Kompas

Legal support to legal entities

The main areas of our expertise for Ukrainian enterprises:

• Small and medium-sized enterprises;
• Film production companies;
• Social enterprises;
• IT enterprises.

We provide legal support and services in the following areas:

• Legal support in establishing a legal entity;
• Preparation of the relevant set of documents when setting up a company, drafting of constituent documents and minutes;
• Legal support in contractual legal relations (with governmental and non-governmental organizations, enterprises, institutions, regardless of their form of ownership, subordination, industry affiliation);
• Legal support of grant agreements and targeted financial assistance agreements;
• Legal audit of corporate and internal documents of legal entities for compliance with civil, labor, and commercial laws;
• Analysis of concluded and new transactions (contracts, agreements, memorandums, contracts);
• Support of foreign economic contracts;
• Drafting of regulations on personal data;
• Legal support of HR-related matters and labor relations;
• Tax consulting;
• Drafting letters, applications, inquiries to regulatory authorities, preparation of responses;
• Consulting support of business activities on retainer basis.

Legal support to non-resident individuals

Our Company provides a wide range of services to foreign citizens – from consulting to obtaining the necessary documents (for legal residence in Ukraine, work, exercising their rights and fulfilling their obligations under the jurisdiction of Ukraine).

Consulting on the following issues:

• Legalization and stay of foreigners on the territory of Ukraine, rules for obtaining a visa, grounds for long-term stay of a foreigner in Ukraine, their advantages and disadvantages;
• Formalization and implementation of labor relations between a foreigner and a non-resident/resident employer;
• Taxation of income of non-residents in Ukraine, taking into account the provisions of international treaties;
• Consequences of violating the rules of stay of foreigners in Ukraine (violation of the conditions of stay, registration, crossing the state border, income declaration procedure, etc.).

Representation of the interests of foreign citizens in front of competent authorities in the following areas:

• Obtaining a taxpayer identification number in Ukraine;
• Issuance of an invitation for obtaining a visa for long-term stay in Ukraine;
• Support in obtaining insurance for a foreign citizens;
• Obtaining a temporary residence permit for a foreign citizen and their family;
• Obtaining a work permit for a foreign citizen in Ukraine;
• Support of transactions of foreign citizens with real estate and movable assets in Ukraine;
• Drafting of labor contracts;
• Registration of a non-resident as an individual entrepreneur;
• Support in declaring income for foreign citizens.

International technical assistance projects

International Technical Assistance (ITA) is financial and other resources provided by Donors to Ukraine on a free-of-charge and non-refundable basis in accordance with international agreements to support Ukraine. State registration and implementation of projects (programs), accreditation of their implementers to exercise the right to receive the relevant benefits, privileges, immunities provided for by the legislation and international treaties of Ukraine through the Secretariat of the Cabinet of Ministers of Ukraine is a rather specific service with many unregulated aspects.

Having practical experience of working with ITA projects, we offer services in the following areas:

• Consulting on registration and procedure issues of ITA projects in Ukraine, engagement of subcontractors and sub-grantees for projects;
• Support and representation of interests in the Secretariat of the Cabinet of Ministers of Ukraine, preliminary examination of documents for registration;
• Support and representation of the Client’s interests, consulting on the approval of the necessary draft documents in the Secretariat of the Cabinet of Ministers of Ukraine;
• Representation of the Client’s interests in the notary bodies, submission of the prepared set of documents to the Secretariat of the Cabinet of Ministers of Ukraine;
• Support in obtaining resolutions, submission of the necessary forms for registration with regulatory authorities;
• Registration of foreign personnel of ITA project with the migration authorities;
• Consulting and legal support of the contractual process in the implementation of ITA projects by the contractor;
• Legal support for transactions between ITA project and government agencies;
• Consulting and providing legal opinions on application of intergovernmental agreements and European legislation;
• Adaptation of project implementation to national legislation;
• Providing expert advisory on tax issues throughout implementation of ITA project;
• Providing practical advice on accounting, registration procedures and compliance with labor laws;
• Consulting on anti-corruption and financial control issues for declaring entities, experts, and participants of ITA projects;
• Consulting and providing expert opinions on intellectual property matters throughout implementation of ITA project and matters of international law on intellectual property;
• Consulting on application of the General Data Protection Regulation (GDPR) in the implementation of ITA projects;
• Development of working documents in accordance with the EU and Ukrainian procurement legislation;
• Conducting expert studies upon request;
• Legal support and consulting of ITA projects on retainer basis.

