Ukraine - A Guide To Real Estate Regulations
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1 REVIEW OF THE MAIN LEGAL NEWS FOR BUSINES Lawyers of LF «Dmitrieva & Partners» have prepared the list of the main legal news for busines for the last two weeks Attorney-at-Law THE RULE THAT SEALS AREN T OBLIGATORY HAS BEEN INTRODUCED TO THE MODEL CHARTER OF A LIMITED LIABILITY COMPANY By its Resolution 820 of the Cabinet of Ministers of Ukraine has brought into line with current legislation the content of the model charter of a limited liability company. According to these amendments the use of seals for companies that were established on the basis of a model charter isn t obligatory any more. THE MINISTRY OF INFRASTRUCTURE NO LONGER DETERMINES "CARRIER QUOTAS" On October 16, 2015 Order of the Ministry of Infrastructure 363 On introduction of changes to the Order of registration and issuance of permits to travel to foreign countries when transporting passengers and goods by motor transport in international traffic came into effect. According to this order the concept "carrier quotas" has changed. It is provided that the carrier is provided with permits which are necessary for them for a particular trip in the presence of the remaining permits and provided presentation in the place of delivery of previously obtained permits for the vehicle. ISSUES OF THE STATE REGISTRATION OF BUSINESS By its Decree 1065-r the Cabinet of Ministers of Ukraine instructed state registrars of territorial bodies of the Ministry of Justice of Ukraine and administrators of centers of providing administrative services to provide services of both acceptance and issue of documents to subjects of applicaton. Administrative services are services of state registration of rights to immovable property, registration of legal entities and individual entrepreneurs. Such a system will function until the legal settlement of the issue of decentralization and transfer of functions of registration to the local level. THE STATE FISCAL SERVICE PROVIDED CLARIFICATION REGARDING THE STATUS OF INVOICES FOR TAX ACCOUNTING Letter of the State Fiscal Service of Ukraine of /B/ contains clarification that invoice in its purpose does not meet the features of the the primary document (as it does not fix any business transaction, order or permission to conduct business operations), and has informational nature only. In fact invoice is a payment document which provides only invoicing certain amounts due for customers for supplied (actually delivered) goods
2 or provided (actually rendered) services. Actual receipt of goods (services) is to be confirmed by expenses invoice of a supplier or acceptance certificate. SUBJECTS OF REAL RIGHTS TO LAND CAN LEARN WHO INTERESTED IN THEM IN THE LAND CADASTRE Pursuant to the Law of Ukraine "On amendments to some legislative acts of Ukraine to enhance transparency in property relations to prevent corruption" of VIII adopted by the Verkhovna Rada information about the owners and users of land throughout Ukraine is public. On 5 October the State Service of Ukraine of Geodesy, Cartography and Cadastre and the State Agency for E-Government presented new electronic services in respect of obtaining information on land ownership. E-service is available through the Public Cadastral Map The obligatory condition of access to information is the electronic identification of an applicant (natural or legal person) using an electronic signature or alternative identification scheme «BankID» (identification via a bank card). The information system proccesses the request automatically and provides information on land ownership and the date of their acquisition. Information is provided free of charge. The electronic service of online ordering the extract of the regulatory monetary value of land has been introduced. By its Resolution of September 30, the Cabinet of Ministers of Ukraine amended the Order of Keeping of the State Land Cadastre, approved by Regulation of the Cabinet of Ministers of Ukraine of 17 October 2012 No In particular, the subjects of real rights to land are given the opportunity to obtain the information about persons who have obtained the access to information on the subject of property rights in the Land Cadastre. It is provided that the following information about persons who have received the access to information on the subject of property rights is included in the Land Cadastre using software: - for an individual - surname, name, patronymic (if any); - for a legal entities (resident and non-resident) - name, tax identification number; - for local governments - name, tax identification number; - for public authorities - name, tax identification number. Information about persons who have received the access to information on the subject of property rights in the Land Cadastre is given free of charge. ENTREPRENEURIAL ACTIVITY CAN BE REGISTERED DURING ONE DAY The joint order of the Ministry of Justice, the Pension Fund and the State Statistics has been signed under which registration of entrepreneurs in these bodies will be made during one day. Thus, Order of the Ministry of Finance of Ukraine 747 establishes that on the day of obtaining information from the Single State Register of Legal Entities and Individuals - Entrepreneurs regulatory authorities register taxpayers and transfer the data of their registration in regulatory authorities to the SSR. At the same time joint order of the Ministry of Finance and the Ministry of Justice 1918/5/869 introduces the online exchange of information between the SSR and information
3 systems of the SFS, and before the introduction of such an interaction with the interval of not more than 2 hours. That is, the response about registration and data of registration of the taxpayer and the payer of the single dues which is included in the Single State Register is formed to every electronic message. To ensure the registration of the payer of single dues by the State Fiscal Service of Ukraine the exchange of information with the Social Insurance Fund is fully automated. Beginning from May 2015 the exchange of information between the SFS and the Social Insurance Fund lasts from half an hour to an hour. LICENSING OF EXPORT OF NONFERROUS METALS HAS BEEN CANCELLED On October 7, 2015 Resolution number 773, by which the Cabinet of Ministers of Ukraine canceled licensing of export of a number of nonferrous metals, came into effect. Copper pipes and aluminum alloy and products, copper profile, ferronickel and other positions have been removed from the list of goods export and import of which is subject to licensing. THE PROCEDURE OF HOLDING CURRENCY AUCTIONS HAS BEEN UPDATED The National Bank of Ukraine will modernize the procedure of holding auctions for buying and selling currency. Relevant changes have been approved by Resolution of the Board of the National Bank of Ukraine of "On Amendments to the Regulations on holding currency auctions by the National Bank of Ukraine". Lawyer Yulina@dmp.com.ua holding. To date the regulator had to announce holding auctions the day before. The updated Regulations provide for the announcement of holding auctions not only the day before, but also on the day of their In addition, the resolution distinguishes between the terms of a competitive and uncompetitive application. The competitive application includes a certain rate of exchange of UAH to foreign currency, and in the uncompetitive application the rate of exchange of UAH to foreign currency isn t indicated. The amended Regulations strengthen responsibility of banks for the implementation of applications submitted for participation in the auction. The bank, the application of which has been chosen by the National Bank for satisfaction during the auction, is obliged to enter into the agreement with the National Bank regarding the sale or purchase of foreign currency and to confirm it using the software "The system of verification of agreements on the interbank currency market of Ukraine of the National Bank of Ukraine". Such an application may be withdrawn. Banks which are in breach of the Regulations will be excluded from participation in the next three auctions. INFORMATION ON VEHICLES AND THEIR OWNERS BECOMES OPEN On October 6, 2015 the Law "On amendments to certain legislative acts of Ukraine on strengthening transparency in property relations to prevent corruption" of VIII came into force. It is established that information on registered vehicles and their owners, which is contained in the Single State Register, the holder of which is the Ministry of Internal Affairs of Ukraine, is open and public.
