Last modification: 19.05.21 13:47:32
On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations
(The Official Bulletin of the Verkhovna Rada of Ukraine (BVR), 2003, No. 31–32, Art. 263)
{As amended by Laws
No. 2452-IV of 03.03.2005, BVR, 2005, No. 16, Art. 257
No. 2454-IV of 03.03.2005, BVR, 2005, No. 16, Art. 259
No. 2704-IV of 23.06.2005, BVR, 2005, No. 32, Art. 421
No. 2919-IV of 22.09.2005, BVR, 2006, No. 1, Art. 11
No. 3422-IV of 09.02.2006, BVR, 2006, No. 26, Art. 210
No. 3456-IV of 22.02.2006, BVR, 2006, No. 27, Art. 234
No. 3575-IV of 16.03.2006, BVR, 2006, No. 37, Art. 310
No. 693-VI of 18.12.2008, BVR, 2009, No. 16, Art. 218
No. 809-VI of 25.12.2008, BVR, 2009, No. 19, Art. 263
No. 913-VI of 04.02.2009, BVR, 2009, No. 26, Art. 322
No. 1275-VI of 16.04.2009, BVR, 2009, No. 38, Art. 534
No. 1561-VI of 25.06.2009, BVR, 2009, No. 51, Art. 755
No. 1720-VI of 17.11.2009, BVR, 2010, No. 8, Art. 51
No. 1877-VI of 11.02.2010, BVR, 2010, No. 18, Art. 140
No. 2258-VI of 18.05.2010, BVR, 2010, No. 29, Art. 392
No. 2390-VI of 01.07.2010, BVR, 2010, No. 37, Art. 498
No. 2453-VI of 07.07.2010, BVR, 2010, Nos. 41–42, No. 43, Nos. 44–45, Art. 529
No. 2464-VI of 08.07.2010, BVR, 2011, Nos. 2–3, Art. 11
No. 2609-VI of 19.10.2010, BVR, 2011, No. 10, Art. 67
No. 2756-VI of 02.12.2010, BVR, 2011, No. 23, Art. 160
No. 2850-VI of 22.12.2010, BVR, 2011, No. 28, Art. 252
No. 2937-VI of 13.01.2011, BVR, 2011, No. 31, Art. 305
No. 3024-VI of 15.02.2011, BVR, 2011, No. 36, Art. 362
No. 3157-VI of 17.03.2011, BVR, 2011, No. 39, Art. 397
No. 3166-VI of 17.03.2011, BVR, 2011, No. 38, Art. 385
No. 3205-VI of 07.04.2011, BVR, 2011, No. 41, Art. 413
No. 3262-VI of 21.04.2011, BVR, 2011, No. 43, Art. 445
No. 3263-VI of 21.04.2011, BVR, 2011, No. 43, Art. 446
No. 3384-VI of 19.05.2011, BVR, 2011, No. 46, Art. 512
No. 3610-VI of 07.07.2011, BVR, 2012, No. 7, Art. 53
No. 4067-VI of 18.11.2011, BVR, 2012, No. 27, Art. 281
No. 4212-VI of 22.12.2011, BVR, 2012, Nos. 32–33, Art. 413
No. 4223-VI of 22.12.2011, BVR, 2012, No. 36, Art. 419
No. 4839-VI of 24.05.2012, BVR, 2013, No. 15, Art. 115
No. 5026-VI of 22.06.2012, BVR, 2013, No. 22, Art. 216
No. 5042-VI of 04.07.2012, BVR, 2013, No. 26, Art. 264
No. 5073-VI of 05.07.2012, BVR, 2013, No. 25, Art. 252
No. 5076-VI of 05.07.2012, BVR, 2013, No. 27, Art. 282
No. 5316-VI of 02.10.2012, BVR, 2013, No. 38, Art. 502
No. 5410-VI of 02.10.2012, BVR, 2013, No. 42, Art. 586
No. 5461-VI of 16.10.2012, BVR, 2014, No. 5, Art. 62
No. 5492-VI of 20.11.2012, BVR, 2013, No. 51, Art. 716
No. 5518-VI of 06.12.2012, BVR, 2014, No. 8, Art. 90
