Legal services in Belarus

General info on SCHNEIDER GROUP Advisory LLC

SCHNEIDER GROUP Advisory Limited Liability Company
Registration No 193252237
Person in charge: S.A.Odintsov
Registered address (service rendering location):
220012 Minsk, Surganova str. 29, premise. 1, room 24
Office working hours from 9:00 to 18:00, Mon-Fri
Tel.: +375 / 17 / 290 25 57
Fax: +375 /17 / 290 07 42
Website: www.schneider-group.com
Email: OdintsovSA@schneider-group.com;
minsk@schneider-group.com

Activity types
Legal Services (code 69109)
(special permit (license) on the provision of legal services No. 02240/2542 on June 11, 2019, issued by the Ministry of Justice of the Republic of Belarus)

Tax Advisory Services (code 69203)
(Tax Advisor qualification’ certificate No 0000333 issued on December 7, 2018 by the Belarus Ministry of Taxes and Duties; liability insurance contract (insurance policy КЕп № 0018414) from June 14, 2019 until June 13, 2022).

Business and other management consulting services (code 70220)

Licence Advisory
Get in touch with us
Sergey Odintsov
Certified Legal & Tax Advisor, Head of Tax & Legal, Minsk
+375 / 17 / 290 25 57
Licence_SG-Advisory

BUSINESS SET UP SOLUTION PACKAGE

  • Drafting of Shareholder Agreements (company formation agreements) including those structured pursuant to UK law
  • Package of documents to open and operate a business entity in Belarus (formation minutes, Articles of Association, contract with the CEO, contracts with employees, intragroup agreements, required compliance documentation)
  • Registration of a business Company in the established order
  • Management Company services
  • Bank accounts opening
Available options for doing business in Belarus

We would like to update you on the legal business forms currently available to foreign companies doing business in Belarus.
The local legal environment provides only a few options: a full operating legal entity (LLC), a Rep Office, Permanent Establishment (Service/Project PE), and a Joint venture / Simple Partnership. Unlike in Russia, a foreign company cannot set up a branch (affiliate) in Belarus. Please note that the choice of legal structure is dependent on each particular project, business case, or model.
Business localization definitely requires setting up a full operating local legal entity. Selling goods, delivering works and services on a permanent basis, and employing local people are all situations where an LLC is a good choice.
A Rep Office is normally established at the market investigation stage. Any sales activities, except for preparatory or auxiliary ones, are strictly prohibited.
For temporary projects (provided that you have a contract with local business partner for 180 days or more) you could consider setting up a joint-venture (simple partnership agreement) or register a PE with the tax authorities.
Whichever option for local presence you choose, proper structuring is highly recommended.

SCHNEIDER GROUP is prepared to support you with any investment-related initiative you have in Belarus, from market entry to business localization.

Key tips on the way to setting up IT business in Belarus

If you are an IT, telecommunications, or DLT business thinking about expanding to Belarus, there are some important incentives to be aware of.
The Hi-Tech Park (HTP), also known as the Belarusian “Silicon Valley”, has been operating since 2006 and currently provides an attractive combination of various benefits and opportunities for residents:

  • Substantial support in project monetization for startups
  • Investment structuring based on British law concepts
  • DLT projects and cryptocurrency activities are welcome
  • Significant tax benefits until 2049, 1% tax on revenue supersedes all corporate taxes
  • User friendly approach to documenting transactions for accounting and tax purposes
  • Simplified procedure for hiring foreign IT experts (no work permit is required)
  • Other opportunities and incentives

In order to make use of the HTP opportunities and benefits you would need to:

  • find the right team of developers and startup, or create it from scratch
  • set up a company in Belarus
  • document relationships – team and IP rights transfer to the new company
  • draft a business plan for your IT project
  • tile membership documents with the HTP Administration

We are ready to support you on your way to Belarusian Silicon Valley by contributing our professional knowledge and local expertise.
High-quality tax and legal solutions from SCHNEIDER GROUP – a key to the success and prosperity of your business!

SOLUTIONS ON INVESTMENT STRUCTURING in BELARUS

  • Legal & tax advice on various investment options
  • Assistance with finding the right partner and investment location
  • Business partner due diligence and background check procedures
  • Representation in the course of negotiations with various state authorities, administrations of industrial parks, etc.
  • Drafting or legal review of investment agreement draft
  • Representing the client in the course of investment agreement negotiations & signing

TAX ADVISORY

  • Tax advice on specific issues relevant to the client’s project
  • Corporate tax consulting (including PE risk management, offset of taxes & tax refunds, justification of costs, etc.)
  • VAT advice (including deduction of input VAT, VAT refund process, cross-border transactions, etc.)
  • Withholding tax consulting & compliance
  • Personal tax compliance
  • Transfer pricing services
  • Tax due diligence
  • Assistance in the course of tax audits
  • Representing the client to the tax authorities

 

The concept of “business purpose”

Do all of your transactions comply with the concept of a “business purpose”?
Have you prepared to manage risks in situations where:
• You are purchasing or selling goods, works, or services via a controlled company, including those located in other jurisdictions?

