Starting your own business, entrepreneur generally understood or imagines the maintenance of financial-economic activity which it plans to carry out (including the volume of financial transactions, the size of the labor collective, etc.). But not always entrepreneur has a clear understanding of the issues related with the legal registration of activity, its administration, selection of the taxation system and the like, as since for making decision on these issues needs a practical experience.

Can identify the following issues that must be resolved before the start procedure of legal registration of business:

1. The choice of legal form of organization the future enterprise. Organizational legal form significant impact on:

  • procedure for maintaining internal activity that affects to the order of conducting activities with third parties (client, performers, banks, etc.);
  • responsibility for the consequences of financial and economic activity;
  • the ability to engage in charitable or other non-profitable activities.

However, there are limitations for enterprises certain forms of property, on: the size of the labor collective, the volume of financial transactions, the number of participants (owners) etc ..

2. The choice of the tax system. Depending on the choice of the tax system with the same financial transaction, you can pay the income tax of 3% or income tax of 15%, it is possible to pay value added tax (VAT) and can not to pay it…

3. choice of place of registration. Place of registration of the company or FOP, must be real and not fictitious, or a fictitious address given as an enterprise location (place of registration FOP), can become the reason cancellation of the certificate VAT, cancellation of registration of a legal entity in general, etc… For some reason sometimes the entrepreneur wants so that the legal of organization location will did not correspond to the actual location, but at the same lose the possibility of using the real location is also does not want. This situation can be solved, and should do so in advance.

4. the question of the presence or absence of a legal entity ownership or assets with a significant monetary value. Availability of property, in fact determines the policy regarding the action on security arrangements of the property. For example, it must be assumed attempted theft of property by raiders, partners, administration of the enterprise, government and others. The cost of the security organization’s assets or property can result in a large penny, if the security is organized by the incompetent person. However, large costs can nothing help to, as it is often the case that only help to attackers. Organization for Security should be assigned to a competent person who is an effective way to ensure the safety of property.

5. The choice of kind of activity. Implementation activities are not specified in the statutes or activities of FLP can be the cause of problems with tax authorities, in some cases, reason for the appearance criminal cases against a businessman and almost certainly will be the reason for the refusal to grant a special license or certificate for the missing kind of activity.

For registration of companies need to collect, complete and submit to the appropriate authorities the following documents:

  • Application (before it was a registration card on Form №1, – now the application), which must be filled correctly, reassure and submit to the state registration service, you can download the form on the Internet on the official website of the local Main Department of Justice, on the website of the Ministry of Justice or as a supplement to the latest changes in the Law on State Registration of Legal Entities;
  • The original solutions to establish the enterprise (corporate form of ownership for organizations, a decision is made in the form of a protocol issued by the highest body of the company);
  • Two certified company statute. Incorporation documents shall be written and designed appropriately, otherwise the registrar has the right to leave documents without examining;
  • In some cases, paid receipt (confirming payment of the registration fee);
  • The package of documents defining the structure of founders, who are legal persons. With the instructions of owners of these companies (final beneficial owners).
  • For organizations that also need to provide the order on appointment of the director.

Registration in STI, PFCs, FSS is done automatically, by synchronizing the information in the databases of the state register of legal entities and public bodies.

Confirmation of such registration can be found in the excerpt obtained by total positive consideration of the application for registration. The statement contains the tax authorities to exercise control over the company or entrepreneur, statistical body and the Pension Fund.

The trend of consideration of applications filed in the state register, said that the registration service implemented the practice of reviewing applications with 2 registrars. The first registrar receives the application, the second registrar considers it and makes a decision on registration. In this case all it takes 2-4 days.

Earlier for registration of the companies needed more time-consuming procedure involving receipt: Certificate USREOU; 4-OPP certificate, certificate of VAT payer or single tax system; evidence of PFCs; evidence from the FSS; certificate of employment center etc .. Now in fact they are replaced one excerpt from the State register of legal entities.

To post-registration issues may include:

  • receipt stamp,
  • receipt of electronic digital signature for the of tax reporting;
  • opening a bank account,
  • a certificate of VAT payer,
  • licenses or certificates.

Before you begin the registration process in order to avoid losses should to consult with specialist.

You can also refer to APP-Invest, for help in the registration of the enterprise or the FOP and our experts will be based on the experience of tracking the activity of enterprises, will help you to:

  • select the appropriate tax system and organizational legal form;
  • in the drafting of foundation documents, choosing Oued;
  • registration in the Unified State Register of legal entities and individual entrepreneurs;
  • receipt stamp, opening a/c in a bank;
  • Preparation of the current account in the DPA, receipt of electronic – digital signature.

For order to we were able to register a business from you will need the following documents:

  1. If the founder of a natural person or registered FOP:
    • A photocopy of the passport data and identification codes of founders, certified by the owners;
    • Documents confirming the legal address (place of residence);
    • If the formed charter capital, it needs the desired amount of the charter capital, the list of property and percentage of deposits introduced by the founders.
  2. If the founder of a legal entity:
    • If the founder of a legal entity:
    • a copy of the relevant extract from the State Registration Service;
    • The protocol of the decision to create a company and take part in it in a certain amount of the charter capital;
    • In signing the documents the director of the legal entity must be a confirmation of his authority in the form of a protocol on his appointment as the head;
    • The power of attorney, if drawn a trustee;
    • Data on finalbeneficiaries and owners of a substantial part of society – the founder;
    • The name of the future legal entity.
  3. In some cases, the are needed additional documents.

Relations arising in questions of relating to state registration of legal entities and changes to statements of legal entities governed by the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs of Ukraine”. The law establishes the size of the order and content of the documents which served for the registration statements.

For questions about registration (opening) companies you can consult with our specialists using the contact details of the site.

Return to the table of contents: about the problems of starting a business; for beginners their business; questions that need to be resolved at the start; for registration of the enterprise; registration in state bodies; post registration questions; help with registration from APP-Invest; required documents; comment about Legislation.

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