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Business in Ukraine

Business Form Selection in Ukraine

When starting business, investors are interested how to do this better. In particular it concerns the business form selection. In this connection we are providing for your attention comparative characteristic of the most standard business forms such as public limited companies (Plc), joint activity and representative offices. 

  Comparison of Plc, joint activity and representative offices

Criterion for comparison      

Plc

                                                      

Joint activity                                                                                     

Representative office                            

 1

Legislative regulation

 

 

 

  

Chapter 9 of the Economic codex of Ukraine; point 4 of chapter 8 of the Civil codex of Ukraine; chapter 2 of the Law № 1576 

 

 

 

Chapter 77 of the Civil codex of Ukraine

 

 

 

 

Article 95 of the Civil codex of Ukraine

 

 

 

 

 2

Juridical status

 

 

 

Legal entity  

 

 

 

Without creating the legal entity (the Civil  codex of Ukraine, article1130, point 1)

 

 

Is not the legal entity (the Civil codex of Ukraine, article 95, point 3); doesn’t conduct commercial activity by itself (point 14 of the Instruction № 30) 
 3

Duration of business activity  

 

 

 

The term of activity is fixed, term of activity is not fixed (article 5 of the Law № 1576 )

 

 

 

The period of activity is fixed (the Civil codex of Ukraine, article 1141, point 5), without fixing termination (the Civil codex of Ukraine, article 1142, point 1)

 

Term of business activity is determined by legal entity – the founder of the representative office

 

 

 4

Size of the authorized capital  

 

 

 

 

Size of the authorized capital should not be less than 100 minimal salaries, in view of the minimal salary rate, valid at the date of foundation   the Plc (article 52 of the Law № 1576 )

 

 

Joint activity can be carried out by way of consolidation the participants’ investments (simple company) or without consolidation the participants’ investments (the Civil codex of Ukraine article 1130, point 2)  

 

Legislative requirements are absent  

 

 

 

 

 5

Authorized capital payment procedure   

  

50 % of the authorized capital should be paid prior the date of the state registration, the rest - during the following year (the   Civil codex of Ukraine, article 144, point 3)   

 -

 -

 6

Documents, serving as the ground to conduct activity (charter documents)

 

 

Charter (article 143 of the   Civil codex of Ukraine) 

 

 

 

 

Joint activity agreement, compiled in the written form (article 1131 of the   Civil codex of Ukraine)

 

 

 

Representative offices operate on the ground of statement, issued by themselves (the   Civil codex of Ukraine, article 95, point 3)

 

 

 7 Possible founders (participants)   Either individuals or legal entities   Either individuals or legal entities   Only the legal entity which created its representative office
 8

Number of founders (participants)  

 

 

Minimal number – 1 person (the CCU, art. 41, p. 2), maximal number (the CCU, art. 141, p. 1). Question is not legally arranged (p. 7 of the State Entrepreneurship    Committee’s letter № 1022 of February, 20 2007  Not fewer than 2 persons (as the agreement can be compiled between two ore more persons)

 

 

Only the legal entity which created its representative office

 

 

 9 Comparison of pure assets value Obligatory to conduct every year (the CCU, art.144, p.4) Legislative requirement is absent   Legislative requirement is absent  
 10

Liability

 

 

 

Within its investment value ( the CCU, art. 140, p . 2)

 

 

 

Under the terms of agreement between parties in case, when the opposite is not fixed by the Law of Ukraine “On Separate Kinds of Joint Activity” (the CCU, art. 1131, p.2 and art.1134, p.4)

Liability is undertaken by the legal entity which created its representative office

 

 

 11

 Profit distribution  

 

Participants obtain dividends

  

The procedure of profit distribution is arranged by agreement

 

Profit distribution is performed by the legal entity which created its representative office

 on January 26,  2007

Partners

 

 

 

 

 

 

 

 

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