Procedure for Obtaining a Force Majeure Certificate of the Chamber of Commerce and Industry of Ukraine

Опубликовано: 27.06.2022

What Is a Force Majeure Certificate?

 

It is known that force majeure circumstances are certified by the Chamber of Commerce and Industry of Ukraine at the request of business entities and individuals under each individual contract, tax and/or other duty/obligation, the fulfillment of which has occurred in accordance with the terms of the agreement, contract, legislative or other regulations and the implementation of which became impossible due to the presence of these circumstances.

In accordance with par. 3.3. of the Regulations of Certification by the Chamber of Commerce and Industry of Ukraine and Regional Chambers of Commerce and Industry of Force Majeure, a certificate of force majeure is a document drawn up according to the forms approved by the Presidium of the Chamber of Commerce and Industry of Ukraine which certifies the occurrence of force majeure, issued by the Chamber of Commerce and Industry of Ukraine or the regional chamber of commerce and industry in accordance with applicable law, the terms of the agreement (contract, etc.) and these Regulations.

The certificate of force majeure, after its entry in the Register of Certificates and text drafting, is printed on the form of the CCI of Ukraine/regional CCI, which certifies force majeure, signed by an authorized person of the CCI of Ukraine/regional CCI of Ukraine, sealed and issued to the applicant.

Paragraph 6.13. of the Regulations provides that, at the request of the applicant, specified in the application, the certificate may be issued in a foreign language (the language of the contract, agreement). In this case, an authorized person draws up a certificate in Ukrainian, as well as in a foreign language specified by the applicant in the application. The text of the certificate in a foreign language is printed on the reverse side of the certificate drawn up in the Ukrainian language. Both texts have the same legal force; in case of divergence of interpretation, the Ukrainian text shall prevail.

 

Where to Apply to Receive a Force Majeure Certificate?

 

According to Art. 14¹ of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”, it is the Chamber of Commerce and Industry of Ukraine and its authorized regional chambers of commerce and industry that may certify force majeure and issue a certificate of such circumstances.

The following link provides information on the relevant regional chambers of commerce and industry: https://ucci.org.ua/rieghional-ni-tpp.

 

List of Necessary Documents

 

In order to certify the force majeure circumstances of an economic entity or individual, it is necessary to submit an application among the following ones:

◉ Application for certification of force majeure circumstances for business entities/individuals under contractual obligations (Annex No. 1 to the Regulations);

◉ Application for certification of force majeure circumstances for business entities/individuals under tax obligations (Annex No. 2 to the Regulations);

◉ Application for certification of force majeure circumstances for business entities/individuals under tax obligations to write off bad tax debt (Annex No. 3 to the Regulations);

◉ Application for certification of force majeure circumstances that made it impossible to perform duties (obligations) for business entities/individuals under legislative and other regulations of Ukraine (Annex No. 4 to the Regulations).

Each Annex to the Regulations establishes ist own list of required documents, which are to be submitted together with the completed application. A sample application with the required list of documents is accessible at the following link: https://ucci.org.ua/zaiavi-pro-zasvidchiennia-fors-mazhornikh-obstavin.

The application in the prescribed form of certification of force majeure is submitted to the CCI of Ukraine or to the regional CCI signed by the head of the enterprise, organization and with the imprint of the seal of the enterprise, or, on its behalf, a representative. The application of an individual is submitted under their signature in person or, on their behalf, a representative.

 

Terms of Issuance of a Certificate

 

According to par. 6.7. Regulations of Certification by the Chamber of Commerce and Industry of Ukraine and Regional Chambers of Commerce and Industry of Force Majeure, the application is subject to consideration depending on the complexity and scope of documents:

◉ within seven working days – from the date of the application of a business entity;

◉ within twenty-one working days – from the date of the application of an individual.

Cost

In accordance with par. 7.2. Regulations of Certification by the Chamber of Commerce and Industry of Ukraine and Regional Chambers of Commerce and Industry of Force Majeure, in accordance with the approved tariffs, the applicant pays for services related to:

◉ consideration of the application and submitted documents;

◉ certification of force majeure and issuance of a certificate of force majeure.

In accordance with Art. 14¹ of the Law of Ukraine “On Chambers of Commerce and Industry of Ukraine”, small business entities have the right to receive a certificate of force majeure free of charge, paying only for consideration of the application and the documents submitted.

At the request of the applicant, the provision of services may be carried out in the usual or urgent manner, namely:

◉ urgently – the cost of the service is determined taking into account the coefficient “2”;

◉ in a foreign language – the coefficient “3” is applied;

◉ in a foreign language (urgently) – the coefficient “5” is applied.

Relevant tariffs of the CCI of Ukraine for services to certify force majeure, approved by the Order of the President of the CCI of Ukraine from December 20, 2021 No. 26, effective from January 01, 2022, are accessible at the link: https://ucci.org.ua/media/filemanager/docs/law-tarifs-2022.pdf.

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