Our lawyers registered a non-profit all-Ukrainian NGO

In July 2016, the Client, doctors - representatives of one of the common medical specialties, contacted our company again that time with a request for registration of a professional association. The existing non-governmental organization, designed to satisfy the requests of this category of citizens, in their opinion, did not function properly and did not actually represent the interests of the entire medical community of this profile.

The first stage of work was the determination of the form of a non-governmental organization in which it would be most convenient to carry out activities. We had already written in detail about the forms and types of public associations in this comment. As a result of consultations, the Client settled on a public union, since involvement of legal entities as members was a fundamentally important condition for him. However, only legal entities can establish a public union, and the Client, at the time of contacting the company, did not have enough legal entities to establish the union.

Thus, the second stage of work was the registration of a limited liability company, which would act as the founder of the public union. This company, of course, was registered not only for the purposes of establishing the union, it was just one of the goals.

Upon registration of an LLC, our lawyers prepared the necessary package of documents for the registration of the All-Ukrainian public union and accompanied the consideration of documents in the justice authorities. It should be noted that one of the main criteria for the high-quality provision of services for registration of a public union is the speed of registration, that is, the number of days from the date of submission of documents to the registering authority until the union is included in the register. We complete this task within three days.

After the public union was  included in the register, the necessary action was to obtain a certificate of non-profitability, the only document that allows an NGO not to pay income tax on membership fees and other sources of cash receipts. In August 2016, updated requirements on this issue, already enforced by Resolution of the Cabinet of Ministers of Ukraine No. 440, were already in force. You can read more about the requirements set forth in this decision in a separate comment by our lawyer.

It took us two weeks to obtain a certificate of non-profitability, in parallel, the process of assigning the public union of our Client the status of an all-Ukrainian organization was launched.

Since 2013, the very concept of all-Ukrainian status and the procedure for obtaining it had undergone significant changes. This can also be read in detail in a separate comment. At present, in order to obtain all-Ukrainian status, a public union must register at least 14 separate units and in the manner provided for in Art. 19 of the Law of Ukraine "On Public Associations" to submit documents to the Ministry of Justice of Ukraine.

We received the all-Ukrainian status for our Client, including the time spent on the registration of individual units, within two weeks.

At that, the complex of works on registration of non-profitable All-Ukrainian public union was completed. You can familiarize yourself with the terms of working with us on similar issues on the page, dedicated to the service of NGO registration.

Publication date: 17/11/2016

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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