Our lawyers helped to change charter of a labor union in Ukraine
In March 2017, our company was contacted by the Client, the All-Ukrainian Union. Our Client needed a charter of a trade union to be changed in accordance with new regulations on non-profit organizations and the trade union itself to be included in a new register of not-for-profit organizations. According to the Client, their labor union has already held a general meeting about a month ago and approved the new revisions of the charter. The draft of this charter was drawn up by the labor union lawyers. So, according to the Client, the function of our company was to submit documents to the relevant state bodies and to monitor the readiness of decisions of these bodies, as the Client did not have time to do that on their own.
Having extensive experience in registering and amending the constituent documents of non-profit organizations, including public associations, our lawyers, went ahead to offer to look at the new revision of the constituent documents. We know from experience that Clients, even with a legal background and a good knowledge of the law, may not know the practice of a government agency and not take it into account when drawing up documents, which makes it difficult to register such documents.
After looking at the documents of the Client, we found that they were put together in violation of the requirements of the applicable law. It was then that we invited the Client to develop documents against our samples, which they agreed to do. But the problem was signing the documents we developed. The fact was that the new revision of the union’s charter, in accordance with the current charter of the labor union, must be approved by the General Meeting of its members. Considering that the labor union is all-Ukrainian and has a lot of members, and the next general meeting was held just a month ago, it was extremely ill-advised to convene an extraordinary meeting. The lawyers of our company faced a difficult question: how to get the new revision of the charter approved without convening an extraordinary meeting? After analyzing the legislation and studying the current labor union charter in more detail, we found a provision according to which the executive body of the labor union could approve a new revision of the labor union’s charter, but only if some provisions of the charter have become contrary to the current legislation and it is urgent to bring the provisions of the charter in accordance with the new legislation. This was just the case with our Client.
Thus, the necessary changes were made to the charter and registered with the relevant state bodies, including introduction of the labor union into the new register of non-profit institutions and organizations. The Client was pleased with our work and, according to them, they learned a lesson that it’s easier to immediately turn to specialists rather than agonize about figuring out an escape from a situation.
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