Changes at a charitable fund in Ukraine
Cost of services
Reviews of our Clients
What we offer
- consult on changes to the charter of charitable foundation, registration of change of the head of charitable organization, change of address and members, as well as other changes;
- in case when the foundation was registered prior to January 2013 we bring the charter’s terminology into compliance with the terminology of the new law on charity, remove restrictions related to the territory of organization's activities, modify the provisions of the charters (and charitable programs) pursuant to the requirements to the income that is exempted from taxation, we draft up and include to the charter all provisions that have become obligatory since 2013;
- develop the structure of the charitable foundation management bodies, which meets the requirements of the Customers and the law;
- provide state registration of a new version of the charter or any other changes in the foundation;
- consult the charitable organization as to how carry out their activity so that in the future there will be no problems neither for the donators nor for the beneficiaries, or for the charitable organization itself;
- prepare the documents necessary for registration of changes and support the registration process on a turnkey basis.
Documents required for state registration of changes in a charitable foundation
Leaving a Charitable Foundation in Ukraine
If you've decided to leave a foundation, drafting a statement directed to the general assembly is the first step. It's important to note that this doesn't automatically guarantee your departure. The effectiveness depends on the assembly's convening and the submission of the necessary documents to the state registrar. Without these steps, your name remains in the State Register.
Should the general assembly review your application and submit the documents to the registrar, changes to your membership status are updated within one working day. This process applies similarly to joining the foundation.
We've encountered instances of members exiting a charitable foundation, even when they're not physically present in Ukraine. This became particularly relevant during the war in Ukraine.
Changing Leadership in a Charitable Foundation in Ukraine
For a change in leadership, the general assembly must convene with the required quorum outlined in the foundation's charter. The protocol from this assembly, where the leadership change was voted on, is then submitted to the state registrar. The database is updated with these changes within one working day.
While changing the leader of a charitable organization in Ukraine may pose some challenges, it is not an impossible feat.
Other Modifications in the Charitable Foundation (name, location, updated charter, etc.)
Decisions regarding changes in the foundation, registered in the State Register, are made through the general assembly and documented in the protocol. This protocol serves as the primary document submitted to the state registrar.
If a participant cannot attend the assembly physically, issuing a power of attorney, as mentioned earlier, allows an authorized person to vote on relevant issues and sign the protocol on their behalf.
Service packages offers
- we are preparing a package of documents for submission to the relevant state bodies
- we submit documents to the relevant state bodies
- we provide changes to the State Register
- we receive confirmation of the changes in the form of a Statement and Description, we pass them on to the Client
- in cases where the Client wants to change the manager, we can not only carry out registration actions, but also provide a person who will take this position
- we analyze the documents and information provided by the Client for changes in participants, location, bringing the charter into compliance with legislation without individual development, etc.
- we prepare the charter, protocol and other necessary documents, agree them with the Client
- we register changes in the composition of participants, location, name of charitable organisation
- we organize, if necessary, a meeting with a notary
- we ensure the implementation of appropriate changes to the State Register
- we receive confirmation of the changes (extract from the State Register)
- we submit a notification to the tax office about changes in the statute
- we receive a document on the inclusion/re-inclusion of the fund in the register of non-profit organizations
- individual development of provisions of the fund charter in accordance with the wishes of the client, but at the same time so that there are no contradictions with the law
- registration of changes in the State Register
- we submit a notification to the tax office about changes in the statute
- we receive a document on the inclusion/re-inclusion of the fund in the register of non-profit organizations
Cost and Registration Period for Amendments to the Charter of a Charitable Foundation
The registration fee for amendments in a charitable foundation does not cover official charges.
When introducing changes to the charter of a charitable organization, there are no notarial expenses, as the protocol and charter of the organization are not notarized. However, there is an exception. For example, if the current director cannot issue a notarized power of attorney for various reasons, the protocol is notarized, authorizing representatives to submit documents.
The execution period is 2 working days from the receipt of all necessary documents.
Mandatory changes to the charters of existing charitable foundations registered before 2013 are stipulated by the current Law of Ukraine "On Charitable Activities and Charitable Organizations," as well as the Tax Code of Ukraine.
Documents for making changes to information about a charitable foundation
The required documents for updating a charitable foundation's information or charter depend on the nature of the changes.
In most cases, a protocol from a general meeting of the foundation is essential, a task our lawyers can handle. To prepare it, we need the charitable organization code, complete data of departing or incoming founders, information on a new director (if applicable), and the updated address.
In instances where founders change or charter provisions are altered, our lawyers create a new version of the foundation's charter. If founders are changing, notarized statements from departing participants are additionally required. These statements can be notarized by any notary using our provided template or by our notary when signing the main document package.
Why us
Our successful projects
Gaining the Status of an International or All-Ukrainian Charitable Foundation
For many charitable organizations, the addition of "international" or "all-Ukrainian" to their name can be an appealing prospect. In practice, this is essentially a catchy title, as Ukrainian charitable organizations have operated without territorial distinctions for many years. Nevertheless, such a label does lend a sense of reputation.
As of now, there isn't a specific status called "international." However, if you're interested in including such a prefix in your charitable foundation's name or understanding the intricacies of working with international funding and reporting to global partners, our team is here to assist.
Making Changes to the Charter of a Charitable Organization
To amend the provisions of a charitable organization's charter, participants must vote during general meetings, ensuring the required quorum. The quorum is the number of votes, as stipulated in the organization's charter, needed to make such decisions. General meetings review and approve the new charter.
Following this, the necessary documents, including the updated charter and the protocol endorsing the changes, are submitted to the state registrar (currently performed by private notaries). After the state registration of the new charter, it becomes effective.
What changes can be introduced to the Charter of a Charitable Foundation?
Any changes that align with current legislation. Most often, we are approached to harmonize charter provisions with legislative updates.
Don't forget to inform the Tax Authority about charter changes! After amending the charter, submit a statement (Form 1-РН) labeled "changes" along with a copy of the updated charter to the Tax Authority. Subsequently, the tax authorities will re-register the organization in the non-profit organizations' register if there are no objections to the changes.
Answers to frequently asked questions
Is the protocol and charter of the charity foundation notarized when registering changes?
The analogy with company registration does not work in this matter. The Profile Law provides an exception for charitable organizations and contains a rule that their documents are not subject to mandatory notarization.
Is it necessary to make changes to the charter of the fund in order to receive a certificate of unprofitability of the new model?
Changes in the provisions relating to non-profit organization status took place in 2013 and 2015. If Your foundation is registered before 2013, the need to change the charter is not in doubt. In other cases, we carry out a preliminary study of the current charter.
Can changes be made to the foundation if the participants and leadership are located abroad?
Sure. We provide a power of attorney template that each participant must have notarized in their country of residence. As for a change in leadership, neither notarized documents from the outgoing nor incoming leader are required for this purpose.
State registration of new version of charter of charity
Regulations on charitable organizations were significantly amended:
- a new Law of Ukraine "On charitable activities and charitable organizations" entered into force in 2013 and changed requirements that are set for charters of charities;
- the Tax Code of Ukraine provided new definitions of sources of income that are exempted from taxation (in particular Article 157 of the Tax Code).
- in this regard as of today charters of majority of charitable organizations in Ukraine are not in compliance with the requirements of legislation.
- switching to a new version of charter of organization is a crucial step for all charitable foundations in Ukraine that will help to remove limitations in regard to territory of activities; to include provisions about sources of income for them to comply with tax legislation; to bring provisions of the charter in compliance with the new law on charities.
If you require new version of charter or simply have some questions - contact us.
We are ready to help you!
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