Belarus: new rules for representative offices of foreign companies

Permission to establish a foreign company’s representative office is no longer limited in time.

From 27 March 2022 permissions to establish a foreign company’s representative offices (to prolong their validity period) in Belarus are issued for an indefinite period. Previously, such permissions were issued only for three years with the possibility to prolong their validity for the same period.

Thus, permissions to establish a foreign company’s representative office or prolong the validity period of such permissions issued before 27 March 2022 are automatically considered unlimited in time.

From now on, the Ministry of Justice (previously – the Ministry of Foreign Affairs) carries out organizational and methodological support and coordination of the activity of executive committees and Administration of the “Great Stone” Industrial Park in issuing permissions to establish foreign companies’ representative offices, as well as in terminating the activities of these representative offices.

Moreover, the document package required to establish a representative office has been changed. Thus, a legalized extract from the trade register of the country of a foreign company’s residence should be issued no later than 6 months (previously – 3 months) before the submission date. Additionally, now there is a possibility to submit notarized copies of powers of attorney for the head of a representative office. Previously, original powers of attorney were required.

Furthermore, new rules directly determine the procedure for appealing administrative decisions regarding foreign companies’ representative offices. Thus, such decisions are subject to court proceedings. 

The new rules came into legal force from 27 March 2022.

Source: National legal internet portal of the Republic of Belarus (NLIP) 09.04.2022, 5/50110.

 

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