Opening of a representative office in Belarus
- Instruction plan
- Our legal services
- Related instructions
- Issuance of powers to representatives
- We determine the legal address
- Representation Regulations
- We pay the duty
- Submitting documents to the Ministry of Foreign Affairs
- Opening a bank account
- Submitting post-registration information to the Ministry of Foreign Affairs
One of the classic forms of the presence of a foreign company on the territory of the Republic of Belarus, along with the creation of a subsidiary legal entity, is the opening of a representative office, acting on the basis of the permission of the Ministry of Foreign Affairs of the Republic of Belarus. At present, foreign missions are not entitled to engage in entrepreneurial activities on the territory of the Republic of Belarus, that is, to receive income, profit. However, the demand for this form of presence does not completely disappear. This form is quite prestigious and enjoys a high degree of confidence in the Belarusian business community. So, when negotiating with the head of the representative office, the counterparties will understand that they are negotiating with a foreign company directly, and not with the director of a Belarusian legal entity, which has an unclear composition of participants. Therefore, if you need a subsidiary structure on the territory of the Republic of Belarus for technical, representative purposes, then you need to consider the possibility of opening a representative office.
Step 1. Issuance of credentials to representatives.
The head of a foreign representative office, like a branch of a Belarusian legal entity, acts on the basis of a power of attorney from the parent organization. This power of attorney provides for a wide range of powers to manage the representative office and represent the interests of the parent company. The power of attorney is notarized and, if necessary, legalized. Sometimes a separate power of attorney is issued to a lawyer or other person who is opening a representative office. Such a power of attorney must contain the authority to submit documents to the Ministry of Foreign Affairs of the Republic of Belarus, obtain permission, and sign a provision on representation.
Step 2. Determine the legal address of the representative office.
You must obtain a letter of guarantee from the landlord regarding the address of the location of the dealership. For this purpose, a non-residential administrative building is suitable, adapted for the work of at least the head of a representative office.
Step 3. Approval of the regulations on representation.
The position of the representative office is a document regulating its activities. The provision on representation by the authorized body of the parent corporation is approved, which is determined in accordance with the law of the place of incorporation of this corporation. The position can be signed both by the head of the parent corporation and by an authorized representative. If the statement of representation is signed by an authorized representative, then it must be notarized. At the present time, no mark on registration of the provision on representation in the Ministry of Foreign Affairs is put down. Therefore, it is enough to prepare two properly signed provisions. The regulation on the representative office must comply with the legislation of the Republic of Belarus, contain information about the location of the representative office, the head organization, the functions of the head of the representative office, the purposes of its activities.
4 step. We pay the state fee.
For the issuance of a permit to open a representative office of a commercial organization, a state fee is paid in the amount of 65 basic units for each year of activity. Currently, the permit is issued for at least 3 years, therefore it is necessary to pay about 2 Euro, based on the size of the base amount as of 000. It is also possible to pay the state duty in foreign currency, for which you can find out the relevant details on the website of the Ministry of Foreign Affairs. Conversion into foreign currency is carried out at the rate of the National Bank of the Republic of Belarus on the day of payment.
Step 5. Submitting documents to the Ministry of Foreign Affairs.
The following documents are submitted to the Ministry of Foreign Affairs: 1. Application for opening a representative office. 2. Regulations on representation. 3. Legalized and translated extract from the commercial register in relation to the parent organization. 4. Power of attorney for the head of the representative office. 5. Receipt for payment of the state fee. 6. Documents confirming the powers of the applicant.
The term for consideration of documents is 10 working days. For the purpose of additional verification, this period may be extended up to 1 month. If the submitted documents comply with the legislation, the Ministry of Foreign Affairs makes a decision to issue a permit.
Step 6. Registration.
When opening a foreign representative office, it should be borne in mind that its registration is not carried out automatically, as is the case with Belarusian commercial newly created organizations. Thus, a foreign representative office is obliged to register with the tax authorities at the legal address specified in the regulations on the representative office within 10 working days from the date of receipt of the permission of the Ministry of Foreign Affairs. Only after receiving a notice of registration with the tax office, the head of the representative office can open a bank account. It is also necessary to register with the Belgosstrakh and the Federal Social Security Service (if there are employees who are residents of the Republic of Belarus). For registration by an authorized person, applications of the established form are submitted, to which copies of the permission of the Ministry of Foreign Affairs, regulations on the representation, power of attorney for the head of the representation are attached.
Step 7. Open a bank account.
After being registered with the tax inspectorate, the head of the representative office opens an account in a Belarusian bank to carry out financial settlements. Usually, to open an account, banks require a copy of the permission of the Ministry of Foreign Affairs, a power of attorney for the head of the representative office and the regulations on the representative office. However, each bank has the right to establish this information individually, therefore, having decided on the bank, it is worth clarifying which documents are required directly in it.
Step 8. Submitting post-registration information to the Ministry of Foreign Affairs.
Within 1 month from the moment of receiving permission to open a representative office, its head submits to the Ministry of Foreign Affairs a copy of the staffing table, information on registration with the authorities that control the payment of mandatory payments, open bank accounts, as well as contact information (phone / fax) of the representative office.
"Full construction" from 400 EUR or 1500 BYN
- Consultation on the opening of a representative office;
- Accompanying the opening of a representative office in all government bodies or without the participation of the client by power of attorney.
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