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Register investments

Concepts
Investment Deposit - Means that a foreign investor to obtain interest placed on deposit with an authorized bank on the basis of a prisoner in written contract of bank deposit for a period of not less than one year without the right of early termination of this contract;
Investment Account - The current account in foreign currency and / or in UAH, an open non-resident investor (corporate or individual) in the authorized bank in Ukraine (hereinafter - the authorized bank) in accordance with the requirements of Chapter 16 of the Regulations on the procedure for opening and closing of accounts in national and foreign currencies approved by Resolution of the Board of the National Bank of Ukraine 12.11.2003 N 492, and registered with the Ministry of Justice of Ukraine 17.12.2003 for N 1172/8493, as amended (hereinafter - Regulations), to carry out investment activities in Ukraine, as well as for the return of foreign investment and profits, revenues and other funds received by a foreign investor from the investment activity in Ukraine;
  Foreign investors - Persons who conduct investment activities on the territory of Ukraine (legal entities established in accordance with the law other than legislation Ukraine;
Individuals - Foreigners who have permanent residence in the territory of Ukraine and not limited in capacity; foreign states, international governmental organizations, other foreign entities investing activities, which are recognized as such in accordance the legislation of Ukraine;
Facility investment - Any property, including fixed assets, tangible and intangible assets, corporate law, securities and their derivatives, other property law, investing in are not prohibited by the legislation of Ukraine;
Portfolio investment - Operation, which involves the acquisition of securities, their derivatives and other financial assets for the funds in the stock market;
Current account of the resident - An account in foreign currency and / or in UAH, open bank authorized person or entity;
Direct investment - Operation, which involves the acquisition of objects of immovable and movable property and associated property rights, as well as making money and property in the authorized capital (share capital) entity, in exchange for corporate rights, issued by this entity;
Securities trader - Resident, who was licensed by the State Commission on Securities and Stock Market to professional activity on securities market namely, work on the production and circulation of securities under the laws of Ukraine, which regulates the production and circulation of securities, and general licensed by the National Bank of Ukraine on the implementation of currency transactions in the currency legislation of Ukraine.
Basics
For foreign investors in the territory of Ukraine is established by the national regime of investment and other economic activities, except as provided by Ukrainian law and international treaties of Ukraine.
If further special legislation of Ukraine on foreign investments will vary safeguards to protect foreign investments, for ten years from the date of entry into force of such legislation at the request of a foreign investor applies the state guarantees the protection of foreign investment.
Foreign investment in Ukraine will not be nationalized. Public authorities have no right to requisition foreign investment, except cases of rescue in case of natural disasters, accidents, epidemics, epizootics. The said requisition can be carried out on Based on decisions of the bodies authorized by the Cabinet of Ministers of Ukraine.
Foreign investors are entitled to damages, including lost profit and moral damage caused to them owing to actions, inactivity or improper implementation of the state bodies of Ukraine or their officials of statutory duties on foreign investor or an enterprise with foreign investment, in accordance with Ukrainian legislation.
All costs and losses incurred by foreign investors must be compensated at current market prices and / or reasonable estimates, confirmed auditor or audit firm.
Compensation is payable to a foreign investor must be prompt, adequate and effective. Compensation is payable to a foreign investor is determined at the time of termination of ownership.
Compensation is payable to a foreign investor is determined at the time of the actual decision on damages. The amount of compensation be paid in the currency in which the investments were, or in any other acceptable currency for foreign investors in accordance with Ukrainian legislation. Since the beginning of the right to compensation and the time of its payment in the amount of compensation accrued interest under with an average interest rate at which London banks lend to first-class banks in the Eurocurrency market.
In the event of termination of investment activity, the foreign investor has the right to return no later than six months from the date of termination of this activity their investment in kind or in currency investments in the amount of actual payment (taking into account the possible reduction of authorized capital) without payment customs duties, as well as income from these investments in money or goods, for the actual market value at the time of termination of investment activities, unless stipulated otherwise by laws or international treaties of Ukraine.