• You are intending to perform a one-time export of goods using a zero VAT rate in order to get a refund of the input VAT from the budget?

• You are considering business restructuring to keep using the simplified taxation system?

• You are considering transferring your staff member to the status of individual entrepreneur with a significant increase in wages (remuneration)?

• You are thinking about selling assets purchased from a leasing company to some of your employees at book value?
Please contact us and we will provide a brief insight into the current enforcement of the Article 33 of the Belarusian Tax Code and help you reduce the risk of tax base adjustments resulting from your transactions.

SCHNEIDER GROUP delivers high-quality tax solutions for your business!

IT & FINTECH ADVISORY

  • Legal services for IT businesses (startups):
    – Preparation of documents for Company registration and assistance with all registration procedures
    – Preparation of documents aimed at formalization of employment relations with IT team
    – Preparation of documents to secure the Company’s rights to IP objects
    – Elaboration of commercial secret protection provisions, non-compete agreements
    – Elaboration of documents facilitating the investor’s entrance to an IT company
    – Advisory services on the way to Hi-Tech Park membership.
  • Advisory services pertinent to DLT / blockchain regulatory requirements in Belarus
  • Consulting services in the course of establishing the foreign holding structures to manage IT companies in Belarus
  • Workshops addressing IT company set up and management related matters in Belarus.

 

Key tips on the way to setting up IT business in Belarus

If you are an IT, telecommunications, or DLT business thinking about expanding to Belarus, there are some important incentives to be aware of.
The Hi-Tech Park (HTP), also known as the Belarusian “Silicon Valley”, has been operating since 2006 and currently provides an attractive combination of various benefits and opportunities for residents:

  • Substantial support in project monetization for startups
  • Investment structuring based on British law concepts
  • DLT projects and cryptocurrency activities are welcome
  • Significant tax benefits until 2049, 1% tax on revenue supersedes all corporate taxes
  • User friendly approach to documenting transactions for accounting and tax purposes
  • Simplified procedure for hiring foreign IT experts (no work permit is required)
  • Other opportunities and incentives

In order to make use of the HTP opportunities and benefits you would need to:

  • find the right team of developers and startup, or create it from scratch
  • set up a company in Belarus
  • document relationships – team and IP rights transfer to the new company
  • draft a business plan for your IT project
  • tile membership documents with the HTP Administration

We are ready to support you on your way to Belarusian Silicon Valley by contributing our professional knowledge and local expertise.
High-quality tax and legal solutions from SCHNEIDER GROUP – a key to the success and prosperity of your business!

DEALS ADVISORY & BUSINESS RESTRUCTURING

  • Advice on cross-border tax implications of a particular contract (transaction)
  • Tax & legal deal structuring
  • Assessment of legal & tax risks arising from business restructuring agreements
  • Legal due diligence services
  • Legal assistance in the course of business restructuring and business termination procedures
  • Legal assistance with bankruptcy proceedings
  • Representing the client in front of third parties, including state authorities

CORPORATE & COMMERCIAL LAW

  • Developing, drafting, and (or) analysis of various commercial contacts, agreements, addendums, and other transaction related documents from a Belorussian legal perspective
  • Corporate secretary services (drafting of the required set of documents for holding meetings of the Company management bodies, documenting the decisions, etc)
  • Drafting letters on fulfilment of contractual obligations, preparation of claims for non-fulfilment of such obligations
  • Preparation of a set of documents for starting court hearings on a recovery claim under contractual provisions

EMPLOYMENT RELATIONS & LABOR LAW

  • HR documentation services
  • Legal advice on issues arising from implementation of various employment, management, and staff remuneration solutions
  • Drafting and review of various employment related documents
  • Workshops on specific issues of employment & labor law
  • Other legal services

MIGRATION

  • Legal support on visas & work permits for foreigners
  • Legal assistance with foreigners’ registration with migration authorities
  • Migration & relocation advisory services
How to hire a “foreigner” as soon as possible?

Do you want to hire a foreigner, but are wary of the time consuming process?
Would you like to strengthen your local team with international experience? Are you thinking about relocating a staff member to Belarus to at the Group Company there, but don’t want the administrative hassles of doing so?
We can show you how to quickly and properly formalize a relationship between foreigner and Group Company before obtaining a work permit and registering an employment contract with the authorities as prescribed by law.
High-quality legal solutions from SCHNEIDER GROUP – a key to the success and prosperity of your business!