Representative offices to non-residents

Ukrainian legislation is constantly changing and adapting to comply with international rules. When launching operations in Ukraine, Ukrainian legislation offers a choice to a non-resident:

• To register a representative office in Ukraine;
• To register a permanent office/branch in Ukraine;
• To register a legal entity.

Our experts will help you conduct legal and tax due- diligence according to the type of planned activity.

We offer the following services for existing representative offices in Ukraine and for those who are only planning to operate here:

Consulting on the following issues:

• Choosing the optimal form of doing business in Ukraine for various types of business (services, IT, manufacturing, trade);
• Conducting a legal and tax audit of future activities, examining the constituent documents of the parent organisation in the country of registration;
• Developing a taxation model for the planned activities in the context of the Multilateral Convention (MLI – Multilateral Instrument) and existing bilateral agreements on the avoidance of double taxation;
• Licensing issues, protection of intellectual property, trademark use;
• Formation of authorized capital, transactions with real estate, assets of non-residents through a representative office in Ukraine, calculation of tax burden;
• Legalization and consulting on income taxation of foreign personnel;
• Formalization of contractual relations with counterparties in the activities of the Representative Office.

Legal support:

• Drafting a set of constituent documents for the Representative Office;
• Registration of the Representative Office in the Ministry of Economy of Ukraine;
• Registration of the Representative Office and non-resident (parent company) with the regulatory authorities;
• Obtaining work permits for foreign personnel;
• Opening a bank account and supporting throughout financial monitoring procedures;
• State registration with the regulatory and tax authorities;
• Legal support of non-resident’s activities in Ukraine on retainer basis.

Legal support to NGOs

The current legislation in the field of NGOs is changing dynamically. We keep our finger on the pulse, monitor all changes and offer our clients:

• Assistance with the best choice of a type when establishing a non-profit organization (charitable organization, civic organization, association, institution, etc);
• Legal support during registration, preparation of the relevant set of registration documents;
• Drafting constituent documents and minutes of meetings of governing bodies;
• State registration in accordance with the laws and regulations of Ukraine;
• Inclusion of the newly established non-profit organization in the Register of Non-Profit Institutions and Organizations;
• Legal support of the current statutory activities of the organization;
• Development and drafting of HR files and employment contracts;
• Drafting the contracts;
• Drafting grant agreements, targeted financing and charitable donations;
• Tax consulting;
• Legal advice within cooperation with contractors and international technical assistance projects;
• Preparation of documents for the purpose of applying to regulatory authorities on problematic matters.

Cooperation with foreign NGOs

The range of activities of accredited foreign non-governmental organizations in Ukraine is quite wide. As they begin their activities in Ukraine, they face many issues in their operation.

Our company provides the necessary legal support and services on the following issues:

• Сhoosing the form of presence in Ukraine (branch or representative office);
• Drafting regulations for effective and targeted activities in Ukraine;
• Drafting of HR files and employment contracts, selection of job titles with the development of job responsibilities depending on pecularities of activities in Ukraine;
• Legal examination of powers of attorney and legal support for expatriates working in Ukraine;
• Consulting assistance, provision of oral and written legal opinions and preparation of legal recommendations;
• Legal services in contractual legal relations;
• Development, analysis, adjustment of civil and commercial contracts, foreign economic contracts;
• Drafting letters, applications, proposals, legal analysis and development of internal and corporate documents;
• Drafting grant agreements, targeted financing and charitable donations;
• Tax consulting;
• Adaptation of internal policies and procedures to framework of Ukrainian legislation;
• Legal audit.