Voting by Foreign Owner's Representative at General Meetings
· WOWERI
Court ruling on voting by foreign owner's representative. Implications for foreign companies and permanent representation.
Introduction
A recent court ruling has stated that voting by a foreign owner's representative at general meetings does not constitute permanent representation. This ruling has significant implications for foreign companies operating in Ukraine.
Permanent Representation
Permanent representation refers to a situation where a foreign company has a permanent presence in another country. This can include opening an office, hiring employees, or engaging in activities that are typically carried out by a company.
Court Ruling
The court ruling states that participation in meetings, voting, and managing accounts of a company is considered an exercise of shareholder rights, not a business activity. This means that foreign companies can operate in Ukraine without establishing permanent representation.
Implications for Foreign Companies
This ruling has significant implications for foreign companies operating in Ukraine. Foreign companies should be aware that their activities in Ukraine may be considered permanent representation if they engage in activities that are typically carried out by a company.
Conclusion
In conclusion, the court ruling on voting by a foreign owner's representative at general meetings has significant implications for foreign companies operating in Ukraine. Foreign companies should be aware of the potential for their activities to be considered permanent representation and take steps to comply with Ukrainian law.
What to do next
Source: biz.ligazakon.net