Registering a Representative Office in Azerbaijan

12 December 2023by info@acon.az

A Guide to Registering a Representative Office in Azerbaijan with ACON Law Firm

Welcome to ACON Law Firm, your trusted partner in navigating the intricate legal terrain of Azerbaijan. In this blog, we will delve into the crucial process of registering a representative office in Azerbaijan and shed light on the comprehensive legal services offered by our esteemed firm.

The Importance of a Representative Office:

Why is establishing a representative office important in the globalized business environment?

In the globalized business environment, establishing a representative office can be a strategic move for foreign entities seeking to extend their presence in Azerbaijan. From market research to client relations, a representative office serves as a valuable intermediary, offering a local touch to business opportunities.

Branch and representative office are each authorized units of legal entities. The main difference is in the scope of powers given to them. Thus, according to the legislation, the representation of a legal entity represents and protects the interests of a legal entity. The branch has the authority to perform some or all of the functions related to the activity of the legal entity. From this it can be concluded that a branch can engage in entrepreneurial activity as a legal entity and earn profit, but a representative office does not have such authority. However, there is an exception here. Thus, the representative office of a foreign legal entity in Azerbaijan can engage in entrepreneurship if there is a condition regarding the implementation of entrepreneurial activity in the charter of this representative office. However, as we mentioned, this does not apply to all cases and is possible only if it is mentioned in the statute.

Key Steps in Registering a Representative Office in Azerbaijan:

Preparation and Documentation:

 What is imperative before initiating the registration process for a representative office?

  • Thorough preparation and accurate documentation are imperative. ACON Law Firm provides expert guidance in compiling the necessary paperwork, ensuring a seamless registration experience.

For the registration of a representative office of a foreign legal entity, it is necessary to apply to the State Tax Service with the following documents:

  1. Application for the registration of a notarized commercial entity;
  2. Information about legal entities that are founders;
  3. Charter approved by the foreign legal entity that created the representative office or branch or its authorized representative;
  4. The decision of the foreign legal entity that created the representative office or branch;
  5. The original or notarized copy of the decision of the foreign legal entity that created the representative office or branch on the appointment of the head of the representative office or branch;
  6. Copy of the passport of the person to be appointed as head;
  7. Documents confirming the registration of the legal entity that is the founder of the representative office or branch in a foreign country, i.e. notarially translated, approved, apsotile or legalized copies of the founding documents;
  8. Document confirming the legal address of the representative office or branch;
  9. Receipt confirming the payment of the state fee;
  10. The original or notarized copy of the power of attorney issued by the foreign legal entity that created the representative office or branch;
  11. Identity card of the applicant;
  12. Power of attorney if the application is made by a representative and the application is signed by that person.

It should be noted that, as with company registration, it is not necessary for you to be in Azerbaijan for representative office registration. So, you can entrust the process and completion to professionals by sending the relevant documents here from your country.

It should also be noted that the registration of a representative office is a procedure that takes more time and requires more documentation than the registration of a new company. In this process, proper preparation of the necessary documents and submission to the government body can result in faster completion of the process.

Legal Requirements and Compliance:

How does ACON Law Firm assist in navigating legal requirements and compliance standards?

  • Our team at ACON Law Firm is well-versed in the legal requirements and compliance standards associated with establishing a representative office. We navigate the complexities of local regulations, guaranteeing that your business operations align with Azerbaijani laws.

Government Approvals:

What is the pivotal step in establishing a representative office?

  • Securing the required approvals from governmental authorities is a pivotal step. With our extensive network and experience, ACON Law Firm expedites the approval process, minimizing delays and facilitating a swift establishment of your representative office.

Services for Establishing a Representative Office by ACON Law Firm:

Market Research and Feasibility Studies:

  • Conducting thorough market research and feasibility studies to assist in decision-making related to the establishment of your representative office.

Negotiation Support with Local Authorities:

  • Providing negotiation support with local authorities, ensuring a smooth process during the approval and registration stages.

Customized Business Setup Strategy:

  • Developing a customized business setup strategy based on your objectives, ensuring optimal outcomes for your representative office.

Comprehensive Regulatory Compliance Checks:

  • Conducting comprehensive regulatory compliance checks to ensure that your representative office adheres to all local laws and regulations.

Staff Recruitment and HR Support:

  • Assisting in staff recruitment for your representative office and providing ongoing HR support, including guidance on labor laws, contracts, and workplace policies.

Premises Location Assistance:

  • Aiding in locating suitable office spaces for your representative office and navigating legalities associated with commercial leases.

Tax Planning and Compliance Services:

  • Providing strategic advice on tax planning, compliance, and dispute resolution to ensure your representative office fulfills all tax obligations according to TAX CODE.

Legal Audits and Documentation Assistance:

  • Conducting legal audits on your representative office’s internal documents to ensure alignment with national legislation. Additionally, offering assistance in streamlining paperwork for various legal processes.

Corporate and Commercial Law Support:

  • Specialized support in corporate and commercial law, including assistance in drafting contracts, negotiating agreements, and ensuring your business operations comply with local legal frameworks.

Ongoing Legal Support and Advisory:

  • Providing ongoing legal support and advisory services to address any legal challenges or changes in regulations that may affect your representative office.

Financial Consulting and Accounting Services:

  • Offering financial consulting services and professional accounting services to ensure accurate financial records and compliance with tax regulations.

Dispute Resolution and Litigation Support:

  • Offering expertise in dispute resolution and litigation support in case of any legal challenges or conflicts involving your representative office.

Conclusion:

Embarking on the journey of establishing a representative office in Azerbaijan requires careful consideration of legal intricacies. ACON Law Firm stands as your reliable legal partner, offering a spectrum of services tailored to meet your business needs. From the initial stages of registration to ongoing legal support, we are committed to ensuring your success in the Azerbaijani market.

Contact ACON Law Firm today to embark on a seamless and legally sound expansion into Azerbaijan. Our team of experienced professionals is ready to guide you through every step of the process, providing unparalleled legal expertise and support.

 

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ACONOffice
Reach out or visit our office to access ACON's exceptional services for your needs.
AZ1025, Azure Business Center, Office 165B, Baku, Azerbaijan
OUR LOCATIONSWhere to find us?
Law firm in Azerbaijan Footer Map
GET IN TOUCHACON Social links
Follow us on social media to stay updated and connected with ACON!
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