Although this issue is not stipulated by the current legislation, we informed the Client in advance that it is commonly practiced at the Ministry of Economic Development and Trade of Ukraine. The Client did not prepare power of attorneys from each employee, as each of them was ready to come to Ukraine and work there right after the registration of the representative office. Therefore, all the workers agreed upon the time with our English-speaking lawyer to visit the Ministry of Economic Development and get their work cards personally.
The Client was greatly pleased to receive such prompt and professional services, as well as to enter the Ukrainian market sooner than expected. And we are always glad to exceed our Clients’ expectations.
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