According to the Legislation of the Republic of Belarus, a foreign company cannot open a branch as a structural subdivision in Belarus, but there are other forms. First of all, having decided to open a «branch» in the Republic of Belarus, you must decide which functions will be delegated to it. If the purpose of opening your «branch» is to perform representative functions (negotiate, look for partners) of the parent company, then in the Republic of Belarus you can open a representative office accredited by the Ministry of Foreign Affairs, which will not be a legal entity. If you are aiming to open a «branch», the purpose of which will be to make a profit, i.e. your «branch» will conduct business directly from the Republic of Belarus, then you need to register a subsidiary legal entity, which will be an independent company before the law of the Republic of Belarus.
Features of an accredited representative office:
- The representative office is not an independent legal entity, but is an independent structural subdivision of a foreign organization;
- The costs are higher than for the establishment of a legal entity, since for each year of activity there is a representative fee in the amount of the state duty paid.
- The number of foreign citizens who can work in the representative office is determined by the Ministry of Foreign Affairs of the Republic of Belarus and indicated in the permit to open a representative office;
- Taxation of a representative office and a legal entity when conducting commercial activities does not differ, i.e. the tax burden is the same;
- In order to enjoy most of the benefits and preferences provided by law, a legal entity must be registered on the territory of the Republic of Belarus;
- Representative offices are opened for a period of 1 year or more. A state fee of 65 basic units is charged for the issuance of a permit to open a representative office of a commercial organization.
- Notifying creditors of the decision to open a subsidiary and obtaining their consent;
- Determination of the location of the subsidiary, in this case the Republic of Belarus;
- Registration of the new structure in the executive authorities of the Republic of Belarus.
Documents required for registration:
- Application for registration;
- Two copies of the charter and its electronic copy;
- A receipt for payment of state duty (the size is 1 basic value, about 11 US dollars).