Supported registration of changes during sale of charity in Ukraine

For the first quarter of 2017, our company provided legal support for registration actions for charitable organizations to amend their constituent documents. It is worth noting that the procedure for registering changes requires attention and thoroughness. The implementation of such a task does not present a problem for our lawyers, because their experience in this area is rather large. It also helps to conduct registration of changes as soon as possible. An example is the registration of changes of participants and the chairman of a charitable foundation, which we are going to look at in more detail.

A Client turned to our company with a desire to buy an “off-the-shelf” charity foundation, because he did not have enough time to create a primary organization. Since our company provides services for the sale of “off-the-shelf” charitable organizations, this request of the Client did not present a problem for us. The task was to prepare the foundation for sale and introduce changes to the composition of participants and governing bodies of the organization.

In this case, the procedure consisted of three stages - preparation of documents and notarization of changes; submission of signed documents to the authorized body; confirmation of compliance with the requirements for non-profitability.

The preparation of new constituent documents - the organization’s charter, information on new governing bodies, minutes, a decision of the authorized management body of the foundation on withdrawal from the membership and an individual’s statement on withdrawal from the membership — was completed in one day. The next day, all documents were notarized and the second stage was also started - registration of changes.

After filling out an application on making changes to the participants and the chairman of the charity foundation and paying an administrative fee, our specialists submitted a full package of documents to the authorized body. The changes were made by the state registrar immediately, and the very next business day the Client could see the updated information about his own charity foundation in the Unified State Register. Thus, the registration of changes to the charitable organization was carried out in two days.

In cases of amendments to the charter of a charitable foundation, the law provides for updating documents in the registration file of a non-profit organization. Such a case is filed with the State Fiscal Service. The work performed coincided in time with the need to comply with the requirements of the Resolution of the Cabinet of Ministers of Ukraine No. 440, details of which can be found in the comments of our lawyer. Our lawyers also ensured that this charitable foundation received a new sign of non-profitability in a short time.

If you are interested in the issue of registering changes not only in the list participants or founders and the chairman of a charitable organization but also in the other nuances of this procedure, our lawyers will be able to provide you with thorough legal advice and ensure that amendments are made to the Unified State Register.

Publication date: 10/05/2017

About author

Name: Volodymyr Gurlov

Position: Partner

Education: National Academy of the Security Service of Ukraine

Knowledge of languages: Russian, Ukrainian, English

Email: [email protected]

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