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Ukraine

List of Documents/Authorizations

Documents required to start a fish farm in Ukraine

State registration of a legal entity

 State registration of legal entities is carried out by the state registrar at the location of the legal entity (Article 5 of the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs”).

The list of state registration bodies is placed in the section “Services” in the block “State registration of legal entities and natural persons – entrepreneurs” in the section “Structural subdivisions of territorial bodies of the Ministry of Justice of Ukraine”.

The procedure for state registration of a legal entity is provided by Articles 24, 25 – 27 of the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs”.

The list of documents for state registration of a legal entity is established by Article 24 of the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs”. Documents can be submitted in person or sent by mail with a description of the attachment, or in electronic form.

Required documents:

1. Completed registration card:

  – registration card (Form 1) – for state registration of a legal entity formed by establishing a new legal entity or registration card (Form 2) – for state registration of a legal entity formed by reorganization of an existing (existing) legal entity (legal entities) in the result of a merger, division, separation or transformation. An application for election of a simplified taxation system by a legal entity and / or a registration application for voluntary registration as a value added taxpayer in the form approved by the central executive body that ensures the formation and implementation of state tax and customs policy may be attached to the registration card.

https://minjust.gov.ua/m/formi-zayav-u-sferi-derjavnoi-reestratsii-yuridichnih-osib-fizichnih-osib-pidpriemtsiv-ta-gromadskih-formuvan-8148

For reference: In case of submission of documents by mail, the authenticity of the applicant’s signature on the registration card must be notarized.

2. Decision of the founders or their authorized body on the establishment of a legal entity (copy of the original, photocopy, notarized copy)

          – minutes of the general or constituent meeting of the founders or the decision of the founder.

3. Two copies of the constituent documents:

          – the charter (or regulations, or the founding agreement) is stitched, numbered and signed by the founder (founders) or authorized persons.

For reference: the charter is not submitted when creating a legal entity on the basis of a model charter approved by a resolution of the Cabinet of Ministers of Ukraine. The registration card shall be marked with a reference to a standard constituent document.

For reference: The administrative fee is not collected.

Additional documents:

1. Document certifying the authority (power of attorney, power of attorney, etc.) – if the documents are submitted by a representative.

2. A document on the provision of land ownership or lease – for the establishment of a farm. It may be:

          – a copy of the State act on the right of private ownership of the founder of the land;

          – a copy of the State Act on the right of permanent use of land by the founder;

          – a copy of the agreement on the right to use the land by the founder, in particular on lease terms.

3. Document confirming the registration of a foreign person in the country of its location, in particular an extract from the commercial, banking or court register, which must be legalized in the prescribed manner – if the founder is a foreign legal entity.

4. Transfer deed – to create a legal entity as a result of a merger, acquisition or transformation.

5. Distribution balance – to create a legal entity as a result of division or separation.

6. A copy of the decision of the Antimonopoly Committee of Ukraine or the Cabinet of Ministers of Ukraine on granting permission for concerted actions or concentration of business entities – to create a legal entity that can hold a monopoly position in the market.

Term of service provision: state registration of a legal entity is carried out on the day of receipt of documents,

provided by this Law (Article 25 of the Law of Ukraine “On State Registration of Legal Entities and Individualspersons – entrepreneurs “).

https://zakon.rada.gov.ua/laws/show/755-15#Text

The result of the service: one copy of the original constituent documents of the legal entity and an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs – within 24 hours, except weekends and holidays, after receiving the state registrar from statistics, state fiscal service, Pension Fund of Ukraine data on registration of a legal entity (Article 25 of the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs”).

Authorizations (permits) for fishing activities

Carrying out fishing activities by economic entities without obtaining permits that give them such a right – is prohibited by law. To find out what permits are required, how to get some of them and who issues them – read further in the publication.

What permits are obtained for fishing activities?

Fishery activity is the activity of legal entities and natural persons – entrepreneurs related to the study of aquatic bioresources, their protection, reproduction, special use, processing, sale, etc. (Article 1 of the Law of Ukraine “On Fisheries, Industrial Fisheries and Protection of Aquatic Bioresources” (hereinafter – the Law on Fisheries).

Article 23 of the Law on Fisheries stipulates the need for economic entities to obtain the following permit documents in the course of their activities:

– permission for special use of aquatic bioresources in fishery water bodies (their parts);

– permission for special use of aquatic bioresources outside the jurisdiction of Ukraine;

– form of registration of catches (re-exports) of Antarctic and Patagonian fangs;

– permit for import and export of specimens of wild fauna and flora, certificate for traveling exhibitions, re-export and introduction from the sea of ​​these specimens, which are subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, in part sturgeon fish and products made from them;

– confirmation of the legality of extraction of aquatic bioresources from their habitat and processing of fishing products (if necessary, the business entity to carry out foreign trade operations);

– other permitting documents provided by international agreements of Ukraine.

