LAW OF UKRAINE

of March 19, 1996 No. 93/96-BP

About the mode of foreign investment

This Law determines features of the mode of foreign investment in the territory of Ukraine proceeding from the purposes, the principles and provisions of the legislation of Ukraine.

Section I. General provisions

Article 1. Determination of the terms used in the Law

The terms used in this Law have the following value:

1) foreign investors are the subjects who are carrying out investing activities in the territory of Ukraine namely:

the legal entities created according to the legislation other than the legislation of Ukraine;

physical persons - foreigners who have no permanent residence in the territory of Ukraine also are not limited in capacity to act;

foreign states, international government and non-governmental organizations;

other foreign subjects of investing activities recognized by those according to the legislation of Ukraine;

2) foreign investments - the values put by foreign investors in objects of investing activities according to the legislation of Ukraine for the purpose of profit earning or achievement of social effect;

3) the company with foreign investments - the company (organization) of any form of business created according to the legislation of Ukraine which foreign investment in the authorized capital, in case of its availability, constitutes at least 10 percent;

4)  No. 1390-VIII is excluded according to the Law of Ukraine of 31.05.2016

The company acquires the status of the company with foreign investments from the date of transfer of foreign investment on its balance.

Article 2. Types of foreign investments

Foreign investments can be performed in type:

the foreign currency recognized converted by the National Bank of Ukraine;

currencies of Ukraine - according to the legislation of Ukraine;

any personal and real estate and related property rights;

shares, bonds, other securities, and also corporate laws (the property rights to share (share) in the authorized capital of the legal entity created according to the legislation of Ukraine or the legislation of other countries) expressed in convertible currency;

monetary claims and right to requirements of accomplishment of contractual commitments;

intellectual property rights which cost in foreign currency is confirmed according to the laws (procedures) of the country of the investor or the international trade customs and also is confirmed with expert evaluation in Ukraine, including the copyright legalized in the territory of Ukraine, the rights to inventions, useful models, industrial designs, signs for goods and services, know-how and so forth;

the rights to implementation of economic activity, including the rights to use of natural resources and use of the natural resources provided according to the legislation or agreements which cost in convertible currency is confirmed according to the laws (procedures) of the country of the investor or the international trade customs;

other values according to the legislation of Ukraine.

Article 3. Forms of implementation of foreign investments

Foreign investments can be performed in the following forms:

partial participation in the companies created together with the Ukrainian legal entities and physical persons or acquisition of share of operating plants;

creations of the companies which are completely belonging to foreign investors, branches and other separate divisions of foreign legal entities or acquisition in property of operating plants completely;

the acquisition which is not prohibited by the laws of Ukraine, real or personal estate including houses, apartments, rooms, the equipment, vehicles and other objects of property, by direct receipt of property and property complexes or in the form of shares, bonds and other securities;

acquisitions independently or with the assistance of the Ukrainian legal entities or physical persons of the rights to use of the earth and use of natural resources in the territory of Ukraine;

acquisitions of rights of other property rights;

economic (entrepreneurial) activity on the basis of production sharing agreements;

in other forms which are not prohibited by the laws of Ukraine including without creation of the legal entity based on agreements with business entities of Ukraine.

Article 4. Subjects to foreign investment

Foreign investments can invest in any objects, investment into which is not forbidden by the laws of Ukraine.

Article 5. Assessment of foreign investments

Foreign investments and investments of the Ukrainian partners, including fees in the authorized capital of the companies, are estimated in foreign convertible currency and currency of Ukraine by agreement of the parties on the basis of the prices of the international markets or the market of Ukraine.

Recalculation of investment foreign currency amounts in currency of Ukraine is performed on the official rate of currency of Ukraine determined by the National Bank of Ukraine.

In case of the reinvestments of profit, the income and other means received in currency of Ukraine owing to implementation of foreign investments, recalculation of the investment amounts is made on the official rate of currency of Ukraine determined by the National Bank of Ukraine for date of the actual implementation of reinvestments.

Article 6. The legislation on investing activities of foreign investors in the territory of Ukraine

The relations connected with foreign investments in Ukraine are regulated by this Law, other legal acts and international treaties of Ukraine. If the international treaty of Ukraine establishes other rules, than those which are stipulated by the legislation Ukraine about foreign investments are applied rules of the international treaty.

Section II. State guarantees of protection of foreign investments

Article 7. Legal regime of investing activities

For foreign investors in the territory of Ukraine the national treatment of investing and other economic activity, behind exceptions, stipulated by the legislation Ukraine and international treaties of Ukraine is set.

For the certain subjects of business activity performing investment projects with attraction of foreign investments which are implemented according to state programs of development of priority industries of economy, the social sphere and the territories the preferential mode of investing and other economic activity can be set.

The territories in which activities of foreign investors and the companies with foreign investments are limited or forbidden proceeding from requirements of ensuring national security can be determined by the laws of Ukraine.

By the laws of Ukraine for business entities which perform investment projects in the fields of managing determined by the law with attraction of foreign investments additional state guarantees of protection of foreign investments, including guarantees of protection of investments against change of the legislation provided by this Law can be established.

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