When relocating a company from Ukraine to Slovakia, it is necessary to take into account the legal situation of the company in Ukraine and also the new situation in which the company will come in Slovakia.
In relation to Ukraine, it is necessary from a legal point of view to resolve in particular employees and local suppliers, who need to be redirected to Slovakia if possible and if it makes financial sense. We recommend consulting a Ukrainian lawyer on this part of the transfer.
When relocating the company to Slovakia, it is first necessary to decide whether the company is to be founded “on a green field” or enters into a partnership with an already established Slovak company. It is obvious that if a Ukrainian businessman wants to enter into a partnership with a Slovak businessman, it is necessary to conclude a contract. It is mostly the so-called “Joint venture” contract, i. cooperation agreement, where the Slovak and Ukrainian entrepreneur sets the conditions for cooperation. For example, a Ukrainian entrepreneur can establish a limited liability company in Slovakia and enter into a cooperation with a Slovak entrepreneur to provide part of its free production capacity for a Ukrainian entrepreneur. Or a Ukrainian and a Slovak entrepreneur can enter into an agreement to set up a new company together, where they can agree on who will participate in the company and where the Ukrainian partner will supply e.g. know how, and a Slovak businessman e.g. people, or agree completely differently. But the result is one company.
The second variant is that the Ukrainian company will establish a new company in Slovakia (eg a limited liability company), which will be included in its property structure, for example as a subsidiary of a Ukrainian company. Alternatively, this company will be outside the Ukrainian property structure.
Whether a Ukrainian entrepreneur starts doing business in Slovakia alone, or in close or looser cooperation with a Slovak partner, will have a big impact not only on how to set up the entire project, but also on the company’s personnel policy, sales, supplies, resp. how banks will react to the project if the company applies for a loan.
From a legal point of view, the following must be taken into account when relocating:
- Agreement on cooperation with a possible Slovak entrepreneur
- Legal context and documentation at the establishment of the company, e.g. some activities require a separate license
- Contractual relationship to the place of business (lease / purchase) and related contracts (eg energy supply, waste disposal, etc.)
- Contractual relations with employees
- Contractual relations with customers
- Contractual relations with suppliers
- Customs duty on customs clearance of goods to the EU