Investment Registration Procedure

The foreign investment should be registered with the regional (oblast) state administration, the state administration of the Cities of Kyiv or Sevastopol, or the government of the Autonomous Republic of Crimea. In order to have a foreign investment registered, an investor or its authorized representative is required to submit to the following documents to the relevant registration body: an informational notification of the foreign investment confirmed by the local state tax administration; documents certifying the form of the foreign investment (e.g. copies of the constituent documents of the Ukrainian company or a copy of a joint activity agreement); documents evidencing the value of the foreign investment; and documents evidencing the payment of the state registration fee.

In the event of a dispute arising with respect to a foreign investment, a foreign investor may seek recourse through a number of institutions. As a general matter, the Foreign Investment Law provides that a dispute arising between a foreign investor and the state of Ukraine must be settled in the Ukrainian courts, unless otherwise provided by international treaties, while all other disputes involving a foreign investor must be settled in the Ukrainian courts or in courts of arbitration (including international arbitration courts). Corruption continues to lie at the heart of many investor disputes. Laws and regulations are vague, with considerable room for interpretation, providing officials at every bureaucratic layer ample opportunities for corruption. Foreign investors are often seen as competitors to local firms and their government “sponsors”.

Words you may need:

ample opportunities – достатні можливості

to submit – представляти

evidence – очевидність

сonstituent – склад

investor disputes – дискусії інвесторів

vague – смутний

international treaties – міжнародні угоди

providing officials – забезпечення посадових осіб

relevant registration body – підходящий орган реєстрації

I. Choose the correct answer:

1. Ukraine has modern and up-to-date:

а) investment legislation in line with international standards;

b) international treaties;

с) international treaties.

2. Ukraine has extensive:

а) number of institutions;

в) well-developed infrastructure;

с) investor disputes.

3. The foreign investment should be:

а) confirmed by the local state;

в) relevant registration body;

с) registered with the regional (oblast) state administration.

II. Match what statements are true and what are false:

1. Ukraine has modern and up-to-date investment legislation in line with international standards.

2. Ukrainian soil is not the richest in the world.

3. Ukraine has very tender and agro-friendly climate.

4. Ukraine is not a net exporter of electricity.

5. Ukrainian income and corporate taxes are not the lowest in Europe.

6. Ukraine enjoys very favourable location.

7. Ukrainian economy is steadily growing up to 9 % from year-to-year.

8. Corruption continues to lie at the heart of many investor disputes.

9. Сurrent Ukrainian legislation provides for the establishment of free economic zones.

UNIT 3