Foreign investments – values invested by foreign investors in objects of investment activity in accordance with the legislation of Ukraine with the aim of obtaining profit or achieving a social effect.
Foreign investors include foreign natural persons who do not have a permanent place of residence on the territory of Ukraine and are not limited in legal capacity.
Transactions for depositing and returning foreign investments in cash are carried out exclusively using accounts specified by the National Bank of Ukraine. Yes, non-resident natural persons must use their own investment account to carry out the specified operations.
Investment accounts – used exclusively for non-residents to carry out investment activities in Ukraine, to return foreign investments, as well as transactions related to such activities.
The return to a non-resident of foreign investments and other funds received from investment activities in Ukraine is carried out on the condition that the servicing bank is provided with documents that confirm the legality of the transaction and the list of which is established by the National Bank of Ukraine for each individual case (the exact list of documents is determined depending on the essence and specifics of the transaction). Among these documents, in particular, the following:
- Documents confirming the implementation of foreign investments (agreement on the performance of foreign investments, agreements on joint investment activities without the creation of a legal entity, documents confirming the rights of a foreign investor to the investment object, certificates of resident banks on the implementation of foreign investments by foreign investors in a foreign country currency/hryvnias, customs declarations on the importation of goods into Ukraine for the purpose of investment and/or other documents confirming the implementation of foreign investments in accordance with the requirements of Ukrainian legislation).
- Agreement on the return by a foreign investor of a foreign investment, income, profits, other funds received by a foreign investor from investment activities in Ukraine, and/or other documents confirming the amount of monetary obligations payable to a foreign investor based on the results of his investment activities in Ukraine.
- Agreement on the transfer of the object of foreign investment between non-residents, which provides for settlements outside Ukraine, with documentary confirmation of its execution (submitted under the condition of acquiring the ownership right of the investment object in the specified manner).
- An extract from the register of stock exchange agreements (contracts) concluded as a result of stock market trading, confirming that these operations were carried out using the electronic trading system of the stock exchange (in the case of purchase and sale of securities by foreign investors (non-residents) on Ukrainian stock exchanges). The extract must be signed by an authorized person of the stock exchange and also contain information about the terms of these agreements (including the number, date, and type of agreement, the subject of trading, its quantity and value, information about the trading participant and his customer – a foreign investor (non-resident), the date of execution agreement).
- Information/documents regarding the determination of the financial status of the subject of the foreign exchange transaction – a natural person.
- Statutory documents for a legal entity and documents on the registration of a legal entity.
- Information/documents regarding the ownership structure, ultimate beneficial owners (controllers), and the content of the activities of the participants in the foreign currency transaction.
- Information/documents that can confirm the compliance of the nature and size of foreign exchange transactions of the subject of the foreign exchange transaction with its financial condition and content of activities, as well as the content of the activities of counterparties.
- Documents confirming the investment (payment) and the foreign investor's ownership of corporate rights/investment certificates of the Ukrainian issuer, which are used to pay dividends; issuer's decision to pay dividends to a foreign investor, financial statements of a legal entity.
- Documents confirming payment of taxes on dividends which are paid off.
- Explanation of the purpose of carrying out further transactions from the investment account (in the future, documents related to the investment will be requested).
- Documents confirming the sources of origin of funds.