KANON GEORGIA Back to the site

Home · Questions

Frequently asked questions

What we are asked most often - about registering a business, status in Georgia and property transactions. Briefly, and without promises we cannot keep.

Do I have to be in Georgia in person to register a company?

A company can be registered through a representative acting under a power of attorney. But the bank almost always comes up next: banking procedures usually require you in person, and the rules are the bank's own, not ours and not the register's. So the answer depends on whether you need an account straight away. We work that out at the first step, before any work begins.

Is there a minimum share capital for an LLC?

Registering an LLC (შპს) in Georgia does not require a statutory minimum capital. The amount is set by the members themselves. So "the cost of entry" is not usually an argument against an LLC - the difference between an LLC and a sole trader lies not in the initial outlay but in how liability, taxation and administration are constructed.

Do you guarantee that a bank account will be opened?

No, and nobody can. The decision is the bank's, under its internal rules, which differ between banks and change. We prepare the file, help describe the business in the terms a bank expects, and see the application through. We will not promise someone else's decision.

Does registering a company give a right to a residence permit?

These are two different procedures, and the second does not follow automatically from the first. Having a company can form part of the case when applying for status, but on its own it does not create one. Each basis has its own set of documents and its own requirements, and choosing it deserves thought: different bases affect the length of the status and the right to work differently.

Does buying property give a right to a residence permit?

A basis connected with property exists, but it carries requirements - including as to the value of the property and evidencing that value with a valuation. The specific figures are set by legislation, they are revised, and they have to be checked on the date of the application. An important feature people often learn too late: time held on this basis does not necessarily count towards the period qualifying for permanent status.

How long does a residence permit application take?

The law sets a maximum review period, and the authority may extend it if it requests further documents. Quoting a specific number of days would be misleading: it depends on the basis, on how complete the file is and on the authority's workload. What genuinely speeds things up is a complete and internally consistent file at the first filing.

Do documents need translating and apostilling?

Documents issued in another country as a rule require legalisation or an apostille and translation. What exactly depends on which country issued them and which procedure they are for. A common mistake is to apostille everything in advance: some documents have a limited shelf life and end up being redone. First establish the basis, then gather the papers.

What should I do if the application is refused?

A refusal does not always mean the route is closed. An appeal to court is limited in time, and in parallel there is the option of filing afresh - including on a different basis. Which route applies is determined by the wording of the decision and the circumstances. The first thing to do is read the wording of the refusal and record the date you received it.

Can I buy a flat in Georgia from abroad?

Yes, through a representative under a power of attorney. But in exactly that kind of transaction the cost of a mistake is higher: you do not see the property and do not meet the seller. So the register checks, the history of title, encumbrances and the payment arrangements are best settled before any money moves, not after.

How do I find out whether a flat has encumbrances or debts?

The main source is the register extract: it shows the owner, the basis of their title, any pledge, mortgage, attachment or registered lease. But not everything is reflected in the register: an unregistered alteration, rights of occupation, a dispute not yet recorded - these take separate enquiries and documents from the parties. The check can be ordered separately, before you commit to anything with the seller.

Is a notary required for a property transaction?

Transfer of ownership is registered at the House of Justice, and it is the register entry that makes you the owner, not the signed contract by itself. Requirements as to the form of the contract and certification of signatures depend on the type of transaction and are checked on the day it takes place. Note separately: a receipt from an agent is not evidence that money reached the seller.

Is a spouse's consent needed to sell property in Georgia?

No. In Georgia the consent of the seller's spouse is not required to dispose of property: the person recorded as owner in the register disposes of it. If several owners are recorded, they all sign the contract - but as co-owners, not by way of spousal consent. This is one of the questions buyers ask most often, being used to a different rule at home.

Do I stay a tax resident of my own country if I open a company in Georgia?

Registering a company in Georgia does not by itself change your tax residence or end your obligations where you are resident. These are two independent questions, and the second is settled by your country's rules, not by Georgian law. We say so in advance, because expecting otherwise is one of the commonest sources of unpleasant surprises.

What languages do you work in?

We handle matters in Russian, English and Georgian. Documents for state procedures are filed in Georgian, so translation is part of the work, not your concern.

How much does a consultation and the work on a matter cost?

We name the price after going through the particulars: any figure before that would be invented. The invoice always shows what it consists of - our fee, state duties and third-party costs such as a notary or translator. If the scope changes as the work goes on, we agree it in advance.

Why there are no figures here

You will not find specific deadlines, rates or duty amounts on this page. That is deliberate. Those are set by the state, they are revised, and a reference page carrying an out-of-date figure does more harm than one carrying none: a person plans around it and discovers the discrepancy at the counter.

We give the current figures at the consultation - as at the date of your enquiry and as they apply to your matter.

What we do not promise

Decisions in state procedures are taken by the competent authority, and the decision to open an account by the bank. Neither can be guaranteed by a lawyer, and you will not hear promises of that kind from us. If in our assessment a case is weak, you will hear it before the work starts, not after a refusal.

Not finding your question? Describe the situation - we will answer on the substance and say what can be done.

Describe your matter

This material is for reference, sets out the general procedure and is not legal advice. It has been prepared without regard to the circumstances of any particular matter and does not create a lawyer-client relationship. The law and the practice of applying it change.

Эта страница по-русски