Information card

Information card

Uncategorized

on providing of administrative service “State registration of agreements (contracts) on joint investment activity with participation of a foreign investor”

According to the article 24 of Law of Ukraine “On the regime of foreign investments”, paragraph 3 of Statute on the procedure for state registration of agreements (contracts) on joint investment activity with participation of foreign investor, approved by Regulation of Cabinet of Ministers of Ukraine on January 30, 1997 No. 112 and paragraph 1 of Order of Ministry of Foreign Economic Relations and Trade of Ukraine on February 20, 1997 No. 125 “On measures of Ministry of Foreign Economic Relations and Trade of Ukraine concerning execution providing of Regulation of Cabinet of Ministers of Ukraine on January 30, 1997 No. 112” (registered with the number by 92/1896 Ministry of Justice of Ukraine on March 25, 1997), Department of Investment and Industrial Policy of Kherson Regional State Administration (hereinafter – the Department) carries out state registration of agreements (contracts) on joint investment activity with participation of a foreign investor, which were concluded between entities of foreign economic activity of Ukraine and investors – non-residents, at the territorial level.

According to the article 2 of Statute on the procedure for state registration of agreements (contracts) on joint investment activity with participation of foreign investor, approved by Regulation of Cabinet of Ministers of Ukraine on January 30, 1997 No. 112 (hereinafter – the Statute), agreements (contracts) on industrial cooperation, joint manufacturing and other types of joint investment activity, which are not related with a legal entity creation and concluded in accordance with valid legislation by entities of foreign economic activity of Ukraine with participation of a foreign investor, (hereinafter – agreements (contracts)) are subject to state registration.

State registration of agreements (contracts) is a ground for foreign investment in conformity with articles 23 and 24 of Law of Ukraine “On the regime of foreign investments”.

According to paragraph 5 of the Statute and Instruction on the procedure for state registration of agreements (contracts) on joint investment activity with participation of foreign investor approved by the Order of Ministry of Foreign Economic Relations and Trade of Ukraine on February 20, 1997 No. 125, in order to register agreement (contract) entity of foreign economic activity of Ukraine – the participant of the agreement entrusted with maintenance of joint affairs of participants or authorized person must provide following document package:

Letter of appeal to Director of Department of Investment and Industrial Policy of Kherson Regional State Administration asking to carry out state registration of the agreement (contract) in accordance with the procedure established by the law and describing all documents attached (a sample of the letter of appeal given below).

Information card of agreement (contract) on joint investment activity with the participation of a foreign investor filled in accordance with form and procedure established by Instruction on the procedure for state registration of agreements (contracts) on joint investment activity with participation of foreign investor approved by the Order of Ministry of Foreign Economic Relations and Trade of Ukraine on February 20, 1997 No. 125 (sample).

The agreement (contract) on joint investment activity with the participation of a foreign investor (original agreement and a notarized copy).

Copies of constituent documents of entity of foreign economic activity of Ukraine:

– notarized copy of constituent agreement of the enterprise;

– notarized copy of the Statute of the enterprise;

– attested in accordance with specified procedure copy of extract from Sole State Registry of Legal Entities and Natural Persons – Entrepreneurs, a copy of an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs certified in the prescribed manner;

– certified in the prescribed manner a copy of a certificate from the Unified State Register of Enterprises and Organizations of Ukraine.

Documents confirming the registration or creation of a foreign legal entity (non-resident) in the country of its location.

Such document must be a notarized copy of an extract from the commercial, banking or judicial register, indicating registration or creation of a foreign legal entity (non-resident) in the country of its location.

At the same time, such documents must be certified in accordance with the legislation of the country of their issuance, translated into Ukrainian and legalized at Ministry of foreign affairs of Ukraine, unless otherwise provided by international treaties in which Ukraine participates.

In particular, the above documents can also be certified by the embassy of the relevant state in Ukraine and legalized in the Ministry of Foreign Affairs of Ukraine.

The relevant permit or license, in accordance with the legislation of Ukraine, required by the activities stipulated by this Agreement (contract).

A notarized copy of power of attorney from the parties to the Agreement (contract), including a foreign investor, issued to a resident person entrusted with maintaining the common affairs of the participants in accordance with the Agreement (contract) for the right to represent the interests of the Parties to the Agreement (contract) in Ukraine and non-governmental institutions, organizations, etc.

A document certifying the applicant’s payment for the services of state registration of the Agreement (contract).

In accordance with clause 10 of the Regulations, a fee in amount of 6 non-taxable minimum incomes of citizens established on the date of registration is charged for the services of state registration of Agreements (Contracts).

In order to clarify the payment details for transferring funds for the services of state registration of Agreements (contracts), the applicant should directly contact the territorial bodies of the State Treasury Service of Ukraine, since settlement accounts for the corresponding budget classification code are opened in the context of cities, districts, villages and settlements of the region. If the amount is transferred by incorrect or inaccurate payment details, a long-term and problematic situation arises with their return to the owner.

In case of justified need, the Department has the right to require other documents relating to the definition of goals, conditions of activity, the ability of participants to perform this Agreement (contract), as well as its compliance with the current legislation of Ukraine.

The Department considers providing complete package of documents. In the case of completeness within twenty calendar days and Department takes the appropriate decision on the state registration of the Agreement (contract) or the refusal of registration in the following cases:

– the terms of the Agreement (contract) do not comply with the current legislation of Ukraine;

– application of the subject of foreign economic activity of Ukraine – the party to the Agreement (contract) of special sanctions, provided for by article 37 of the Law of Ukraine “On foreign economic activity”;

– ban on joint activity type of stipulated by this Agreement (contract) in accordance with the legislation of Ukraine.

It should be noted that the responsibility for the accuracy of the information contained in the documents submitted to the Department for state registration of Agreements (contracts) is borne by the subject of foreign economic activity of Ukraine – a party to the Agreement (Contract).

If the Department makes a decision on the state registration of the Agreement (contract), the applicant issues a document – “Card of the state registration of the agreement (contract) on joint investment activities with the participation of a foreign investor” in 4 copies.

In addition, during the state registration of the Agreement (contract), the Department makes a special mark on the original Agreement (contract), which indicates the state registration, and is returned to the applicant – the subject of foreign economic activity of Ukraine.

The state registration of relevant changes and additions to the Agreements (contracts) is also carried out by the Department in the above order.

Acceptance and consideration of documents for the state registration of Agreements (contracts), as well as the necessary consultative clarifications on this issue, are carried out by the specialist of the investment activity sector of the Investment and Industrial Policy Department Kherson Regional State Administration Anna Novikova (tel. +38 (0552) 22 57 68, e-mail: kherson.investoda@ukr.net, address – cabinet 138, 1 Svobody Square, Kherson City, 73003).

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