Legal services of industrial park registration in Ukraine

Important to know

According to the law of Ukraine on industrial parks as of today industrial parks have a lot of potential in terms of generation of profits for both municipal/state authorities and individuals/companies. After successfully representing a number of clients in cases related to opening of industrial parks and providing legal support in regard to their day-to-day activities our law firm introduces a service of industrial park registration in Ukraine.

Among other things our firm deals with preparation of paperwork that is required for registration of your industrial park in the register of industrial parks. Completion of such a registration procedure will subsequently allow you to get tax exemptions from the state in the future.

Duration of business park registration in the official state register – 30 days.

Cost of legal support of the registration procedures is negotiable and depends on the scope of the project and requested services.

Also, our lawyers can help you with other issues of industrial park creation and functioning in Ukraine. More details can be found below.

Documents that are necessary for registration of industrial park in Ukraine and its inclusion in official register:

• application on inclusion in the Register of industrial parks;
• decision regarding creation of industrial park;
• concept of industrial park;
• certificate from the State land cadaster concerning land plot where the industrial park is located;
• if available it is also necessary to file name of the managing company and members of the industrial park. 

Concept of your industrial park has to be developed in accordance with the requirements of the law and include the following information:

• name of the industrial park;
• name of the party initiating establishment of the industrial park;
• goal and tasks of the park;
• information regarding location and sizes of land plots;
• estimated duration of industrial park creation;
• requirements for members of the park;
• plan concerning supply of the park with all the necessary resources;
• development plan;
• quantity of resources that are necessary for functioning of the park, sources of their obtainment;
• model of the industrial park functioning;
• results of the park functioning;
• other information at initiating party’s consideration.

It should be noted that the documents have to be filed with the Ministry of Economic Development and Trade of Ukraine not later than 3 days after the decision regarding industrial park creation is made. Such document has to comply with the concept of the new park. As of this stage the initiating party based on the made decision can sign contracts with the managing company about creation and functioning of the industrial park.

Conditions for and procedure of managing company choosing and choosing of industrial park members

Choice of such company is an important step since it will be responsible for development of industrial park and organization of its activities. Selection procedure depends on the ownership rights to the land plot where the industrial park is located. If we deal with state or municipally owned land then open bidding takes place (based on conditions set by the law of Ukraine “On industrial parks”). If the land plot is privately owned then the initiating party can freely choose the selection procedure.

Members of the industrial park have to meet the following criteria:

• be a registered business entity;
• place of business entity registration has to coincide with the administrative unit (city, town, village) where the park is located;
• be either privately owned or state/municipally owned.

Business entity can acquire membership in the following cases:

• by signing contract with the managing company;
• by purchasing property of the industrial park or share of land plot that it is built on.

Contract on creation and functioning of industrial park

Contract on creation and functioning of industrial park is signed by two parties – initiating party and managing company. There is a standard contract on creation and functioning of industrial park (approved by the authorized state agency). Material terms of such contract include its subject, duration, information about land plots, procedure and conditions for managing company’s activities, procedure and conditions of involvement of new members, procedure for reporting to the initiating party. Decision regarding creation of industrial park, its concept and business plan are parts of the contract. Upon signing the contract, the initiating party has to notify the authorities in charge about such action and obtainment of managing company status by the legal entity.
There is a whole other task to open various bank accounts in Ukrainian currency. We can help with that. Remember that the official currency in Ukraine is hryvnia, and all the transactions must be made with it.

Contract on conduction business activities

Contract on conduction of business activities is signed by two parties – managing company and business entity (future member of the industrial park). There is no standard contract but there are material terms of such contract provided by the law of Ukraine “On industrial parks” which include: types of activities, preferences for Ukrainian employees, duration of contract, procedure for improvement of engineer and transport infrastructure, rights and obligations of the parties, liability of the parties, dispute resolution procedure, financial matters and investment obligations of the future member, contract prolongation and termination.