Due to the war in Ukraine some legal procedures have been simplified or postponed. However, certain procedures remained unchanged. Below Mazar's team provides you with the list of the procedures that are mandatory for companies despite martial law.
Non-resident employees
Requirement to prolong documents
Currently, there are no legislative changes which provide for automatic prolongation of the validity of work permits and temporary residence permits in Ukraine. The documents are valid within the period specified therein. Now prolongation of work permits for citizens of Russia and Belarus require getting relevant permission from the Security Service of Ukraine by the Employment Service, so the procedure takes more time.
Requirement to cancel documents
Work permits and temporary residence permits in Ukraine should be cancelled and returned to the relevant state authorities in case of their expiration or termination of the employment relations.
Corporate issues
Obligation to hold annual general meeting of LLC shareholders
In accordance with the law, the annual general meeting of the shareholders should be held within 6 months of the year following the reporting year. The legislation establishes a list of issues that are mandatory for consideration at the annual general meeting of LLC shareholders.
Requirement to approve significant transactions
Any company’s transaction which exceeds 50 percent of the net assets of the LLC according to the last approved financial statement should be preliminary approved by the general meeting of the shareholders, unless otherwise stipulated by the company’s charter.
Contract law
Prolongation of the contracts. Postponement of the obligations
Current legislation does not provide for automatic prolongation of contracts as well as the postponement of the obligations due to the inability to perform.
Considering the above, to avoid any negative consequences, we recommend checking:
1) the validity of the work permit and temporary residence permit of non-resident employees; 2) the term of contracts concluded by the company; 3) the due dates of the obligations undertaken by the company; 4) fulfillment of corporate requirements
Natalia Kirsenko Legal Manager, Tax & Legal department
If necessary, Mazars legal team will be happy to help you prepare all the documents necessary to fulfil the established requirements of the law.
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