How to withdraw from the membership of a charitable foundation if you are not in Ukraine?
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Recently we were contacted by a Client who was the founder of a charitable foundation that had gone abroad because of the war. She could no longer participate in the foundation's activities, so she wanted to withdraw from its membership. She wanted to know how to do it and if it was possible to do it remotely. Our Client was not the only member of the foundation, and another member stayed in Ukraine.
In our article, the lawyers will describe the procedure for withdrawing from a charitable foundation, while being abroad.
How to withdraw from a Ukrainian charitable foundation?
In order to leave the foundation you have to write a proper application addressed to the general meeting of the foundation. The application must be certified by the notary.
If the participant is not in Ukraine, the application can be certified at the Ukrainian consulate in the country of his/her residence or by the local notary (unless, of course, located in the country where the documents need to be legalized).
You will also need a power of attorney from the participant to represent his/her interests in Ukraine. Power of attorney shall be certified in the same way. Our lawyers prepare draft of application, power of attorney and send everything to the Client.
Please note! It is better not to use templates from Internet, in order not to have to redraft and send the documents once again.
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Does the director of the foundation need to be present in person and what about if the director of the foundation is also abroad?
The rules require a notarized power of attorney from a legal entity. Such power of attorney must be issued by the director on behalf of the foundation.
However, one can do without a power of attorney at all. In any case, the minutes of the general meeting will be notarized, so the agenda itself may include the issue of authorization of persons to submit documents and grant them such rights.
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Is it possible to withdraw from the foundation without the awareness or consent of the other participants?
For participants of a limited liability company there is such an opportunity (not for all, but only for those who own less than 50% of the share in the authorized capital).
This is not the case with a charitable organization. A participant, of course, can write an application for withdrawal and submit it for consideration at a meeting. However, if such a meeting does not convene or does not vote and does not register the corresponding changes in the Unified State Register, then consider that the withdrawal failed. As a result, the databases of state agencies will still include the name of the member.
As practice shows, knowing the legal options and procedural nuances, you can always find a solution to any situation.
Our company offers professional assistance with your work or with your withdrawal from a charitable organization in Ukraine.
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