The Arsenal of your possibilities! Українською in English

tel./fax: + (38 044) 285 07 77
+ (38 044) 285 08 77

About us Structure Our scientific activity Guestbook Contacts Site map
In what order are the state registration of agreements (contracts) on joint investment activities without creating a legal entity?

How can you register agreements (contracts) on joint investing without creating a legal entity?

(Explanation for the procedure of the state registration of contracts on joint investment activity without creating a legal entity )

According to paragraph 3 of Article 24 of the Law of Ukraine ON THE REGIME OF FOREIGN INVESTMENT, agreements (hereinafter the Contracts) on joint investing activity, which do not involve creation of a legal entity, shall be registered within deadlines and in order established by the Cabinet of Ministers of Ukraine.

Legal order of the Contract registration shall be fixed by the Instruction on the State Registration of Agreements (Contracts) on Joint Investing Activity, approved by the Resolution N112 of the Cabinet of Ministers of Ukraine dated the 30th January 1997.

The Instruction shall determine the document procedure, consideration and state registration of the agreements (Contracts) on cooperation, joint venture and other types of foreign investing.

The following Contracts legally concluded by subjects of foreign-economic activity and with the assistance of a foreign investor shall be subject to the state registration: contracts on cooperation, contracts on joint venture and other types of joint investing without creating a legal entity.

The contracts shall be registered by the Ministry of Economics and European integration of Ukraine as well as by its authorized bodies.

In accordance with Clause 5 of the Instruction, for state registration of the Contract, a subject of foreign economic activity of Ukraine (the party of the Contract that is authorized to run participants’ joint business) or his authorized person shall submit the following documents:

• Application for the state registration of the Contract;

• Information card of the Contract in form fixed by the Ministry of Economics and European integration of Ukraine;

• Contract (original and copy) attested in accordance with the established procedure;

• Attested copies of the constituent instruments and his registration certificate of business entity;

• Documents certifying the registration (creation) of a foreign legal entity (non-resident) in its native country (extract from the trade, banking or court register, etc.). These documents should be attested in accordance with the law of their issue, translated into Ukraine and duly legalized in the consulate of Ukraine unless otherwise established by international agreements of Ukraine. The mentioned documents could be also attested in the relevant foreign embassy in Ukraine and duly legalized in the Ministry of Foreign Affairs;

• License if it is required under the agreement (the Contract);

• Confirmation of payment for the state registration of the Contract.

On examining, original contracts shall be given back to the subject of foreign economic activity submitting the application for the state registration.

If necessary, a state authority may require other documents concerning the purposes, business terms, information on the parties’ capability to fulfill the Contract as well as its conformity to the legislation.

A subject of foreign economic activity of Ukraine shall be responsible for data adequacy in the documents submitted for the state registration of the Contract.

The State Registration Authority shall examine submitted documents (in accordance with Clause 5 of the Instruction) within 20 calendar days of the date of registration in the log book of state registration of Contracts. On examining, the authority shall permit the registration of the Contract or refuse it. (see Clause 7 of the Instruction).

The state registration of the Contracts could be refused in the following cases:

• if contract terms don’t correspond to the legislation of Ukraine;

• if under Article 37 of the Law of Ukraine ON THE FOREIGN ECONOMIC ACTIVITY, the certain sanctions have been applied to the subject of foreign economic activity of Ukraine – an applicant for registration of the Contract;

• if joint activity under the Contract shall be forbidden under the Law of Ukraine.

Refusal of registration of the Contract should be duly legalized in writing, with the reasons of refusal and could be judicially contested (Clause 9 of the Instruction). The state registration of the Contract shall be conformed by the following documents:

• Registration card of the Contract in certain form and filled in accordance with the procedure established by the Ministry of Economics and European integration of Ukraine;

• Special note of the state registration in the contract.

One copy of the registration card of the Contract and a copy of the Contract shall be kept by the State Registration Authority.

The registration card of the Contract shall be given to a subject of foreign economic activity of Ukraine in three copies. The subject shall submit the first copy of the card to the custom authority for custom clearance, second must be given to the State Tax Administration at the Ukrainian subject’s of foreign economic activity place of location and the third one shall be kept by the subject himself. (see Clause 8 of the Instruction).

About us Structure Our scientific activity Guestbook Contacts Site map
Контакы Nemirovich-Danchenko str., 14/13,
Kyiv, Ukraine 01133
tel./fax:  + (38 044) 285 07 77
+ (38 044) 285 08 77

E-mail: general@arsenal-lf.com.ua
© law firm «Arsenal», 1996-2018
Розроблено у «White Studio»