Helped to replace management and amend charters of two NGOs in Ukraine
Ever since the beginning of 2017, the lawyers of our law firm have successfully completed state registration of two non-governmental organizations. One organization operated the field of healthcare, while the other one was socially and politically oriented.
Despite the fact that no amendments were introduced to the laws and regulations in the sphere of registration of changes in non-governmental organizations and we had more than ten years of experience in this area of law, we were faced with some surprises.
So, one of the organizations was registered several years ago by one of the territorial departments of the Ministry of Justice in Kyiv. During the re-registration in 2017, the registrar postponed the registration procedure for 15 days, explaining that he could not learn the primary registration dossier, which was allegedly lost. The most interesting thing was that the registration authority did not make any suggestions as to when they would be able to move things forward. It is hard even to imagine how such situations may confuse representatives of non-governmental organizations trying to undergo the procedure on their own, without assistance and support of professional lawyers.
Fortunately, our specialists know and have already tested the mechanisms that allow to hold the state registrar liable for unlawful refusal to carry out registration. Such a procedure is quite lengthy - it takes about three months, but it ends with negative consequences for the registrar, for example, suspension from work for up to two months. Such experience and knowledge of the details of the procedure for appealing against the actions of officials allow our lawyers to proficiently represent our Clients’ interests at the registration authority and successfully complete the registration within the timeframe established by law.
When registering changes in the structure of governing bodies of a non-governmental organization, it is very important to know the details of proper development of the necessary documents. Thus, another important requirement to be met is that all persons who are elected to the governing bodies shall be present at the Conference of a non-governmental organization or a non-governmental union. If a candidate, for any reason, is absent at the general meeting of members of the organization, the state registration of changes will require a separate written consent of the appointed person.
In most organizations, the election and re-election of governing bodies is carried out by the highest governing body - the Conference, the General Meeting and the like. This meeting should be convened in strict accordance with the requirements of the charter, which should also be documented. This procedure has many nuances, for example, if the Conference is convened by the Board, you shall have the minutes of the meeting of the Board, at which the decision to convene the Conference was made, in order to register the changes. The agencies of justice will also require to provide the documents confirming the legality of both minutes. However, there are no any regulatory requirements applicable to these documents, only those evolved through years of practice.
Registration of changes in the charter of the non-governmental organization is still largely conditioned by the implementation of the requirements of the Resolution of the Cabinet of Ministers of Ukraine No. 440. You can find more detailed information on this Resolution on our website.
If you intend to entrust our lawyers to register changes in the non-governmental organization, please read the details of the relevant service here.
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