Registration (opening) of the company in Ukraine
Welcome to Ukraine conducts the registration of enterprises in Kiev, Lvov, Dnieper, Odessa, Kherson and other cities of Ukraine, the opening of enterprises with foreign investments, including 100% of the capital of foreign companies.
Our specialists have extensive experience and in depth knowledge of the nuances that relate both to the establishment of enterprises by non residents and their business operations in Ukraine, which allows our clients to start their business effectively and avoid possible problems with the registration authorities, to correctly determine the tax policy.
We provide a range of services for the preparation of constituent documents, their submission to the state registration authorities. We give recommendations when choosing banks and open current accounts in national and foreign currencies, assist in the manufacture of printing and so on.
The choice of the legal form of the enterprise in Ukraine
In Ukraine, when establishing enterprises, both residents and nonresidents (enterprises with foreign capital), as a rule, choose the organizational and legal form-Limited Liability Company (LLC). This form of enterprise, being relatively regulated by the legislation of Ukraine, allows solving all the main tasks of a foreign founder (carrying out business activities on the territory of Ukraine through a controlled enterprise or with the participation of partners from Ukraine, the possibility of receiving and repatriating profits, the lack of responsibility of a foreign founder for the debts of the established enterprise, and t .) and does not provide for additional formalities related to the issuance of shares and complex reporting, as in joint stock companies.
For individuals - founders who are not citizens of Ukraine, it is also required to obtain a Ukrainian TIN (individual tax number) in advance, and after receiving it, it is possible to register the company and open a bank account.
The choice of the form of a Private Joint Stock Company, as a rule, attracts the transfer of rights to an enterprise (shares), which is simpler than an LLC. In LLC, a share in the statutory fund is transferred with the consent of other participants - by amending the statutory documents, at a time when this is not required in a joint-stock company, and the transfer of rights to an enterprise occurs through the alienation of shares.
When choosing the legal form, sometimes the question is raised about the possibility of registering the Public Joint Stock Company (PJSC). It should be borne in mind that the time period for creating a Public Joint Stock Company is at least 7-8 months. Acceleration is impossible (the law provides for a 6-month subscription term for shares after the publication of information in the press about the intention to create a private limited company). The most important advantage of the Public Joint Stock Company is the possibility of stock quotes on the stock exchange.
In all the above forms of enterprises in Ukraine, the founders (participants, shareholders, owners) are not responsible for the obligations of the enterprise.
Other (much less common) legal forms of legal entities in Ukraine:
- full society;
- limited partnership;
- additional liability company - enterprises (companies) in which the participants are fully and / or partially (depending on the type of company) are responsible for the debts of the company;
- Consumer society is a long standing type of legal entity, but not clearly regulated by law. Law of Ukraine "On Consumer Cooperatives";
- subsidiary - a subsidiary, as a form of enterprise, is not explicitly provided by law. However, subsidiaries in some regions of Ukraine are actually registered;
- production cooperative is a new (provided after January 1, 2004) type of enterprise. Provides for the integration of property and labor participation of members of the cooperative;
- other types of enterprises (state enterprise, public organization enterprise, etc.).
The order of their creation does not provide for the possibility of their creation by the founders - physical or ordinary legal entities.
Authorized capital (fund) for LLC or PE
The minimum authorized capital for a private enterprise (PE) and a limited liability company (LLC) is not legally established. We recommend when planning its size it is recommended to calculate the costs of maintaining the company, including the payment of wages, taxes, etc. to the exit of economic activity of the enterprise to the break-even point.
Date of registration of a new enterprise
Depending on the region of Ukraine -1- 3 working days from the moment of signing the documents at the notary, providing all the necessary documents and payment for the service.
The director at the time of registration can only be a citizen of Ukraine, the presence of an accountant is optional. In the future, if the founders want the enterprise to be managed by a foreigner, it is necessary to obtain an appropriate work permit.
In cases of necessity, our company provides the services of a nominal director!
The legal address of the enterprise may be the place of residence of the founder or non-residential fund leased to the ownership.
If necessary, our company provides a reliable legal address!