Registration of company, firm, Limited liability company in Ukraine
Limited liability company (LLC) is a commercial organization, an enterprise whose authorized capital is divided into shares, the size of which is established by the charter of the company. A limited liability company is a variety of business entities.
The essence of a limited liability company is that the members of such a company are responsible for its obligations to a limited extent.
Limited liability company is the most common legal form of ownership for doing business in Ukraine.
The activities of limited liability companies are regulated by the Civil Code of Ukraine, the Commercial Code of Ukraine, the Law of Ukraine “On Business companies”, as well as other legislative acts of Ukraine.
Features of a limited liability company:
- LLC is a legal entity and is subject to state registration in accordance with the legislation of Ukraine.
- The minimum number of LLC members is one person.
- The maximum number of LLC members can reach 100 people.
- The constituent document of the LLC is the charter.
- The authorized capital of the LLC consists of the contributions of its participants. The amount of the authorized capital is equal to the sum of the value of such deposits.
- The authorized capital of the LLC is subject to payment by the company’s participants before the end of the first year from the date of state registration of the company.
- The supreme body of the LLC is the general meeting of its members.
- In a limited liability company, an executive body (collegial) or sole executive body is created, which carries out current management of its activities and reports to the general meeting of its participants. The executive body of the company may also be elected not from among the members of the company. The presence of an accountant in LLC is not necessary. The function of an accountant can be performed by a director or you can give accounting for a contract to an accounting firm (accounting outsourcing).
- Control over the activities of the directorate (director) of a limited liability company is carried out by the audit commission.
- The LLC may be liquidated by decision of the general meeting of its participants, including in connection with the expiration of the period for which the company was established, and also by a court decision – in cases established by law.
Rights of the Limited Liability Company:
- has an independent balance sheet, accounts in banks, a seal with its name, identification code, stamps, forms, may have a brand name, as well as a trademark and other requisites;
- acts on the principles of full economic independence and self-sufficiency, is responsible for the results of its economic activities and fulfillment of obligations;
- can acquire property and personal non-property rights, incur obligations, make transactions in accordance with the law and the charter, be a plaintiff in court, including in the relevant jurisdictions of other states;
- has the right to issue (emit) securities in the manner prescribed by law;
- independently plans its economic activities and carries out such activities on the basis of contracts;
- sells its own products (works, services).
- The LLC has the right to form branches, representative offices, other separate structural subdivisions in accordance with the procedure established by law, and to be a founder of legal entities (including subsidiaries) both in Ukraine and abroad.
- LLC, together with other business entities, can form unions, associations and other associations.
- LLC is responsible for its obligations with all property, which can be levied on demand of creditors in accordance with the law.
- LLC is not liable for the obligations of its participants. LLC is not responsible for the obligations of the legal entities created by it.
The opening date of the Limited Liability Company is from 2 working days.
The registration of an enterprise happens with different types of founders:
- The founder is a resident (citizen of Ukraine).
- The founder is a non-resident individual.
- The founder of the resident is a legal entity.
- The founder is a non-resident legal entity.
To register an LLC, the following information is required:
1. Data of the founder:
– for a natural person:
- a passport and an identification code, you need to receive it in a tax for a non-resident individual, in his absence. Service cost – 100$.
– for a legal entity:
- Certificate of registration of a foreign company or Extract (Extract) from the state register of legal entities.
- Protocol of a foreign company with a decision to register and establish a legal entity in Ukraine.
- Power of Attorney for a signatory of the constituent documents of the Ukrainian company.
- All documents related to a foreign company must be translated into Ukrainian and notarized. It should be noted that if, the country of the non-resident founder did not sign the Hague Convention on mutual recognition of documents, then they must be apostilled.
2. Data of the Director (when the LLC is initially registered as a director, only a citizen of Ukraine can be appointed, then you can change the director.) If necessary, our company provides a service of selecting a director.
3. Name of the enterprise
4. Types of activity of the enterprise (what this legal entity will be engaged in)
5. Size and method of formation of the authorized capital, division of shares between the founders of LLC
6. Company’s location – Legal address (If necessary, our company can provide the service Legal address).
7. Tax system
We emphasize, that we register in all necessary funds and government agencies.
After registering the LLC you will receive:
– a protocol of the General meeting of founders.
– one copy of entity charter;
– an inventory of documents with the code for accessing the constituent documents to the Unified State Register of Enterprises, in the future, it is necessary for the notary and the bank to open a current account.
– an extract from the Unified State Register of Enterprises, organizations and institutions of Ukraine;
– seal of the company.