Foreign investors after taxes, fees and other obligatory payments are guaranteed free and immediate transfer abroad of their profits, income and other funds in foreign currency obtained legally because of foreign investment.
Unregistered foreign investments do not give the right to receive benefits and guarantees.
Property imported into Ukraine as a contribution of the foreign investor's share of enterprises with foreign investments (except for goods for sale or own consumption), exempt from customs duties .
Thus, the customs authorities shall permit such property to the territory of Ukraine on the basis of a promissory note issued by the company in the amount duty with a deferred payment of not more than 30 calendar days from the date of registration of the import cargo customs declaration.
Bill is paid off and import customs duty is not payable if during the period, which provides a deferred payment, said property enrolled on the balance sheet and tax inspection at the location of the company made a mark on it on the copy of the bill.
Foreign investment in Ukraine in the form of money made by foreign investors in the form of foreign currency, which recognizes a freely convertible, widely used for payments in international transactions, sold in major currency markets around the world and are allowed to invest in Ukraine.
The authorized bank shall, in accordance with Ukrainian legislation credited for the current account of the resident, the investment account of foreign currency transferred from abroad by a foreign investor for the implementation of foreign investment in Ukraine, exclusively through a distribution account. Timeline accounting of funds in foreign currency at a switching account of the legal persons - non-resident investor can not exceed 5 working days.
Authorized bank account for funds from foreign investors - foreign banks using balance sheet account 1602 "Float other Banks' Plan of Accounts of banks of Ukraine.
Supervision of residents and non-currency transactions connected with investment activity in Ukraine, is vested in the authorized banks.
Payments for investment objects are made exclusively through the accounts opened with authorized banks.
A foreign investor has the right to place an investment deposit in foreign currency on the basis of contract with the authorized bank in writing form of bank deposit agreement.
A foreign investor has the right to transfer funds in foreign currency for the investment contribution from the investment account or from their own accounts abroad.
Compliance with the written form of the contract is a prerequisite relationship between the designated bank and a foreign investor.
A foreign investor is calculated for the object of investment within 30 calendar days from the date of enrollment at the expense of investment purchased for foreign currency funds in national currency.
If you can not meet the deadline means in UAH, which have been purchased and not used for investment, authorized bank sells for foreign currency, which can be provided in the contract for servicing the account.
The authorized bank shall transfer the purchased foreign currency in an investment account not later than within 2 business days from the date of enrollment corresponding amount to the correspondent account of the authorized bank.
Foreign investor has the right to transfer foreign currency from an investment account for the current account of the resident to pay for facility investment without an individual license of the National Bank of Ukraine on the use of foreign currency on the territory of Ukraine as a means of payment.
Foreign investors and residents to carry out in Ukraine's overall investment activities without creating a legal person shall be entitled to transfer funds in foreign currency only for the current account opened with an authorized bank for the conduct of general investment activity, without individual license of the National Bank of Ukraine on the use of foreign currency on the territory of Ukraine as a means of payment.
Foreign investors and residents who carry out the overall investment activities, have the right to conduct transactions with residents in UAH the territory of Ukraine for the goods (works, services) without an individual license of the National Bank of Ukraine on the settlements between residents and nonresidents in border trade in the currency of Ukraine.
Use the resident or a foreign investor of foreign currency accounts of the general activities on the territory of Ukraine as a means of payment requires an individual license of the National Bank of Ukraine the use of foreign currency on the territory of Ukraine as a means of payment.
Not allowed to transfer money abroad, in Ukraine from the general account investment activities with the aim of investing in other countries.
Order the return of foreign investment, as well as profits, revenues, other funds received by foreign investors from investing activities Ukraine.
