Can foreigners open a charity fund in Ukraine?
14/11/23 | ||
Author: Volodymyr Gurlov Legal services in Ukraine: Registration of charitable organization in Ukraine |
Yes, foreigners are welcome to open and operate charity funds in Ukraine. The legal framework supports international involvement in philanthropic activities, recognizing the potential for positive contributions from individuals and organizations outside the country.
Related article: Registering a Charitable Fund in Ukraine: A Step-by-Step Guide
Are there any restrictions when opening the charity fund?
While the door is open for foreign individuals and entities, there are certain restrictions and regulations to consider:
- Legal Presence in Ukraine: Foreigners looking to establish a charity fund must have a legal presence in Ukraine, which often involves setting up a local legal entity. This can take the form of a non-governmental organization (NGO) or a charitable foundation. If you want to be a Head of the NGO, this will require a work permit. Simply opening the NGO will require a TIN.
- Mission Alignment: The charitable activities proposed by the foreign-founded fund should align with Ukrainian laws and cultural values. Certain activities may be restricted or require special permissions.
- Reporting and Transparency: Foreign charity funds must adhere to Ukrainian reporting and transparency standards. This includes regular financial reporting and compliance with local regulations governing charitable organizations.
Of course, the situation will depend on:
- Who will be the founder of the charity foundation - foreigner citizen or foreign NGO?
- Do you plan to stay in Ukraine as a Head or worker in an NGO?
- What type of activity do you plan for your NGO?
Our main task, as a team of lawyers, is to understand your needs and goals in Ukraine, and offer the optimal, safe option.
Related article: Find an accountant and a lawyer for a charitable organization in Ukraine
Procedure for Opening a Charity Fund
- Choose a Legal Form: Decide on the legal form of your charity fund, whether it's an NGO or a charitable foundation. Each form has its own set of regulations and implications.
- Register the Fund: Register the charity fund with the relevant Ukrainian authorities. This typically involves submitting a set of documents, including the fund's charter, information about its founders, and details about the planned charitable activities.
- Obtain Tax-Exempt Status: Seek tax-exempt status for your charity fund by applying to the State Tax Service of Ukraine. This status is crucial for the fund's financial sustainability and attracting potential donors.
- Open a Bank Account: Establish a bank account for the charity fund in a Ukrainian financial institution. This account will be used for managing donations, grants, and the fund's operational expenses.
- Charter of the Fund: A legal document outlining the objectives, structure, and governing rules of the charity fund.
- Founders' Information: Detailed information about the founders of the fund, including personal and contact details.
- Confirmation of Legal Presence: Proof of the legal presence of the foreign founder in Ukraine, which may include registration documents for a local entity.
- Details of Charitable Activities: A comprehensive plan detailing the nature and scope of the charitable activities the fund intends to undertake.
What documents are required?
While there are legal and procedural steps to navigate, the opportunity for foreigners to open and operate a charity fund in Ukraine reflects the country's openness to international collaboration in the realm of philanthropy. By following the established procedures, adhering to regulations, and aligning with the local cultural context, foreign philanthropists can play a vital role in contributing to the well-being of Ukrainian communities.
Our lawyers will fully support the registration procedure of NGOs in Ukraine, regardless of the form of organization that you need. We also offer further services to organizations - accounting, personnel and legal.
The cost of registering a charitable foundation is here.