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09.10.2007

Can a foreign national register in Belarus as an individual entrepreneur or set up a legal entity? If he can, what documents should be submitted? How long does the registration take? Can Belarusian nationals be hired? How much does the registration cost? What are the procedures for paying taxes? Are there any privileges, guaranties or support ion the part of the state? 

A foreign national cannot be registered as an individual entrepreneur. However, he can own a unitary foreign enterprise operating in Belarus.
The following documents should be submitted:

1. A certificate confirming the approval of the company name. 
2. An application of an established format.
3. A questionnaire of an established format for each individual acting as a company founder. 
4. A copy of a decision to set up a commercial entity adopted in accordance with the established procedure. 
5. Two copies of the company charter. 
6. Documents confirming the formation of the charter capital in line with applicable legislation (a payment or any other document stating that a monetary contribution into the charter capital was made; an expert statement confirming that the property contributed to the charter capital as in-kind contribution was correctly appraised).
7. Documents containing information about individuals acting as founders: a copy of the labor registration book, authenticated by a seal from the most recent place of employment or a copy of the pensioner’s certificate authenticated by an appropriate social security agency or a certificate issued by an employment.
8. For foreign nationals acting as founders: copies of their passports and a translation into Belarusian or Russian. The translator's signature shall be notarized. 
9. A guarantee letter or any other document confirming the right to site the company at the specified location, and the following documents for private unitary enterprises domiciled in residential premises: documents confirming the company founder's title to the property in question, a certificate about the composition of the founder's family, and consents of all adult family members to the location of the company on the premises. 
10. A document confirming the payment of the registration fee;
11. Two copies of a seal design.

On 1 June 2006 the period of registration was cut to 20 days.

Foreign-invested companies can hire Belarusian nationals. 

State registration of a unitary enterprise entails an average cost of 600 Euros. The registration fee is set at 60 Euros.

The investment legislation of Belarus mandates that commercial entities without the status of foreign-invested entities can be established. It means that foreign nationals or legal entities can act as founders of legal entities without contributing a minimum of 20,000 dollars to their charter capitals. Presently, the status of a foreign-invested company is little different from that of a local entity except for the obligation assumed by a foreign investor to make a stipulated contribution to the charter capital and some other insignificant features.

Whether or not an entity set up by a foreign firm is treated as a representative office depends on a multitude of factors  (locations at which the services are rendered and sold). Many of these factors are not defined in law and tax authorities enjoy a great deal of discretion in their assessment. To determine whether or not this entity will be deemed a representative office for taxation purposes, we should study the business plan in more detail.

Argument Legal Firm  
Tel/fax: (+375 17) 227 66 52
(+375 29) 389 89 89
(www.argument.by)

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