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NATALIIA KHIMCHUK: “ENTRUST YOUR BUSINESS TO PROFESSIONALS HAVING A LONG EXPERIENCE”
– How difficult is to register any foreign company’s representative office in Ukraine?
– According to Art.5 of the Law of Ukraine «On Foreign Economic Activity» any foreign business entity engaged in foreign economic activities in Ukraine has the right to open its representative offices within Ukraine.
The Legal Department of the Kyiv CCI offers its assistance in registration of foreign companies’ representative offices within Ukraine.
Our services include:
• consulting a customer on issues concerning the preparation of documents and representation registration procedures;
• registration of a representative office with the Ministry of Economic Development and Trade of Ukraine (when taking documents for registration the Ministry of Economic Development and Trade of Ukraine gives the Customer an account number for payment of state fee payable in the amount of $ 2,500);
• registration with the Statistic Agencies;
• registration with the Tax Authorities;
• assistance in obtaining permission to make seals and made seals of a representative office;
• registration of a representative office with the Pension Fund.
In order to get the above mentioned services you need to fill in and send us the application form with the following documents:
1) Application in plain-text form to the Ministry of Economic Development and Trade of Ukraine for registration of a representative office (application should contain: foreign entity name, country of origin, location, phone number, fax, city where a representative office will be opened and its prospective location (address), if will be any branch - specify cities, number of foreign nationals who will be employed by a representative office; foreign entity foundation date, legal form, number of employees, name of bank and account number, scope, purpose of foundation and scope of a representative office, information on business relations with Ukrainian partners and cooperation development prospects);
2) Extract from the Trade (Bank) Register of the country where there is located officially registered main governing body of a foreign entity;
3) Certificate issued by the bank in which there is opened an account of a foreign entity;
4) Power of Attorney to perform representative duties in Ukraine drawn up under the laws of the country where there a foreign entity is officially registered.
* The above documents shall be notarized at the place of issuance, properly legalized in Consular Offices representing the interests of Ukraine if not otherwise provided by Ukraine’s International Agreements and accompanied by their translation into Ukrainian that shall be certified by the translator’s seal.
– What futures of companies’ defence are in the International Commercial Arbitration Court at Ukrainian Chamber of Commerce and Industry?
– Execution of international contracts is not always perfect and there are situations when a contractor fails to comply with the terms of contract, so - there are grounds for going to court and, usually, need to obtain qualified legal advice.
But if your international contract contains a clause that all the disputes, differences or claims arising from this contract shall be settled in ICAC at Ukrainian CCI, any reason for concern can be postponed.
It is advisable that the arbitration clause was typical, such as the following: «All the disputes, controversies or claims arising from this agreement or in connection with it including its performance, breach, termination or invalidity shall be settled by the International Commercial Arbitration Court at Ukrainian Chamber of Commerce and Industry in accordance with its Rules».
The Legal Department of KCCI having a wide experience in trial support will assist you to prepare procedural documents and protect your interests in ICAC at Ukrainian CCI.
If you are a foreign company and you need to go to ICAC, we are ready to help you as the Legal Department of Kyiv CCI assists not only Ukrainian companies.
Also, today we actively apply the practice of our staff’s involvement to represent the interests of non-residents even in arbitration institutions outside Ukraine.
In addition to representing companies’ interests in ICAC at Ukrainian CCI the Legal Department of the Kyiv CCI defends the interests of legal entities and individuals in civil and economic cases in all the courts of Ukraine.
– What kind of assistance you provide with the execution of foreign awards in Ukraine?
– The Legal Department of the Kyiv CCI will assist to execute foreign awards in Ukraine and Ukrainian awards abroad.
If in the territory of one country awards of another country are recognized it means that these awards are entering into the same legal force that there have awards of that country which have entered into force.
Sometimes it is enough that the award was only recognized but in most cases it should be also executed, that is subject to a special procedure. Therefore, recognition of foreign award is a necessary prerequisite for its execution.
According to the norms of the Civil Code of Practice of Ukraine the question on granting permission to enforce a foreign award at the request of a plaintiff shall be settled by the court at the place of residence (stay) or location of a debtor. If the debtor has no place of residence (stay) or location in the territory of Ukraine or his residence (stay) or location is not known, the question on granting permission to enforce a foreign award shall be settled at the location of the debtor’s property in Ukraine.
Execution of Ukrainian awards abroad shall be in accordance with the International Laws and International Agreements of Ukraine on legal assistance and legal relations in civil, family and criminal cases.
We are always pleased to render assistance to you and are open to cooperation!
Phone/Fax: +38 (044) 482-04-38
e-mail: khimchuk@kiev-chamber.org.ua
www. kiev-chamber.org.ua
