Business Start-Up Permits
In order to start up any business activity, the company needs to settle a number of organizational problems: to get registered, obtain necessary certificates, permits for business start-up, licenses, patents etc. The number of documents required depends on a large scale upon the type of activity the company is going to be engaged.
Before the start-up of the company’s activity, a trade patent, license (if required) and a start-up permit shall be obtained.
Permits are one of the biggest hindrances for the business development in Ukraine. The system of permits issuance at its current stage does not perform its function. Businessmen are constantly facing the ambiguous, unsettled and controversial requirements and regulations, that create possibilities for officials to pass ungrounded resolutions and obtain informal payments. [Read more]
Appeal against the Resolution of the Tax Inspection
The Tax Code of Ukraine determines the rules of appeal against the resolutions of the tax bodies.
Appeal against the resolutions of regulatory bodies — appeal by the tax-payer against the tax notification — resolution on evaluation of amounts of tax-payer’s monetary obligations or against any resolution of regulatory bodies according to the procedure and within the terms determined by this Tax Code and procedures for administrative appeal, or in court process. Thus, two options of appeal against the notification-resolution are possible: in administrative process (that is to say, to the tax inspection itself) or via the court process. [Read more]
Publishers Registration
If you decided to engage in publishing, first of all you have to start from registration of a legal entity (LLC or private company) or an individual person — entrepreneur, and after that — to register a publishing company. The latter (individual persons-entrepreneurs) are quite restricted in their rights and powers (e.g., have right to publish not more than 5 items per year), so we recommend you to register a legal entity.
The National Register of publishers, manufacturers and distributors of published matters is being kept in Ukraine according to the
Law of Ukraine «On Publishing» dated 05.06.1997, № 318/97-ВР. [Read more]
Licensing of Alcoholic Beverages and Tobacco Products Retail Trade
Obtaining a license for Alcoholic and tobacco trade and its peculiarities is regulated by the Law of Ukraine «On State Regulation of Manufacture of and Trade in Ethyl, Cognac and Fruit Alcohol, Alcoholic Beverages and Tobacco Products».
The following peculiarities shall be marked out of the other peculiarities in licensing of Alcoholic beverages and tobacco products retail trade: [Read more]
Establishing an Affiliate
Affiliate is a separate subdivision of a legal entity operating outside of such legal entity’s location and performing all its functions or a part of them, in particular, representation function.
According to the Letter of the Ministry of Justice of Ukraine dated 25.06.2002, N 21-44-819, an established affiliate is not a legal entity itself. Such subdivision may manage the property that has been assigned for its needs from the main enterprise and operates on the ground of statutory and other documents of such company. The head of the established affiliate who is appointed by the enterprise — legal entity, performs his duties on the ground of respective authorization. [Read more]
Bill of Complaint to the Commercial Court
Economic disputes shall be settled by Commercial Courts in a way of court trial of Bills of Complaint. In this case you shall write a Bill of Complaint to Commercial Court or refer to a qualified lawyer so that he/she does it professionally for you. According to the Economic Procedural Code of Ukraine (hereinafter — EPC of Ukraine), the Bill of Complaint to the Commercial Court shall be performed in written. Also, EPC of Ukraine determines certain requirements to the content of the Bill of Complaint to the Commercial Court. [Read more]
Business Sale
We often think about starting our own business but we don’t know how and who can help. Any company involves huge responsibility, not only financial one, but also legal and moral responsibility. It’s hard to get up on your feet alone, and not always things would go faultless. This is why when others are willing to run «ready» business, they search for business sale. For various reasons business owner is no longer able to keep its brainchild and is ready to hand it over to others. In most cases such companies have everything necessary: they are registered in Tax Administration, yield a stable profit, are duly formalized, the rent for premises is paid, books are being kept regularly and accurately. [Read more]
Amending the Statutory Documents
The issue of adopting and approving amendments to LLC’s Articles of Association is described in details in the Civil Code of Ukraine as well as in the Law of Ukraine «On Business Associations». As soon as lately the only statutory document of any LLC has been made the Articles of Association, this publication will analyze the procedure of amending LLC’s Articles of Association as well as registration of amendments.
According to the articles 41 and 59 of the Law of Ukraine «On Business Associations» and article 145 of the Civil Code, amending the LLC’s Articles of Association is the issue within the jurisdiction of the Highest management body which is the Meetings of its Participants. Decision on this issue can not be delegated to other LLC’s management bodies. [Read more]
LLC registration in Ukraine
Our company offers legal advice concerning the issues related to registration of business enterprises in Ukraine. We provide legal services in corporate law dealing in separate with all stages of foundation, state registration in Ukraine, creation, legalization of enterprises, companies, firms and other legal entities (LLC) in Ukraine and particularly in the city and region. [Read more]
Lending to Ukrainian companies
Loans from non-residents to Ukrainian companies
Reliable way for Ukrainian companies to attract additional funds with a small interest rate when banks do not issue credits or issue with draconian rate – is a loan from non-residents.
When drafting loan agreement, please note that National Bank of Ukraine (hereinafter – NBU) in its decision from 8.3.2004 № 363 “On the interest rate on external borrowings resident” defined maximum interest rate (for fixed interest rate): [Read more]