The return of foreign investment, as well as profits, revenues and other funds received by a foreign investor from the investment activity in Ukraine, carried:
- Resident of the current account in foreign currency by direct investment by foreign investors in the foreign bank if the foreign investment came directly on the current account of the resident;
- Resident of the current account in foreign currency by direct investment by foreign investment investor in the authorized bank if the foreign investment came in the investment account;
- Resident of the current account in UAH according to the direct investment in an investment account for a foreign investor further reinvestment in Ukraine;
- A trader from the current account in foreign currency portfolio investments by foreign investors in foreign bank if the foreign investment came directly on the current account of the merchant;
- A trader from the current account in foreign currency portfolio investments in an investment account in a foreign currency of the foreign investor, if of foreign investment in the investment account;
- A trader from the current account in UAH according to the portfolio investment in an investment account in national currency foreign investor in the authorized bank for further reinvestment in Ukraine;
- A foreign investor from the investment accounts in UAH and foreign currency for the direct or portfolio investment in an investment account of another foreign investor in UAH and foreign currencies, open to authorized banks, with the aim of payments for facility investments in Ukraine;
- A foreign investor or resident on the basis of power of attorney of a foreign investor, is made in accordance with Ukrainian legislation, the current accounts of non-resident person in an authorized bank cash in foreign currency and UAH, if foreign investment has been paid in cash.
Purchase of foreign currency to the return of foreign investment, as well as profits, revenues and other funds received by a foreign investor from investment activity in Ukraine, carried out in accordance with the requirements of the Rules of Forex trading.
Resident has the right to transfer foreign currency to an investment by a foreign investor without an individual license of the National Bank of Ukraine the use of foreign currency on the territory of Ukraine as a means of payment in the event of return of foreign investment, as well as profits, revenues other funds received by a foreign investor from the investment activity in Ukraine.
Resident has the right to transfer the money in UAH per property investment on the investment by a foreign investor in the event of liquidation enterprise.
Resident of the current account and a foreign investor from the investment account have the right to transfer foreign currency for investment object to account foreign investors in foreign banks without an individual license of the National Bank of Ukraine to export, transfer and forward foreign currency outside Ukraine values (except in cases stipulated by the legislation of Ukraine).
A foreign investor is entitled to full or partial return of funds to property investment, including those carried out by of the overall investment activities without creating a legal entity, unless otherwise stipulated by international agreements, consent to be bound which set the Verkhovna Rada of Ukraine.
Confirmation of the value of property of foreign investment is a report on the assessment of the property (appraisal report of property), compiled by a subject of evaluation activities at the time of introduction of foreign investment.
The authorized bank shall transfer abroad of profits, revenues and other funds received by a foreign investor as a result of investment on the basis of a duly certified copy of the certificate of tax paid by the Authority of the foreign investor in Ukraine Tax profit (income) or legalized certificates (or notarized copy) issued by the competent authority of the country, some international Ukrainian treaty on avoidance of double taxation, which confirms that the non-resident is a resident of the country, which has concluded an international agreement on avoidance of double taxation of income.
Legalization of documents is not needed if an international treaty to which Ukraine has not provided the procedure of legalization of documents issued outside Ukraine.
Copies of certificates submitted by non-residents in accordance with the requirements of the order of the State Tax Administration of Ukraine and the Cabinet of Ministers Ukraine.
Authorized bank during the transfer abroad of profits, revenues and other funds received by a foreign investor as a result of calculations for the object investment with other foreign investors, guided by the Procedure for income tax to the source of their origin from Ukraine, which are paid individual - non-resident by another non-resident.
Resident transfers to a foreign investor foreign currency from Ukraine from the general account investment activities without individual license National Bank of Ukraine to export, transfer and forwarding the territory of Ukraine currency values.
The authorized bank shall be entitled to six months of the date of the foreign investor in the bank for the purchase and / or transfer of foreign currency from the territory of Ukraine without an extract (information) Bank of actual receipt of funds in Ukraine, which had been invested in their facilities investment in Ukraine, ask for information about such foreign investors to the relevant government authorities, which carry supervision and / or control of the foreign investor.

 

 

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