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Investments are focused on each country, regardless of the stage of its economic development. In the grand scheme of things, any investor is a kind of “donor” who can stimulate further development of one or another economic sector. On the other hand, a skin-loving person who wanted to direct her material and intellectual power for the benefit of another country, if only for her mother’s guarantee. First of all, we hope that the investment will be directed directly to the address and will bring you a stable income throughout the year. In addition, it is possible to reserve for itself the right to make any investment, and the country may guarantee a similar right.

All this is possible with one mind: if the investment has been officially registered. How is this process carried out in Ukraine, and why is investment registration a procedure in which the investor is expected to pay us?

Investment registration: nuances of the procedure

Registration of foreign investments in Ukraine is regulated by the Law “On the Regime of Foreign Investment” (1996) and by-laws that amend the Regulations on the procedure for maintaining foreign investments (Resolution of the Cabinet of Ministers of Ukraine No. 928 dated 08/07/1996). Law No. 1390-VIII (2016) limited the state registration of obligations and introduced the declarative principle of investment. Now the procedure can be completed voluntarily: in this case, the investor submits the necessary documents to the authorized body and receives confirmation of registration.

Basic stages of the procedure

• Preparation and submission of documents: the investor (or a designated person) prepares a package of documents and submits them to the registration authority. The package should include: a sheet with instructions about registration; information about the introduction of foreign investments (in three examples, following the standard form) with a traffic police stamp about the actual payment of funds/mine; Confirmed copies of the establishment documents of the enterprise (statute, establishment agreement, certificate of retention, completion of the EDRPOU) and agreements on joint activity (such as investment – statutory capital or through an agreement); documents that confirm the investment amount (bank payment orders, contracts, appraisals, etc.); payment documents about payment of the sovereign tax (state registration fee); for consumption – the representative’s power of attorney is notarized.
• Review of documents: the regulatory authority (usually the regional/city administration) fixes the date of receipt and within 3 working days checks the set of documents. Whenever possible, the investment is registered; In case of uncertainty or inaccuracy of legislation, the investment may be withdrawn with written notification of the reasons.
• Assignment of a registration number: if the decision is positive, the information about the investment is numbered with a registration number and is confirmed by the signature of the authorized person and the seal of the authority registration. The first example of notification with the number is returned to the investor as confirmation of registration, the second is sent to the Ministry of Finance (to maintain the state register), the third is deprived of the department. registration. From now on, the investment must be registered (until the end of the investment project). In case of repatriation (turnover) of an investment, the investor can inform the registration authority – the register must ensure a consistent record.

Voluntary organs

• State Tax Service (DPS): put a stamp on the information notification about the actual investment. This badge is required to confirm the legality of the deposit/mine entry.
• Registration authorities: registration is carried out by the regional administration (as well as the Kiev and Sevastopol municipal administrations) – contact through their economic administration or external economic connections. For example, decisions about registration in the region are often made by the head of the economics (finance) department of the ODA. Practical assistance to investment subjects is provided by specialized departments and investments/ZED under ODA.
• Ministry of Finance: obtains another copy of the information notice, forms the centralized State Register of Investments and maintains the area of ​​investment registration. Previously, investment evidence was also available through the Ministry of Finance if the criterion was met (the cost of the procedure is limited).

Required documents

Basic documents for registering foreign investments include:

• The sheet has been submitted to the registration authority to register the fact of investment.
• Information about making an investment (3 examples, behind the form), filled with inserted data; With the attention of the state tax inspectorate about the actual payment of taxes/mine.
• Documents about the form of investment: certified copies of the statute (establishment agreement), certificate of registration of the enterprise, approval of the EDRPOU, agreements on joint activities, concession agreements, etc.
• Documents about the investment amount: bank payment orders, contracts, financial statements, appraisal acts, etc., which confirm the authenticity of the contributed assets.
• Payment documents: receipt/original payment order for payment of the deposit for registering the investment.
• Power of attorney for a representative, since the documents are not submitted by the investor himself (notarized).

Regulatory framework

• Legislation: The Law of Ukraine «On the regime of foreign investment» dated 03/19/1996 No. 93/96-VR (official) defines the principles of investment and obligations for reporting. Part of the norms for state support (section III, clauses 13–15) is covered by Law No. 1390-VIII dated May 31, 2016. Previously, the obligatory state registration was established, according to Article 395 of the Gospodarsky Code, and this norm was enforced.
• Legislative acts: The Cabinet of Ministers approved the «Regulations on the procedure for maintaining foreign investments» (Resolution No. 928/96), which regulated the procedure for submitting documents, their review, assigning a number, etc. In 2016 By Resolution of the Cabinet of Ministers of Ukraine No. 661, Resolution No. 928 formally introduced rank into law No. 1390-VIII. Nowadays, in addition to administrative regulations (registration of tax authorities, tax penalties) regulate the practical procedure for confirming the fact of making an investment and maintaining a register.
• Other acts: The Law «On Immigration» provides the necessary documents to revoke residence permits for investors, however, investment registration for whom is not required after 2016. Legislation on financial control and foreign exchange transactions (NBU penalties) regulates the flow of foreign funds. Briefly: the legal basis is the Law of 1996. and the acts associated with it, and at the same time – deprived of statistical benefits (new to Article 15 of the Law)

As you see, the algorithm is simple, but its importance is very difficult to overestimate. Let’s assume that you wanted to invest in your investments in Ukraine and opted for this procedure. In this case, you no longer rely on legal guarantees, but on fortune and the integrity of your business partners. In other words, if the investment appears nearby or your partners deceive you, the compensation procedure will not be launched, since, from a legal point of view, no capital was invested. Our registration process guarantees you continued protection of your deposits.