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What is the procedure for registration of foreign investments?

How can you register foreign investments in Ukraine?

(Explanation for the procedure of registration)

Foreign investments in Ukraine shall be registered in accordance with the Law of Ukraine ON THE REGIME OF FOREIGN INVESTMENTS dated the 19th March 1999 and the Instruction on the state registration of foreign investments approved by Regulation N 928 of the Cabinet of Ministers of Ukraine dated the 7th August 1996.

Under Article 13 of the law of Ukraine ON THE REGIME OF FOREIGN INVESTMENTS, Government of the Autonomous Republic of the Crimea, Regional Administrations, Kiyv and Sevastopol City Councils shall register foreign investments within 3 working days of the date of their actual putting up in accordance with the procedure set out by the Cabinet of Ministers of Ukraine.

Un-registered foreign investments do not entitle to the benefits and guarantees provided by the Law.

As evident from the abovementioned provisions of the Law, an investor could receive the appropriate benefits and guarantees in case of registration of foreign investments only.

In accordance with Clause 3 of the Instruction on the state registration of foreign investments, a foreign investor of his authorized person shall submit a documentation package to the Public Registration authority. These documents are as follows:

• notification on the foreign investing in triplicate, which is filled in compliance with Appendixes 1 and 2 to the present Instruction, with the check of the State Tax Inspection right on the spot of actual investing;

• documents confirming the foreign investment (founding documents, agreements (contracts) for cooperation, joint production, other types of shared investment, concession, etc.).

• documents confirming the value of a foreign investment (under requirements of Article 2 of the Law of Ukraine ON THE REGIME OF FOREIGN INVESTMENTS);

• document attesting the applicant’s payment for registration.

 

The Public registration authorities shall fix the delivery date of documents in the logbook of State registration of foreign investments and within three days of this date, examine the documents and take a decision on the registration of foreign investment then or on refusal of one (Clause 4 of the Instruction).

You can meet with the refusal of registration only if the foreign investments contrary to Ukrainian legislation or submitted documents do not correspond to the requirements of the Instruction. Refusal motivated by its inexpediency is not allowed.

Refusal of state registration must be drawn up in written form with denoted reasons. The refusal can be contested in the Court of Law (Clause 9 of Provision).

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