Legal

Which legal structure can I choose?

Regarding legal structures for businesses in Ukraine, the following forms of companies are the most common:

Limited Liability Company (Society ohranychennoy otvetstvennostyu s)
Joint Stock Company (aktsyonernoe Society)
Private Enterprise (chastnoe predpriyatie)

Limited Liability Company

Limited Liability Company is a business entity that has share capital divided into shares, which is determined by the constituent documents, and is responsible for its obligations only to their property. Members of society who fully contribute, bear the risk of losses associated with the company's activities within their contributions.

Shareholders can be both natural as well as juridical persons
Minimum share capital equal to one minimum monthly salary, as set by the state (about 1100 UAH)
Declared share capital is to be fully contributed within one year from the date of incorporation
Liability (and possible losses) are limited to the capital invested by a shareholder
Should contain three bodies: general meeting of participants, board of directors / single director, and an audit committee
An LLC shareholder (participant) may alienate its shares in the LLC's capital to a third party
Time required for registry: 3-4 weeks
Ltd founders and participants can be both natural and legal persons, and residents and nonresidents of Ukraine.
The maximum number of participants may be 100 people.
Members of the Association are responsible within their contributions.
The authorized capital LLC is not limited.
The authorized capital of a limited liability payable by members of the partnership before the end of the first year from the date of state registration.
The current legislation does not prohibit the registration of company with one member. So you can not be afraid to open their own business if you do not need other partners.

Joint Stock Company

The company is a business entity that has share capital divided by the specified number of shares of the same face value, and is responsible for its obligations only property of the company, and shareholders bear the risk of losses associated with the activities of society, within the value of their shares except by law.

Entitled to issue shares, which are subject to registration with the National Securities and Exchange Commission
Shares may be held privately or traded publicly
The minimum share capital of a JSC is set at 1,250 minimum monthly salaries as set by the state
Ultimate authority lays with general meeting of shareholders
Day-to-day management of board of directors / sole director
Internal auditor is required
Time required for registry: 2-4 months

Private Enterprise/ Entrepreneur

A private enterprise shall be deemed an enterprise that acts on the basis of private ownership of one or more citizens, foreigners, stateless persons and its (their) work or using hired labor. A private enterprise is also acting on the basis of private ownership of a business hospodaryuvannya- legal entity.

Can either be founded by one corporate entity or an unlimited number of individuals.
Based on the private investment of one or more individuals
No minimum share capital
Relations of owners are not regulated by Ukrainian law, and can thus be regulated at the owners' discretion
(Founders (owners) of a private enterprise are liable for its obligations within the limits of their paid-up share in the authorized capital)

How do I set up a company in Ukraine?

If you decide to establish a limited liability company, everything should be done in stages.

First, you should define the company name. In order to ensure that the name of your company is unique and has no analogues, it is recommend to search on the website of the Unified State Register (http://irc.gov.ua).

After choosing a suitable stage company name, you must determine the number of participants and establish capital shares and value shares of LLC members.

The limits of the authorized capital is not regulated. It is important that founders have made their contributions to the charter capital of the company in the first year of its operations. Distributing share capital Ltd, should know that the impact on the activities of the company will have only participant (s) that have more than 60% of votes (shares).

Next you need to define a list of core activities according to NACE. For this you can use the service Statistical Office (http://kved.ukrstat.gov.ua/KVED2010/kv10_i.html).

The next step - determine the location (legal address) of the company. This may be the place of residence of a member or the actual address of the office of the company. In the second option you have to produce the state registrary office lease and a copy of documents proving ownership of the premises.

Once you successfully pass the preliminary stages and collect the necessary information should begin preparing statutory documents. You have to draw up the charter and protocol LLC general meeting of founders LLC (the decision on the establishment).

To precicely understand the above documents, or to be sure that you've prepared the papers for delivery and verify the accuracy of their shape, you can find the appropriate templates on the official website of Ivano-Frankivsk in the TSNAP (center providing administrative services) http://www.mvk.if.ua/zaginf.

Preparing and signing charters and protocol, you can proceed to the registration of LLC.

In order to register a limited liability company you need to personally present the following documents to the State registry:

a completed registration card for the state registration of legal entities (form №1);
minutes of the general meeting of members of a society, and approval of the appointment of the head;
charter (stitched and numbered) - 2 copies;
documents confirming the ownership structure of founders - legal entities that allow you to set individuals - owners of substantial participation of these entities (extract from the USR);
a document confirming registration of the founder - foreign legal entity (extract from the trade, bank or court register, legalized in establishing order);
document confirming payment of the registration fee for state registration of legal entities.

Documents submitted to verify the information contained in the registration card:

copies of passports of the leader, the participants (str.1,2 residence) and information about their identity numbers.
confirm the location of the company (rental agreement, lease, sale, etc.) and a copy of the document certifying ownership of the premises.

NB! In each region there is a Center of provision of administrative services, for example, http://www.cnap.if.ua.

In the process of registration of the LLC, you will receive the following documents:

A Statement of state registration of limited liability companies;
An Approved charter company registrar;
A Certificate from the Department of Statistics of registration in the Register of Ukrainian Enterprises;
Messages from the Pension Fund of registration Single Social Contribution payer;

After receiving the required documents you have to make the seal and open a banku.Pry opening a bank account, you will need to assure a notary bank cards with samples of signatures Director. This procedure requires the notary extract from the state register. This extract can be obtained at the Registration Chamber, by paying stamp duty and filing a request for the issuance of an extract from the USR.

This troublesome procedure of registration of your company over. After all the "nine circles of hell" and collecting the necessary documents is finished, you can safely start the activities.

Перекладач Google для компаній:Translator Toolkit For non-Ukrainians to start an enterprise in Ukraine, a form of a contractual investment vehicle is often chosen. For more information on doing business in Ukraine as a foreigner, see this Baker & McKenzie report

Starting or running a business?