Open representative office in Belarus

Representation of a foreign organization is a legal form, which is ideal for a foreign company to probe the national market of Belarus. Our lawyers have opened many foreign representative offices, have extensive experience in this area of practice and are ready to advise and assist you at all stages of registration of the representative office in Belarus.

Which activities a representative office of a foreign organization is entitled to carry out in Belarus

A representative office of a foreign commercial company may carry out preparatory and auxiliary activities in the name and on behalf of the parent foreign organization, including the following:

• effective promotion of the implementation of the international treaties of the Republic of Belarus on cooperation in trade, economy, finance, science and technology, transport, search for opportunities for its further development, improvement of the forms of this cooperation, establishment and expansion of the exchange of economic, commercial, scientific and technical information
• studying the commodity markets of the Republic of Belarus
• studying investment opportunities in the territory of the Republic of Belarus
• creation of commercial organizations with the participation of foreign investors
• selling tickets and booking seats for air, rail, road and sea transport companies.

Who can open a representative office of a foreign organization?

The right to open a representative office of a foreign organization in the Republic of Belarus is granted to foreign commercial and non-commercial legal entities and other organizations registered in the established order in a foreign state.

Procedure for opening a foreign representative office in Belarus?

First of all, a foreign company must decide to open a representative office. The authorized body of the company shall draw up the decision in accordance with the legislation of the country where the parent company is located in the form of a protocol, the decision of the sole owner, etc. The decision approves the regulations on representation and determines the procedure for appointing a director and the legal address.

Opening of a foreign representative office is allowed on the basis of the permission of the Regional Executive Committee or the Minsk City Executive Committee. In order to receive it, it is necessary to prepare and submit the following package of documents:

• statement in the prescribed form
• copy of the document confirming the state registration of the foreign organization
• by-laws of the representative office
• project (for organizations planning to engage in public benefit activities)
• power of attorney to the head
• power of attorney to the person authorized to perform a set of actions on opening a representative office
• state duty payment document

A state duty in the amount of 65 base values for each year of the permit, which is equivalent to approximately 2,490 US dollars, is charged for the issuance of a permit to open a representative office of a foreign commercial organization.

Documents drawn up in a foreign language must be translated into Russian or Belarusian and legalized in accordance with the established procedure.

Permission to open a representative office is issued for a period of 3 years with the possibility of its extension for the same period.

The package of documents for opening a representative office is considered within a month. After the issuance of the permit, the representative office is obliged to become a tax resident, as well as a tax resident of the Social Protection Fund and the insurance organization “Belgosstrakh”.

Financing of the representative office in Belarus

The foreign parent company may freely transfer money and other property to the balance of the representative office. The representative office may also independently acquire property in the territory of the Republic of Belarus in the course of its activities. Regardless of the sources of the property on the balance, all property, including monetary funds, shall be the property of the parent foreign company.

The activity of representative offices within the framework of the programs approved by the foreign organization is associated with the possibility of allocation of financial, material and other resources (grants) to public organizations (associations) and individuals. Allocation of resources (grants) outside the implemented programs and projects is prohibited and may result in termination of the representative office activity.

Which bank accounts can a representative office open

A representative office has the right to open bank accounts in foreign currency and Belarusian rubles in the territory of the Republic of Belarus. The representative office is entitled to carry out currency transactions on bank accounts both in cash and in non-cash form.

How many foreign citizens can be members of the representative office’s workforce

The citizens of Belarus and foreign citizens may form the workforce of the representative office. The number of foreign employees of the representative office must not exceed five persons. In order to work for each foreign citizen (except for the head of the representative office and citizens of the EEU member-states) it is necessary to obtain a special permit to work. Employees perform their labor functions on the basis of labor contracts concluded with the representative office. In order to perform one-time work with the citizens of Belarus, civil law contracts can be concluded (independent-work contracts, etc.).

What taxes does a representative office pay in Belarus

Taxation of the representative office consists, among other things, of the payment of real estate tax in the amount of 1% of the value of buildings and structures per year, and in respect of objects of over-normative construction in progress – 2% of the value per year. The representative office is obliged to calculate and withhold income tax from the salaries of its employees, as well as pay mandatory insurance contributions to the Social Protection Fund in the amount of 35%.

We offer legal services on opening and registration of a representative office of a foreign company in Belarus

• We will develop a solution for a foreign company to open a representative office
• We will prepare the Regulations on the work of the representative office in Belarus
• We will accompany you in submitting the package of documents
• We will organize the production of a seal
• We will develop a draft power of attorney for the head of the representative office
• We will accompany you when opening a bank account
• We will notify the registration authority of the commencement of the activities of the representative office
• We will register a representative office with the tax and other state authorities