Work permit for non-resident is required to occupy any position in company, including director of his/her own company. Please, note that to become a founder of company no permit is needed and founders (stakeholders) of company are the main body of company, taking decision on appointment and dismissal of director. We talk about the most popular form of company in Ukraine – LLC.
In this Article we consider the most important recommendations for those customers who hired Ukrainian staff to develop software or other IT-related programs with respect to Intellectual Property protection.
High-Tech Ukraine Report 2015. Article by Kateryna Timchenko, Managing Partner and lawyer at law firm Laudis
Examination of the National Bank of Ukraine (NBU) is required for non-commodity import contracts if the amount of the contract is equal to or greater than EUR 25,000.
According to NBU Resolution No. 161 dated 03.03.2015 the amount that can be used to pay for services, works and intellectual property rights under import contracts of without the Cost Examination Certificate has been reduced from EUR 50,000 to 25,000 (or its equivalent in other currency).
Any payments overseas in foreign currency in excess of USD 50,000 require permission of the NBU and tax clearance certificate.
This article refers not only to multinational enterprises, which are the subject of international regulations on transfer pricing, but also to any Ukrainian entity which has income more than UAH 2 000 000 (as of today less than USD 200 000) per calendar year and have transactions with foreign companies.
The transfer pricing regulations shall apply to "Controlled operations" which mostly include operations with "Associated enterprises". Those terms are to be explained below in accordance with current legislation of Ukraine, adopted December 28, 2014 and effective from 1st of January 2015.
Bellow you can find the list of documents to set up a company by non-resident. Please, note that points 1-3 referrer to foreign legal entities founding the company in Ukraine. If the founder is a foreigner individual, instead of that documents he/she would need to provide duly legalized (or appostilled or just notarized, depending of the origin country) Power or Attorney or to be presented personally in Ukraine to sign statutory and other documents of the company at notary.
IT business operation model, by which software developers are engaged as private entrepreneurs, is the most tax-effective and tax-beneficial in Ukraine. The companies, engaging software developers, take up the registration process and keep records of their operations with developers as private entrepreneurs.
In Ukraine, as contrasted with Western jurisdictions, exclusive rights on trademark arise not from the use of trademark, but since the filing the application for registration of TM.Therefore, planning a long-term business in Ukraine it is better to protect it by registering trademark