New order of foreign investments registration procedure

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March 2013

The Cabinet of Ministers of Ukraine approved order of foreign investments registration procedure (hereinafter - the Order) in Decree dated 03/06/2013 №139.

Startingon 05/15/2010 this procedure is not obligatory. However, according to article 13 of the Law of Ukraine ‘’On foreign investment’’, non-registered foreign investments do not give right to obtain guarantees and benefits, which are prescribed by the Law.

The Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol state administrations implement procedure of state registration (re-registration) and cancellation of foreign investments. Registration period is seven days.

With registration purpose, foreign investor files such documents:

-          three copies of informational letter in determined form;

-          documents which prove the form of foreign investments (constituent documents; cooperation contracts; investment contracts and other agreements);

-          documents that prove the value of foreign investments.

New Order also focuses on procedure of re-registration. Re-registration shall be used in case if an investor sold or otherwise transferred corporate rights of Ukrainian company to another non-resident individual. Thus, the Order specifies provisions of the Law of Ukraine dated May 24, 2012  №4835-VI.