8
LEGISLATION ABOUT INVESTMENT ACTIVITY IN UKRAINE 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine “On foreign investments”. 5. Resolution of the Board of NBU “On approval of the Instruction on issuing of individual licensees on foreign investments”. 6. Resolution of KMU “On approval of the Regulation on issuing of individual licenses on property investments by the residents of Ukraine”.

1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

Embed Size (px)

Citation preview

Page 1: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

LEGISLATION ABOUT INVESTMENT ACTIVITY IN UKRAINE

1. International agreements ratified by Ukraine.2. Law of Ukraine “On international activity”.3. Law of Ukraine “On investment activity”.4. Law of Ukraine “On foreign investments”.5. Resolution of the Board of NBU “On approval of the

Instruction on issuing of individual licensees on foreign investments”.

6. Resolution of KMU “On approval of the Regulation on issuing of individual licenses on property investments by the residents of Ukraine”.

Page 2: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

INVESTMENT

Foreign investment – is exchange transaction and provides investing by subjects of investments of currency values with the profit purposes or achieving of social effect.

Investee– any kind of property, including assets, intangible assets, corporate rights, securities and derivatives thereof.

Page 3: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

TYPES OF INVESTMENTS

Movable and immovable property and other property rights;

Shares, stocks, debt obligations of the company, other securities, which confirm participation in the company’s assets;

Claims related to the investments;

Intellectual property rights (author rights, patents, design, know-how, company’s names etc.);

Any kind of right, given by the law or a contract , licenses and permits.

Page 4: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

BASIC FORMS OF INVESTMENT

Purchase of real estate

Acquisition of shares of existing

companies

Acquisition of corporate rights

of existing companies

Purchase of shares on a

stock market

Registration of representative

office

Page 5: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

BASIC STEPS OF INVESTING PROCESS

Confirmation of the legitimacy of the source of investment

A decision by the management body of the company

Search of the object of the investment

Financial and legal due diligence . Preparation of the contract

Preparation of the documents on individual license.

Obtaining of state authorities permits

Implementation (registration) of the investment

Page 6: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

NECESSARY DOCUMENTS FOR INDIVIDUAL LICENSE OF THE NBU

Application form; Original or notarized copy of the contract which is the base for

obtaining license; Documents of non-resident registration; Registration document on the part of authorized capital which is

planning to purchase by a resident; Extract from register indicating the registration in the revenue and

fees authority; Copy of a passport; Constitutive documents on the object of investments; Tax debt information; Report on expert value of the object of the investment; Information about the structure of assets of an applicant.

Page 7: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

GROUNDS FOR REFUSAL TO ISSUE INDIVIDUAL LICENSE

Absence of documents (document); Non accordance of the provided documents to

current legislation; Initiation of bankruptcy procedure against applicant; Prohibition or limitation of foreign investments by

certain countries;

Page 8: 1. International agreements ratified by Ukraine. 2. Law of Ukraine “On international activity”. 3. Law of Ukraine “On investment activity”. 4. Law of Ukraine

THANK YOU FOR ATTENTION!

Elena SukmanovaPhD in Law, МВА, attorney, Head of Legal department of State mortgage Institution