The Cabinet of Ministers of Ukraine by its Resolution “On Approval of License provisions of tour operator activities” of 11.11.15, № 991 approved new License provisions of tour operator activities.
The Resolution amended the list of documents to be submitted together with the application for license obtaining:
- the data on places of tour operator activities should be submitted instead of the data on the availability of own or leased office space (office) (Annex 2 to the Resolution № 991);
- also, it is required to submit copies of documents (extracts) certified by the head (authorized agent), which confirm qualification level and work experience of the director;
- a copy of the document confirming the financial provision of civil liability to the tourists (bank guarantees or other credit institution) should be certified by the head of license applicant (authorized agent). In other words, this copy is not required to be certified by a notary.
The State Fiscal Service of Ukraine in its letter “On adjustment of financial result before imposition of company income tax dated 01.01.2015” of 01.12.15, № 26240/10/28-10-06-11 notes that sec.III TCU does not provide the adjustment of financial result before taxation on obtained amount from 01.01.15 and not returned repayable financial assistance from income tax defaulter.
In addition, according to the controllers, it is not provided adjustments of financial results on goods cost (works, services, non-current assets) purchased from unified tax payers.
It is commented in the letter: there are no adjustments of financial result before taxation and on the amounts of interests for using of tax instalments. These expenses are involved when determining financial result before taxation according to the rules of accounting.
The National Bank of Ukraine by its resolution “On approval of Amendments to the Regulations on procedure of opening, using and closing of accounts in national and foreign currencies” of 27.11.15, № 833 amended the Regulations on procedure of opening, using and closing of accounts in national and foreign currencies, approved by the NBU Board dated 12.11.03, № 492 (hereinafter - Regulation).
1. Section 2 of the Regulation is dedicated now not only to identification but also to verification of clients. It should be noted that verification of a client means identifying (confirmation) of correspondence of the client (his/her authorized representative) by the entity of initial financial monitoring in his presence using received identification data from him/her (para. 1 of Art. 1 of the Law of Ukraine “On preventing and combating legalization (laundering) of proceeds of crime, terrorist financing and the financing of spread of weapons of mass destruction” of 14.10.14, № 1702-VII).
During the identification and verification of the client the bank should establish identification data of this customer under Art.9 of mentioned Law.
2. The restrictions on the opening of only one current account (in national and/or foreign currency) are removed for contracts on joint activity without creating legal entity.
3. The Regulation is supplemented by a requirement to authorized bank employees to certify by their signatures/electronic signatures the printed/copied information from the Unified State Register of Legal Entities and Entrepreneurs on the business entity, received in the form of open access via the official website of the Ministry of Justice of Ukraine.
4. The Regulation is amended be the following norm for investors-companies: under the bank deposit agreement, at the request the bank is obliged to issue a contribution or part thereof on first-demand. The return of bank deposit account and interests to investor-business entity at the demand to the expiration of the term is possible only when it is provided for by the contract conditions of bank deposit account. It should be noted that Art.1060 of the Civil Code of Ukraine (hereinafter - CCU) provides for such conditions. This new norm replaced the previous one according to which accrued interest on deposits of business entity could be transferred to current account or be credited to contributions replenishment under the contract.
5. The similar amendments are made also for investors-individuals. It is legislated in the Regulation, the issuance of deposit (or part thereof) investor-individual at the first request regardless of the contract conditions of bank deposit account. However, this condition was not consistent with Art.1060 of the CCU.
The National Bank of Ukraine by its Resolution “On settlement of the situation in the monetary and foreign currency exchange markets of Ukraine” of 04.12.15, № 863 extended currency restrictions.
Thus, the regulator extended requirements on:
- compulsory sale of revenues in foreign currency in Ukraine in favor of legal entities in the amount of 75%;
- payments for transactions of export and import of goods to 90 days;
- prohibition of early repayment of credits by residents, loans in foreign currency under contracts with non-residents;
- reassessment from current account in foreign currency in amount not exceeding UAH 150 000 per month and others.
Also the following is implemented by the NBU Resolution:
- restriction on the transfer of currency in the amount of UAH 150 000 does not apply to non-cash payments, engaged with the use of electronic means of payment in order to pay for goods and services for personal consumption of individuals;
- it is abolished the ban on foreign currency buying for further transfer of funds received by foreign investors from selling of government bonds of Ukraine not only on stock exchanges, as before, but also beyond their borders;
- requirement of compulsory sale of 75% of currency does not apply any more to credits that are provided to the resident-borrower with participation of foreign export and credit agency to perform the obligations under import contract to non-resident, and cash security (guarantee, mortgage, earnest money, deposit), which is provided by the non-resident to participate in competitive bidding during implementation of public procurement;
- the banks are allowed not to perform compulsory sale of revenues, which to be returned at the initiative of the foreign bank recipient within 7 days after the date of their transfer (previously this term was 2 days).
The Supreme Court of Ukraine in its Resolution “On recovery of average earnings when the wage arrears by the company in ATO zone” of 11.11.15, with regard to case № 6-2159цс15 emphasized: if there is force majeure, the average wage for all the delays on the day of the actual payment should not be collected from the company in favor of a worker. The labour legislation does not regulate relations with the compensation of material and moral damage. Therefore, the provisions of civil law are applied to the requirements for compensation due to late payment of amounts to the employee i.e. a kind of compensation for property damage and compensation for moral damages.
A person, who has violated the obligations, is exempt from liability for its infringement, if the person proves that the violation to be due to accident or force majeure. The Chamber of Commerce and Industry of Ukraine (also its authorized regional chambers of commerce) certifies and issues a certificate of such circumstances.
Since the company had the certificate that confirmed the occurrence of force majeure before the dismissal of an employee, the court refused to collect average wage from the former employer for the delayed payment of wages and compensate the moral damage.
It should be reminded that force majeure (circumstance of insuperable force) - extraordinary and unavoidable circumstances, which objectively make it impossible to perform obligations under conditions of the contract (contract, agreement etc.), obligations under the laws and other regulations, such as: threat of war, armed conflict or serious threat of such conflict, including, but without limitation of enemy attacks, blockades, military embargo, acts of a foreign enemy, general military mobilization, war, declared and undeclared war, acts of public enemy, disturbances, acts of terrorism, sabotage , piracy, disorders etc.