What is the procedure for issuing a permit for special use of aquatic bioresources in fishery water bodies (their parts) and the term for which it is issued?

According to Article 9 of the Law of Ukraine “On Administrative Services”, administrative services are provided by the subjects of administrative services directly or through the centers of administrative services.

The procedure for issuing permits to economic entities (legal entities or natural persons-entrepreneurs) for the special use of aquatic bioresources in fishery water bodies (their parts) (hereinafter – the Permit) is determined by the Procedure for issuing permits for special use of aquatic bioresources in fishery water bodies. projects (parts thereof) or refusal to issue it, re-issuance and revocation of the said permit, approved by the resolution of the Cabinet of Ministers of Ukraine dated 30.10.2013 № 801 (hereinafter – the Procedure № 801).

The procedure № 801 stipulates that the permit for special use of aquatic bioresources in fishery water bodies (their parts) (hereinafter – the Permit) is issued by the territorial body to the business entity for commercial fishing, catching aquatic bioresources in research, scientific and industrial , research and development purposes, as well as determining their sanitary and epidemiological status, reclamation of aquatic bioresources in order to form their optimal species and age composition, capture of aquatic bioresources in order to obtain biological material for artificial reproduction of their stocks and aquaculture, recreational and sport fishing in water bodies of public use, which exceeds the established volumes of free catch.

The permit is issued for each fishery water body (its part) and must be located directly at the place of special use of aquatic bioresources (paragraph 2 of the Procedure № 801).

The permit is issued free of charge (paragraph 5 of the Procedure № 801).

In order to obtain the Permit, the business entity submits the following documents (paragraph 3 of the Procedure № 801):

1. Application for a Permit.

2. Certificate of availability of fishing vessels (vessels), permitted fishing gear (in accordance with the requirements of fishing rules and regimes) and fish receiving points (the location of which is agreed in accordance with the law) at a designated fishery water body (part thereof) ) (hereinafter – Help).

3. Work program, which defines the methods, purpose and objectives of work, types and number of fishing vessels (vessels), the name and number of necessary fishing gear, in the case of catching aquatic bioresources in research, scientific-industrial, research and development purposes, control catch of aquatic bioresources to determine their status and stocks, catch of aquatic bioresources in order to obtain biological material for artificial reproduction of their stocks and aquaculture.

4. The document on the basis of which the right to special use of aquatic bioresources arose.

Forms of Reference and Permission are given in Annexes 1 and 2 to Procedure № 801.

A permit or written notice of refusal to issue such a Permit shall be issued within five working days from the date of submission of the specified package of documents by the business entity, the validity of the issued Permit being five years (Article 24 of the Law on Fisheries and paragraph 5 of the Procedure № 801).

On what grounds can they refuse to issue a Permit?

Article 24 of the Law on Fisheries, paragraph 6 of the Procedure № 801 provides grounds for refusal to issue a Permit:

– submission of an incomplete package of documents required to obtain a permit;

– detection of inaccurate information in the submitted documents;

– lack of scientifically substantiated information on the special use of aquatic bioresources (decision of the State Fisheries Agency);

– no share of the unallocated limit of aquatic bioresources;

– systematic gross (three or more) violations during the year of the requirements of the legislation in the field of protection, use and reproduction of aquatic bioresources;

– non-payment for the time of consideration of the issue of issuing a permit of penalties for violation of the legislation in the field of protection, use and reproduction of aquatic bioresources or the presence of uncompensated damage caused to fisheries;

– the presence of overdue debt to the state or local budget;

– use of the allocated amount of aquatic bioresources by less than 75% during the previous four years.

Under what conditions can such a Permit be revoked?

Article 24 of the Law on Fisheries and paragraph 7 of the Procedure № 801 provide the following grounds for revocation of the Permit:

– application of the business entity with an application for revocation of the Permit;

– liquidation of a legal entity or termination of entrepreneurial activity of a natural person – entrepreneur to whom the Permit has been issued;

– court decision on revocation of the Permit;

– systematic (three or more) gross violations during the previous year of the requirements of the legislation on protection, use and reproduction of aquatic bioresources;

– establishing the fact of providing inaccurate information in the application and the documents attached to it.

