Opening bank accounts in Ukraine, bank accounts for representative offices of foreign companies in Ukraine
Bank accounts of legal persons-non-residents are opened according to section 4 of the Instruction of the National Bank of Ukraine on opening bank accounts in national and foreign currency.
The "?" type account is opened by the authorized bank:
• To foreign diplomatic, consular, trading and other official representations, the international organisations and their branches which use immunity and diplomatic privileges (further - official representations);
• To representations of legal persons-non-residents, establishments which represent interests of legal persons-non-residents in Ukraine and are not engaged in enterprise activity in territory of Ukraine (further - representations of legal persons-non-residents);
• To representations of foreign banks;
• To the organisations and establishments (to groups of management of programs or projects) which according to operating international contracts of Ukraine and the legislation of Ukraine are involved in realisation of programs or projects of the international help or the international technical help.
For different types of enterprises the legislation provides representation of additional documents (for example, for rent - certified copy of the contract of rent). Some enterprises are released from representation of certain documents (e.g. a charter is not represented by budgetary establishments and the organizations).
The list of documents which are represented by aforementioned subjects for opening of the account of type "?", is defined by point 4.1.2 of the Instruction on opening bank of accounts in national and a foreign currency.
The "?" type account is opened by the authorized bank to representative offices of the foreign companies, firms, the international organisations, created in any organizational form without the status of the legal person through which enterprise activity of the non-resident in territory of Ukraine in full or in part is carried out.
For opening of the account of type "?" the representative office submits to the authorized bank such documents:
• The statement for account opening;
• The individual license of Crimean republican, regional or on to Kiev and the Kiev area of management of National bank of Ukraine on opening of the account of type "?";
• Copy of apostilled power of attorney on realization of representation functions, certified by notary;
• Card with samples of signatures and the seals, certified by notary.
To obtain individual license for opening and using the type account "?" representative offices of legal persons-non-residents submit such documents:
• The petition of legal person-non-resident to corresponding establishment of National bank of Ukraine about opening to permanent mission of the account of type "?";
• The written approval of the authorized bank to opening and service of the account of type "?";
• Copy of the certificate on representation registration in the Ministry of Economy of Ukraine, certified by notary or body which has granted the certificate;
• Copy of apostilled extracts from the trading, bank either judicial register or the registration certificate of local authority of the foreign state about registration of the legal person - of the non-resident to which possesses the permanent mission, certified by notary;
• Copy of apostilled powers of attorney on performance of representation functions, certified by notary;
• Copy of the permission of the central bank of the corresponding country on opening of the account of type "?" to permanent mission legal persons - of the non-resident in territory of Ukraine, certified by notary (for residents of the countries - former republics of USSR).
The type account "?" is used according to the rules established for current accounts of residents of Ukraine (including for charge and transfer into the account of percent on the rests of means on this account if this charge is provided by the contract between bank and the proprietor of the account), except cases of the purchase of a foreign currency in the interbank currency market of Ukraine.
Available means from the type account "?" can be used by permanent establishment of legal person-non-resident for the purchase in the interbank currency market of Ukraine of a foreign currency for the purpose of its transfer:
a. The account of legal person-non-resident which interests are represented in territory of Ukraine by this representation, for the sum of proceeds:
o Received as a result of realisation in Ukraine of operations of purchase and sale of the goods (works, services);
o The added and enlisted percent on the placed deposits and on the rests of proceeds on this account;
o The rest on the account (after payment of obligatory taxes and payments) in case of the activity termination in territory of Ukraine that proves to be true corresponding documents;
b. Own account in a foreign currency in the authorised bank of Ukraine for use on:
o Payment of work of workers-non-residents;
o Payment of proceeds for business trip abroad;
o Representation expenses abroad according to the current legislation of Ukraine.
Realisation of investments in Ukraine, other operations which are forbidden by the current legislation of Ukraine from this kind of accounts, is not authorised.
Placing of proceeds on depositary accounts in establishments of banks of Ukraine is carried out from the type account "?" with the subsequent returning of means and the added percent into the specified account.
In case of realisation of a re-registration of the subject of the enterprise activity caused by changes of the name, the organizational-legal form, a pattern of ownership, the proprietor of the account are obliged to present to establishments of bank the statement, a new copy of the certificate on the state registration and change to the constituent documents, certified when due hereunder.
Current accounts are closed in bank establishments:
a. On the basis of the statement of the proprietor of the account;
b. On the basis of the body decision on which the law puts functions concerning liquidations or enterprise reorganisation;
c. On the basis of the corresponding decision of court or arbitration court on enterprise liquidation;
d. On other bases provided by the current legislation of Ukraine or the contract between establishment of bank and the proprietor of the account.
The legislation of Ukraine establishes a special order of opening of accounts in a foreign currency.
According to Instruction p. 6.1.1 on opening by banks of accounts in national and a foreign currency, there are 2 types of bank accounts in foreign currency: current and depositary.
The current account in a foreign currency can be opened to the enterprise for carrying out of payments within the current legislation of Ukraine in a non-cash and cash foreign currency for performance of the current operations, and for debts repayment under credits in a foreign currency.
Current trading operations in a foreign currency are the following payments:
• Between legal persons-residents and legal persons - non-residents for foreign trade activities on trading operations;
• Between legal persons-residents on territory of Ukraine with individual license of National bank of Ukraine;
• Between legal persons-non-residents and legal persons - residents through legal persons-residents-intermediaries under contracts (agreements) which are concluded according to the current legislation of Ukraine;
• Other payments which are carried out according to the current legislation of Ukraine;
• Operations in the interbank currency market of Ukraine;
• Payment for the goods (works, services) with use of checks and plastic cards.
Current noncommercial operations are the following:
• Payment of a cash foreign currency and payment documents in a foreign currency on the expenses connected with business trips;
• Realisation of exchange operations with a foreign currency and payment documents in a foreign currency;
• Payment of a cash foreign currency under checks and plastic cards to physical persons (to residents and non-residents);
• The purchase of payment documents in a foreign currency physical persons (residents and non-residents);
• Payment of royalties and payments for using copyrights;
• Transfer of proceeds for carrying out of the international exhibitions, the congresses, symposiums, conferences and other international meetings;
• Payment of work of non-residents which according to the concluded labour agreements (contracts) work in Ukraine;
• Transfer of proceeds in a foreign currency for training, treatment, patenting, payment of customs payments, membership dues; • Payments on compensation of expenses judicial, arbitration, notarial, law enforcement bodies;
• Payment of a cash foreign currency on transfers from abroad (pensions, the alimony, work payment, the inheritance, the help of relatives, etc.);
• Transfers abroad Ukraine of proceeds in foreign currency (pension, the alimony, work payment, the inheritance, the help to relatives, etc.);
• Other payments and transfers in a foreign currency which do not contradict the current legislation of Ukraine.
For opening of the current account in foreign currency the enterprise-resident submits to the authorised bank the same documents as for opening of current account in national currency.
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