4 For individuals and legal entities the information from the Single State Register is given by search for subjects (vehicle owners): - electronically - via the official website of the executive body that implements the state policy on registration of vehicles, provided the identification of such a person (natural or legal) using EDS (electronic digital signature) or other alternative means of identification; - in paper form - by submission of the application in person or by sending via mail to the State Auto Inspection of the MIA. On request of officials of state bodies, local authorities, courts, prosecutors, the SSU authorities, advocates, notaries information in connection with their powers set by the law is provided in repect of the subject (owner) or state registration number, in writing or electronically by direct access to the Single State Register, provided the identification by means of EDS. On their request the owner or the other right-holder will be provided with information on persons who have obtained information of registered vehicle, which they own. THE MINISTRY OF DEFENCE HAS PROVIDED CLARIFICATION IN RESPECT OF VEHICLES OF ENTERPRISES FALLING UNDER MILITARY TRANSPORT DUTY By Letter number 266/from/2226 the Ministry of Defence of Ukraine explained that to meet the needs of military units the vehicles that are regular in the Armed Forces and other military formations are assigned for a particular period: - passenger cars GAZ,, UAZ, VAZ, Hyundai; - trucks KamAZ, ZIL, GAZ, Ural, KrAZ. In the absence of cars of such makes in enterprises vehicles, tactical and technical characteristics of which correspond to regular or better can be assigned. NEXT REDUCTION OF CURRENCY RESTRICTIONS By its decree of October 22, 2015 No 718 the Board of the National Bank of Ukraine amended Regulation of September 3, 2015 No 581 "On settlement of the situation in the monetary and credit and foreign exchange markets of Ukraine". Under the changes the list of foreign exchange earnings, which are not subject to compulsory sale on the interbank currency market of Ukraine has been expanded, in particular: - for projects that are carried out on the basis of agreements between Ukraine and the European Union on Ukraine's participation in international programs of the European Union; - in the form of grants from international financial organizations, the member of which is Ukraine, in favour of the legal person - resident, financing of which is carried out on account of these grants and in the management of which the Government of Ukraine is involved; - received as cash security (guarantee fee) of non-resident s participation in the auction (bidding) in respect of privatization of state property to accounts of the organizer of such an auction (bidding). According to the latest changes the authorized banks may withdraw from control export operations of customers on the basis of documents of termination of liabilities by setting off counter homogeneous claims for telecommunication operators operations of payment of international telecommunication services (international roaming and international traffic crossings).
5 The restrictions in respect of giving out cash in national currency through cashier's offices and ATMs in the amount of up to 300 thousand UAH per day per client in the implementation of foreign exchange operations with individuals have also been cancelled. The National Bank of Ukraine retained the authority to register amendments to the agreement on the involvement by resident (except for the authorized bank) of credit/loan in foreign currency from non-resident in cases where the replacement of the initial debtor/creditor is carried out in connection with its accession to the new debtor successor/creditor successor and/or dissolution of the initial debtor/creditor and in cases when credit agreements/loan agreements under which the credit/loan is granted to the resident-borrower with the participation of foreign export credit agencies. In these cases the set of documents which is submitted to the National Bank of Ukraine for the relevant registration should include the notice of the agreement/notice of changes to the agreement with all completed clauses, confirmation of consent of an authorized bank to service operations under the agreement, and scanned copies of the agreement along with other additional agreements/contracts, documents relating to the implementation of the agreement. NEW TERMS OF HOLDING OF CURRENCY AUCTIONS By its Decision of October 1, 2015 No 655 the Board of the National Bank of Ukraine amended the Regulations on holding by the National Bank of Ukraine of currency auctions, approved by Decision of the National Bank of Ukraine of December 29, 2008 No 469 and published it in the new wording. Updated Regulations are aimed at improving the prompt response of the NBU to currency fluctuations and determine new opportunities of guaranteed buying and selling currency at auction. CENTRALIZATION OF CERTAIN FUNCTIONS OF THE NBU According to Letter of the National Bank of Ukraine of No /75897, due to the centralization of certain functions previously performed by the territorial departments of the National Bank of Ukraine in the sphere of currency regulation and currency control, the function of the National Bank of Ukraine in respect of registration of contracts providing fulfillment of liabilities by residents before non-residents in respect of credits (loans) in foreign currency attracted from nonresidents, is transferred to the Department of Registration Issues and Licensing of the National Bank of Ukraine from
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