What is the procedure for issuing confirmation of the legality of extraction of aquatic bioresources from their habitat and processing of fishing products?

In accordance with paragraph 2 of the Procedure for issuing confirmation of the legality of extraction of aquatic bioresources from their habitat and processing of fishing products (if necessary, the business entity for foreign trade operations), approved by the Cabinet of Ministers of Ukraine from 04.07.2012 № 596 (hereinafter – Resolution № 596 ), confirmation of the legality of removal of aquatic bioresources from their habitat and processing of fishing products (if necessary, the business entity for foreign trade operations) (hereinafter – confirmation) is a document certifying the accuracy of information provided by the shipowner whose vessel extracted aquatic bioresources from the environment of their existence (hereinafter – the shipowner), by assigning him a serial number and issued:

– State Fisheries Agency – shipowners who extract aquatic bioresources in waters outside the jurisdiction of Ukraine;

– territorial bodies of the State Fisheries Agency – shipowners who carry out the extraction of aquatic bioresources in the exclusive (marine) economic zone of Ukraine, the territorial sea, inland fishery water bodies.

Paragraph 3 of Resolution № 596 stipulates that the shipowner or the person authorized by him shall submit an application for receipt of confirmation, which shall contain the following information:

– name of the permit document;

– type of activity according to NACE;

– for a legal entity – full name, location, identification code;

– for a natural person – entrepreneur – last name, first name, patronymic (if any), data on place of residence, registration number of the taxpayer’s account card (not indicated by an individual who due to his religious beliefs refuses to accept the registration number of the taxpayer’s account card taxes and notified the relevant body of the state tax service and has a mark in the passport – a copy of this mark is submitted) and consent to the processing of personal data.

If the removed aquatic bioresources or processed catch products are intended for domestic trade operations, documents on their removal, processing and information on cargo transportation (transport parts) shall be submitted in Ukrainian; foreign trade operations – in English.

The term for issuing a confirmation or sending a notice of refusal to the shipowner is 10 days from the date of receipt of the request.

Confirmation is issued free of charge (paragraph 5 of the Procedure № 596).

The grounds for refusal to issue a certificate are:

– submission by the shipowner of the documents required to obtain confirmation, in incomplete volume;

– detection of inaccurate information in the documents submitted by the shipowner.

The grounds for cancellation of confirmation are:

– application of the shipowner with a statement on cancellation of the confirmation;

– termination of a legal entity (merger, acquisition, division, transformation or liquidation);

– termination of entrepreneurial activity of a natural person – entrepreneur;

– detection of inaccurate information in the application and the documents attached to it.


Financing opportunities/tools/instruments available for the aquaculture sector in Ukraine

Loans provided by banks

Banks provide legal entities (companies, farmers, etc.) with various types of loans for ordinary business or investment (for example, the purchase of equipment, expansion of production or investment in buildings).

Banks that provide loans:

Privatbank – https://privatbank.ua/

Ukrgazbank – https://www.ukrgasbank.com/

Oshchadbank – https://www.oschadbank.ua/

Ukreximbank – https://www.eximb.com/

Kredobank – https://kredobank.com.ua/

FUIB – https://www.pumb.ua/

Raiffeisen Bank Aval – https://raiffeisen.ua/

TAScombank – https://tascombank.ua/

Bank Vostok – https://bankvostok.com.ua/

Alfa Bank – https://alfabank.ua/

Credit-Agricole – https://credit-agricole.ua/

OTP Bank – https://ru.otpbank.com.ua/

Bank Pivdennyy – https://bank.com.ua/

State program Available loans 5-7-9% (loan refinancing)

What is it about?

The program offers partial compensation of the interest rate on the hryvnia loan in combination with the mechanism of partial credit guarantees to solve the problem of lack of collateral and insufficient credit history. The program is implemented by the Entrepreneurship Development Fund established under the Ministry of Finance of Ukraine (formerly the German-Ukrainian Fund) through a network of partner banks in partnership with the Ministry of Economy and the SME Office to prevent outbreaks and epidemics and pandemics COVID-19 caused by the coronavirus SARS-CoV-2, as well as to prevent and overcome their consequences.

For whom?

Micro and small businesses with an annual operating income of no more than the equivalent of € 20 million, including related counterparties

What is offered?

