The creation of an enterprise in Ukraine can be conditionally divided into two stages. The first is to determine the necessary conditions for the creation of an enterprise and its registration.
At the first stage, the founders of the enterprise must decide on the following:
- The name of the enterprise;
- The location of the enterprise;
- The scope of the enterprise;
- The head of the enterprise;
- The size of the authorized capital and its distribution among the participants.
- Company name (LLC, enterprise)
The name of the enterprise should not coincide with the name of an existing enterprise, indicate belonging to ministries, departments, and organizations. Failure to comply with these requirements is the basis for refusal to register.
Location (legal address) – the address of the body or person who, according to the constituent documents of the legal entity or the law, act on its behalf, this is the official address of the enterprise, is used by state bodies and other participants in legal relations with the enterprise. Such premises can be either owned or rented.
The scope of activity is determined by the Classifier of Economic Activities. At the legislative level, there are no restrictions on the choice of types of economic activity.
The head of an enterprise is its executive body, a representative, a person responsible for the activities of the enterprise, whose rights and obligations are determined in the constituent documents.
The amount of the authorized capital consists of the value of the contributions of its participants and determines the minimum size of the enterprise’s property, guaranteeing the interests of creditors. It can be formed at the expense of money or property.
The next stage is the registration of a legal entity. This requires the following documents:
- Minutes of the general meeting of founders on the establishment.
- Enterprise charter.
- Completed registration card No. 1;
- Proof of payment of the state registration fee.
According to this package of documents, the state registrar, in the absence of conditions for refusing to register a legal entity, makes an appropriate registration entry, based on which an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs is issued.
If you decide to open a company in Kyiv on your own, then for this you need to prepare a package of documents and submit them to the state registrar. They can be carried to the institution by the founder himself or his representative. It is also possible to send all the documentation by registered mail, but for it to be accepted for consideration, it is necessary to notarize all the signatures of the founder. Besides, you will have to draw up a detailed inventory of all attachments.
So, to open a company, prepare the following documents:
- Application for company registration. It should be noted here that you cannot write a statement on a regular piece of paper. Today there are special government-approved forms that you must fill out. Sample forms can be found on the Internet, but when downloading, be sure to make sure that this is a new form, otherwise, your application will simply not be accepted. Perhaps in the reception at the receptionist, you can also find the necessary forms, as well as a sample of how to fill them out, but you should not hope for this, so it is better to take care of this in advance.
- The decision of the meeting of founders to open a company. It is advisable to submit the original of the document, but if you decide to provide a copy, then it must be notarized.
- If you have developed your Charter for opening a company in Kyiv, then you must present its original.
Registration of a representative office of a foreign company in Ukraine has its advantages. The main ones are:
- obtaining an official status on the territory of Ukraine for a foreign legal entity and foreigners – employees of a representative office (card with a photo);
- opening accounts of type “N” or “P” in authorized Ukrainian banks;
- registration in the traffic police of cars with “representative” numbers;
- obtaining visa support from the Ministry of Foreign Affairs – single-entry and multiple-entry visas for the cooperation of the mission and their family members, invitations for foreigners;
Compared to Ukrainian resident enterprises, representative offices also have the following benefits:
- foreign exchange earnings are not subject to mandatory conversion;
- wages to resident employees can be paid in foreign currency;
funds from the import of goods and services received on the account of the representative office can be transferred outside Ukraine;