Requirements for founders and participants of legal entity which intends becoming a television and radio broadcasting organization and getting a license for broadcasting

One of the spheres of our Company’s activity is legal support of enterprises when they are getting licenses for broadcasting.

Getting a license namely for such activity is still a problematic process, since the conditions at licensing of broadcasting are complicated and they are difficult to fulfill compared with licensing conditions for other types of entrepreneurial activity. 

Particularities of licensing conditions in this sphere of activity

The requirements for licensing broadcasting of broadcasting organizations indicate not only what the company needs to do to obtain a license, but also the following nuances:

  • how and by whom the company should be founded / started and who can not be in the legal structure of the legal entity;
  • the constituent documents of the company establishment of a special supervisory body (for example, an editorial board) must be provided for. The creation of such a body is mandatory;
  • Before applying for a license, a company must register (as part of the process of registering the company itself) a trademark (TM), since the certificate of registration is one of the documents that is submitted to obtain a license.

Failure to comply with the above requirements is the basis for preventing the company from bidding and refusing to issue a broadcast license.

Our advice: is to come to grips with the entire process of obtaining a license in advance, taking into account the requirements of the licensing body.

For those entrepreneurs who have already set up a company, it is best to organize the ownership structure of the company in accordance with the licensing terms, even before submitting documents.

Typical situations that lead to a license refusal

  • the participants or founders of the company are natural persons and legal entities that are residents of a country recognized by the Supreme Council of Ukraine as an occupying country (the Russian Federation), as well as legal entities whose participants (shareholders) are such legal entities or natural persons, at all levels of the ownership chain of a legal entity;
  • in the ownership structure or among the final beneficiaries there are political parties, trade unions, religious organizations and legal entities that they have founded;
  • among founders or participants of a legal entity there are:
  • legal entities and natural persons- entrepreneurs registered in offshore zones whose list is approved by the Cabinet of Ministers of Ukraine.
  • stateless persons.

Why is it important to get legal support of specialists before applying for a license?

An expert assessment of the possibility of obtaining a broadcasting license, preparation of documents by professional specialists for submission to the licensing authority and further legal support will help you:

  1. avoid refusal of a license if the documents for obtaining a license could be submitted by a legal entity whose participants or founders are the persons indicated above in the list.
  2. avoid not just the refusal of a license, but also the loss of funds and time if you have applied for a license issued under the condition of running a contest. It should be noted that in order to participate in the tender, a tender guarantee is mandatory (10% of the amount of the license fee). And, in the event of a decision by the licensing authority to refuse to issue a license, the tender guarantee paid is not refundable.
  3. Obtain a broadcast license at the first time of asking, without repeated expenses and submitting documents again

If you want to learn more about the broadcasting license or get legal support when applying for it, you can get in touch with our company for qualified assistance.

Publication date: 27/05/2019

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