1. Refinancing of an investment loan for up to 5 years with an interest rate:

– 5% (if the annual income from activities does not exceed UAH 50 million, and subject to the creation of new jobs)

– 7% (if the annual income from activities does not exceed UAH 50 million)

– 9% (if the annual income from activity makes from 50 million UAH)

For the following investment purposes:

• acquisition and / or modernization of fixed assets by a business entity, except for the acquisition of vehicles (except those that will be used for commercial and industrial purposes);

• acquisition of non-residential real estate for the purpose of conducting business activities by a business entity without the right to transfer such real estate for paid or free use to third parties;

• construction, reconstruction, repair of premises in which the business entity conducts the main economic activity (except for office premises), which are owned or used by the business entity;

• acquisition of intellectual property rights under commercial concession (franchising) agreements related to the implementation of an investment project by a business entity;

• working capital financing, when the need for such working capital is an integral part of the cost of the investment project, amounting to no more than 25 percent of the cost of the project financed by credit funds;

Also, a reduction in the interest rate on the loan by 0.5% for each job created up to a maximum of 5%.

2. Refinancing of an investment loan for up to 5 years with an interest rate of 0% (preferential loan during the quarantine period and 90 days, after that – 3% per annum) for:

• refinancing of debts of a business entity on a loan (loans) granted (provided) by a bank (banks) of Ukraine, for investment purposes related to the production of medicines and / or medical devices and / or medical equipment

3. Preferential loan for up to 5 years with an interest rate of 0% (until March 31, 2021, and after this date – 3% per annum) on:

• refinancing of debts of a business entity on a loan (loans) granted (provided) by a bank (banks) of Ukraine

For the following types of loans:

• investment loans

• working capital loans

To obtain a loan, the applicant must:

• ensure the preservation of at least 50 percent of the payroll and 50 percent of the staff compared to March 1, 2020 (in the case of employees).

4. Partial credit guarantee (subject to the bank’s accession to this mechanism, which should be requested in advance at the bank branch) in the amount of:

– 50% of the loan amount (for investment loan at the rate of 5% / 7% / 9%)

– 80% of the loan amount (for preferential refinancing)

5. Deferred payment for the repayment of the loan or part thereof:

• up to 12 months, but not more than 31.12.2021

What do you need?

Obtaining a loan refinancing involves:

• compliance with the direction of activity

• compliance of the project with the program conditions and requirements of banks

Within refinancing at 0% including:

• retention of> 50% of the payroll and> 50% of staff

You can get a soft loan within the anti-crisis measures during the quarantine period established by the Cabinet of Ministers of Ukraine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2, or restrictive measures related to its spread, and during 90 days from the date of its (their) cancellation.

Loans under the new rules will be available to micro and small businesses immediately after the Board of the Fund for Entrepreneurship Development makes appropriate changes to the Program “Affordable Loans 5-7-9” and renews the Fund’s agreements with banks that provide loans

Limitation

Under the terms of the Program, the following may not participate in it:

• legal entities, the founders and final beneficiaries of which are individuals – non-residents of Ukraine

• persons who have outstanding debts to the State or local budget, the Pension Fund, funds of compulsory state social insurance

• persons with a negative credit history and overdue loans

• persons in respect of whom bankruptcy proceedings have been opened in a bankruptcy / insolvency case and / or are in a state of reorganization / liquidation

• persons who during the last 3 years received state support in excess of the amount equivalent to 200 thousand euros (total for a group of related companies)

• persons whose accounts have been seized or blocked or in respect of whom there are public encumbrances in the State Register of Encumbrances on Movable Property

• other restrictions that are directly established by the legislation of Ukraine

• the maximum amount of all loans received by the business entity and members of the group of related counterparties during the term of the Program may not exceed UAH 50 million

The final decision on the loan under the program is made by the bank to which you applied and determines the list of required documents.

Beside this...

• Interest compensation is provided by the Business Development Fund directly to the partner bank, you pay only a reduced rate

• A loan for investment purposes is issued by transferring funds by the bank to the account of the supplier of fixed assets in accordance with the provided estimate and accounts

• The maximum amount of bank fees is 1% (additional 0.5% in case of a loan guarantee)

• The provision of state support provided for in this Procedure may be carried out together with state support of local administrations and self-government bodies.

Where to find detailed information?

In the branch and on the website of the partner bank:

Alliance Bank, Privatbank, Ukrgasbank, Oschadbank, Ukreximbank, Kredobank, Lviv Bank, FUIB, Raiffeisen Bank Aval, TAScombank, Vostok Bank, Globus Bank, Alfa Bank, Polycombank, Megabank, Credit Agroprost, Credit Agroprost, Ukrainian Capital Bank, ProCredit Bank, Accordbank, MTB Bank, Piraeus Bank, Asvio Bank, Commercial Industrial Bank, MetaBank, Pivdennyi Bank, Radabank, Credit Dnipro Bank