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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 30, 1997 No. 112

About approval of the Regulations on procedure for state registration of agreements (contracts) on joint investing activities with the assistance of the foreign investor

(as amended on 13-07-2011)

According to article 24 of the Law of Ukraine "About the mode of foreign investment" the Cabinet of Ministers of Ukraine DECIDES:

Approve Regulations on procedure for state registration of agreements (contracts) on joint investing activities with the assistance of the foreign investor which are applied.

 

First vice-Prime Minister of Ukraine V. DURDINETS

Approved by the resolution of the Cabinet of Ministers of Ukraine of January 30, 1997 No. 112

Regulations on procedure for state registration of agreements (contracts) on joint investing activities with the assistance of the foreign investor

1. This Provision determines procedure for submission of documents, their consideration and implementation of state registration of agreements (contracts) on production cooperation, coproduction and other types of joint investing activities with the assistance of the foreign investor.

2. Agreements (contracts) on production cooperation, coproduction and other types of the joint investing activities which are not connected with creation of the legal entity, signed according to the legislation subjects of foreign economic activity of Ukraine with the assistance of the foreign investor are subject to state registration.

3. State registration of agreements (contracts) is performed by the Ministry of Economic Development and bodies authorized by it (further - bodies of state registration).

4. State registration of agreements (contracts) is the basis for implementation of foreign investment under such agreements (contracts) according to articles 23 and 24 of the Law of Ukraine "About the mode of foreign investment".

5. For state registration of the agreement (contract) the subject of foreign economic activity of Ukraine - the agreement party (contract) to which conducting joint cases of participants is entrusted or person authorized by it submits the following documents:

the letter of appeal about state registration of the agreement (contract);

information card of the agreement (contract) in the form established by the Ministry of Economic Development;

the agreement (contract) (the original and the copy) certified in accordance with the established procedure;

the certified copies of constituent documents of the subject (subjects) of foreign economic activity of Ukraine and the certificate on its state registration as subject of business activity;

the documents testimonial of registration (creation) of the foreign legal entity (nonresident) in the country of its location (the statement from the trade, bank or judicial register and other). These documents shall be certified according to the legislation of the country of their issue, are translated into Ukrainian and legalizirovana in consular establishment of Ukraine if international treaties in which Ukraine takes part, do not provide another. The specified documents can be certified also in embassy of the relevant state in Ukraine and legalizirovana in the MFA;

The license if according to the legislation of Ukraine of it the activities provided by the agreement (contract) require;

the document on fee for state registration of the agreement (contract).

Originals of the agreement (contract) return after consideration of materials to subject of foreign economic activity of Ukraine which submitted the letter of appeal about state registration.

In case of reasonable need bodies of state registration can require other documents concerning determination of the purposes, conditions of activities, capability of participants to execute the agreement (contract), and also compliance to its legislation.

Responsibility for accuracy of the information, containing in the documents submitted for state registration the subject of foreign economic activity of Ukraine bears.

6. Information provided in the documents submitted for state registration of the agreement (contract) is confidential and is not subject to disclosure.

7. The body of state registration considers the documents submitted according to Item 5 of this provision within 20 calendar days since date of fixing in le of accounting of state registration of agreements (contracts). By results of consideration the body of state registration makes the decision on registration of the agreement (contract) or on refusal in it.

8. Confirmation of state registration of the agreement (contract) is the card of state registration of the agreement (contract) constituted in form and filled according to the procedure established by the Ministry of Economic Development and special mark about state registration in the agreement (contract).

One copy of card of state registration of the agreement (contract) and the copy of the agreement (contract) remain in body of state registration.

The card of state registration of the agreement (contract) is issued to the subject of foreign economic activity of Ukraine in triplicate. The subject of foreign economic activity represents the first copy of such card to customs authorities for customs clearance of the corresponding property, the second - to the state tax authorities on the location of the Ukrainian subject of foreign economic activity, third - remains at the subject of foreign economic activity of Ukraine.

9. Implementation of state registration of the agreement (contract) it can be refused if:

the term of the contract (contract) do not correspond to the legislation of Ukraine;

sanctions according to article 37 of the Law of Ukraine "About foreign economic activity" are applied to subject of foreign economic activity of Ukraine which submitted the letter of appeal about registration of the agreement (contract);

there is prohibition on the provided type of joint activities according to the legislation of Ukraine.

The refusal in state registration of the agreement (contract) shall be drawn up in writing with indication of motives of refusal and can be appealed judicially.

10. For state registration of the agreement (contract) on joint investing activities the payment in the amount of six free minima of the income of the citizens established on the date of registration is levied.

The means received for registration of the agreement (contract) are transferred into the budget of the Autonomous Republic of Crimea, regional budgets, into city budgets of the cities of Kiev and Sevastopol.

In case of refusal to the applicant do not return to registration of means.

11. In case of loss (destruction) of card of state registration of the agreement (contract) the duplicate of card of registration of the agreement (contract) is issued to the owner (owners).

For receipt of the duplicate of card of state registration of the agreement (contract) the agreement party (contract) represents to body of state registration:

the announcement of recognition of the invalid lost card of state registration of the agreement (contract) published in the official press;

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