Amended charter of a sport federation for it to comply with the law
All-Ukrainian non-governmental organization, national sports federation requested our services in order to amend its charter for it to comply with the requirements of the Law of Ukraine "On non-govermental organizations" that entered into force on the 1st of January 2013.
The need for changes, inter alia, was due to the fact that, according to the current charter of the sports federation, the basis of its activity was local cells with the status of a legal entity, acting independently within the regions, concluding agreements on their behalf and having a bank account. The new law provides for the obligation of NGO organizations to stop the activities of cells, and new forms of local presence (separate units) cannot have the status of legal entities.
In addition, there was a problem in the sports federation charter in that there was no description of the procedure for nominating delegates to participate in the highest governing body, the Conference, and the actual procedure for nominating delegates partially contradicted the provisions of the current charter. This circumstance could be used by interested parties to recognize the decisions of the Conference as illegitimate.
The system of membership in the sports federation also required improvement, since, in reality, the members had different rights and obligations, which was not set forth in the charter.
At the time of contacting our company, the Client had independently tried to develop a draft of a new charter for more than half a year, to determine the most suitable form of an NGO for it - a union or organization.
During preliminary negotiations with the Client, another necessary area of ??work was revealed, which the Client had not previously known. It is a confirmation of the all-Ukrainian status of the sports federation.
In accordance with the new law, the all-Ukrainian status of organizations registered before 01/01/2013 is automatically renewed for only one year - until 01/01/2014, and in the future, to maintain this status, organizations are required to fulfill the requirements of the new law on state registration of their units at the local level. In the case of our Client, it was necessary to register more than 20 regional representative offices.
Bringing the charter of the sports federation in compliance with the law
Thus, several tasks were assigned to the specialists of Law Firm “Pravovaya Pomoshch”:
- To determine the most suitable form for the activities of the sports federation - a public union or public organization;
- to develop, describe in the charter and register changes regarding the new structure of the regional representation of the sports federation;
- to regulate in the charter the functioning of the supreme body of the sports federation - the Conference of Delegates;
- to describe the types of membership in the sports federation, their rights, and obligations;
- to bring other provisions of the charter in accordance with the new law;
- To confirm the all-Ukrainian status of the sports federation.
When working on the new revision of the charter of the sports federation, all the tasks were solved.
In addition, realizing that the new law, in the form it existed at the moment, did not take into account the specifics of the activities of NGO’s - sports federations, which meant that it would change in the future, our experts tried to writeup the charter in such a way, when developing the charter, so that if these changes were accepted, the Client would not need to amend the charter again.