Home Company Formation Question and Answers Regarding Opening a Branch of Foreign Enterprise and Non-entrepreneurial Legal Entity

Question and Answers Regarding Opening a Branch of Foreign Enterprise and Non-entrepreneurial Legal Entity

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Question and Answers Regarding Opening a Branch of Foreign Enterprise and Non-entrepreneurial Legal Entity

Branch of Foreign Enterprise and Non-entrepreneurial Legal Entity

Branch of Foreign Enterprise and Non-entrepreneurial Legal Entity. Entrepreneur and non-entrepreneurial (non-commercial) legal entity. A legal entity is an organized entity, created for the accomplishment of a certain object and having its own property under its ownership, operates on its behalf which is independently liable with all of its assets. A legal entity, which carries out entrepreneurial (commercial) or non-entrepreneurial (non-commercial) activities, is obliged to register at the registry. Entrepreneur and non-entrepreneurial (non-commercial) legal entities shall originate only upon registration in the Registry.

Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Persons

Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Persons is a compilation of registration data of entrepreneurs and non-entrepreneurial (non-commercial) legal persons, as well as of braches of a foreign enterprise or non-entrepreneurial (non-commercial) legal persons.

Registration

Registration is a record of information on the establishment of a subject, amendment to registered data, and termination of registration in Registry of Entrepreneurs and Non-entrepreneurial (Non-commercial) Legal Entity based upon making the relevant decision.

Entrepreneurial activity

The entrepreneurial activity shall be a legitimate and repeated activity carried out independently and in an organized manner to gain profit.

Branch of Foreign Enterprise and Non-entrepreneurial Legal Entity

A legal entity may establish a branch, which is not a legal entity. The branch registered in Georgia is not subjected to registration at the registry.

Non-entrepreneurial (non-commercial) activity

Non-entrepreneurial (non-commercial) activity is a  legitimate and repeated activity carried out independently and in an organized manner, without the purpose of profit-making.

Who is eligible to apply for this service?

An applicant for this service may be a directly interested person (a person authorized to manage/represent a foreign enterprise or non-entrepreneurial entity; a person authorized to manage/represent a branch to be registered) or legal representative of interested person.

Where should I apply to register a branch of foreign entrepreneurial or non-entrepreneurial legal entity?

To register a branch of a foreign entrepreneurial and non-entrepreneurial (non-commercial) legal entity, please refer to any branch of Public Service Hall or any territorial office of National Agency of Public Registry and submit the following documentation:

  • Proof of identity document;
  • The following documents attested/legalized in accordance with the laws of a foreign enterprise or non-entrepreneurial (non-commercial) legal entity:
  • Document confirming the registration /foundation documentation;
  • Data on the founder enterprise or non-entrepreneurial (non-commercial) legal entity and its head person, certified in accordance with Georgian laws;
  • A decision of authorized person on the establishment of a branch;
  • A decision on the appointment of a head of branch/representation or on granting the authority for representation by proxy, certified in accordance with Georgian legislation; 
  • If a branch is registering at the address which is not the property of a founder legal entity/its director or of the person authorized to represent a branch, additionally  the owner’s consent or a duly drawn up and approved a contract to use this property (lease, rent, lending agreement, etc.) is required;

Note: Consent of a representative of a branch to be appointed on this position is obligatory for registration purposes.

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