One of the problems the Ukrainian business may face is the impossibility of performance of its contractual obligations to a counterparty, tax liabilities for the payment of taxes and/or other liabilities due to the occurrence of the force majeure circumstances.
The force majeure concept itself is governed in Ukraine by the Law of Ukraine No. 671/97-ВР “On Chambers of Commerce and Industry in Ukraine” in force as of 01.01.2016. According to Clause 2 of Article 141 of the Law, “The Force Majeure Circumstances are extreme and unpreventable circumstances, which objectively make it impossible to perform the obligations, stipulated by the terms of the agreement (contract, covenant etc.), obligations according to the legislative and other statutory instruments.”
The certification of force majeure circumstances and the issuance of the Certificate of occurrence of such circumstances are within the competence of the Chamber of Commerce and Industry of Ukraine (hereinafter referred to as the CCI) and the authorized regional bodies of the CCI. According to the Regulation of Certification of Force Majeure Circumstances by the Chamber of Commerce and Industry of Ukraine and the regional chambers of commerce and industry (hereinafter referred to as the Regulation), at the request of entities engaged in economic activity (legal entities and individual entrepreneurs) and any individuals, separately, in relation to each particular agreement, separate tax and/or other liability/obligation, the fulfillment of which became due under the terms of the agreement (contract, covenant etc.), legislative or other statutory instruments and the fulfillment of which became impossible due to the occurrence of the circumstances specified, this certificate shall be issued.
In order to make it more convenient for you and to save your time the First Legal Company provides qualified assistance in the legal support of certification of Force Majeure Circumstances and obtaining a Certificate of Occurrence of Force Majeure Circumstances.
The list of documents required for obtaining a certificate of occurrence of force majeure circumstances:
- The application in the form established by the Regulation of the CCI of Ukraine shall be submitted signed by the head of the enterprise, organization with the impression of the enterprise seal, or on his/her behalf – by an authorized person. The application of an individual shall be submitted signed by him/her personally or on his/her behalf – by an authorized person;
- a duly certified copy of the agreement, covenant, contract (as amended and supplemented) of a copy of the statutory instrument, whereunder the obligations arose, a document confirming the occurrence thereof, the scope, the period;
- the applicant’s data on the scope of performance of obligations;
- the applicant’s data on the scope of non-performance of obligations;
- a document confirming that the other party has been notified of the occurrence of force majeure circumstances;
- the original documents of the competent state bodies confirming the circumstances to be referred to, the date and time of their occurrence, if necessary.
The cost of the service is from UAH 1500.
The term of performance:
7 working days – in case of submission of the relevant application by the entity engaged in economic activity;
21 working days – in case of submission of the application by an individual.
You may contact us by phone or fill out an e-form and we will call you back at the earliest possible time!