No. 406-VII of 04.07.2013, BVR, 2014, Nos. 20–21, Art. 712
No. 441-VII of 05.09.2013, BVR, 2014, Nos. 20–21, Art. 726
No. 642-VII of 10.10.2013, BVR, 2014, No. 22, Art. 773
No. 1155-VII of 25.03.2014, BVR, 2014, No. 17, Art. 596
No. 1206-VII of 15.04.2014, BVR, 2014, No. 24, Art. 885
No. 1253-VII of 13.05.2014, BVR, 2014, No. 28, Art. 935
No. 1258-VII of 13.05.2014, BVR, 2014, No. 28, Art. 936
No. 1669-VII of 02.09.2014, BVR, 2014, No. 44, Art. 2040
No. 1701-VII of 14.10.2014, BVR, 2014, No. 46, Art. 2048
No. 71-VIII of 28.12.2014, BVR, 2015, Nos. 7–8, No. 9, Art. 55
No. 77-VIII of 28.12.2014, BVR, 2015, No. 11, Art. 75
No. 191-VIII of 12.02.2015, BVR, 2015, No. 21, Art. 133
No. 198-VIII of 12.02.2015, BVR, 2015, No. 17, Art. 118
No. 222-VIII of 02.03.2015, BVR, 2015, No. 23, Art. 158
No. 285-VIII of 07.04.2015, BVR, 2015, No. 24, Art. 170
No. 317-VIII of 09.04.2015, BVR, 2015, No. 26, Art. 219
No. 319-VIII of 09.04.2015, BVR, 2015, No. 25, Art. 192
No. 475-VIII of 21.05.2015, BVR, 2015, No. 30, Art. 285
No. 629-VIII of 16.07.2015, BVR, 2015, No. 43, Art. 386
No. 652-VIII of 17.07.2015, BVR, 2015, No. 42, Art. 384
No. 667-VIII of 03.09.2015, BVR, 2015, No. 45, Art. 406
No. 815-VIII of 24.11.2015, BVR, 2016, No. 1, Art. 6
No. 901-VIII of 23.12.2015, BVR, 2016, No. 4, Art. 44
No. 909-VIII of 24.12.2015, BVR, 2016, No. 5, Art. 47}
{See amendments to the Law in Law No. 289-VIII of 07.04.2015, BVR, 2015, No. 25, Art. 188}
{As revised by Law No. 835-VIII of 26.11.2015, BVR, 2016, No. 2, Art. 17}
{As amended by Laws
No. 1403-VIII of 02.06.2016, BVR, 2016, No. 29, Art. 535
No. 1666-VIII of 06.10.2016, BVR, 2016, No. 47, Art. 800
No. 1774-VIII of 06.12.2016, BVR, 2017, No. 2, Art. 25
No. 2210-VIII of 16.11.2017, BVR, 2018, Nos. 6–7, Art. 38
No. 2275-VIII of 06.02.2018, BVR, 2018, No. 13, Art. 69
No. 2475-VIII of 03.07.2018, BVR, 2018, No. 36, Art. 272
No. 2491-VIII of 05.07.2018, BVR, 2018, No. 46, Art. 369
No. 2497-VIII of 10.07.2018, BVR, 2018, No. 37, Art. 276
Code
No. 2597-VIII of 18.10.2018, BVR, 2019, No. 19, Art. 74
Laws
No. 2673-VIII of 17.01.2019, BVR, 2019, No. 6, Art. 40
No. 124-IX of 20.09.2019, BVR, 2019, No. 46, Art. 295
No. 132-IX of 20.09.2019, BVR, 2019, No. 46, Art. 299
No. 139-IX of 02.10.2019, BVR, 2019, No. 47, Art. 310
No. 140-IX of 02.10.2019, BVR, 2019, No. 47, Art. 311
No. 159-IX of 03.10.2019, BVR, 2019, No. 47, Art. 312
No. 199-IX of 17.10.2019, BVR, 2019, No. 51, Art. 377
No. 324-IX of 03.12.2019, BVR, 2020, No. 11, Art. 63
No. 340-IX of 05.12.2019, BVR, 2020, No. 12, Art. 66
No. 361-IX of 06.12.2019, BVR, 2020, No. 25, Art. 171
No. 440-IX of 14.01.2020, BVR, 2020, No. 28, Art. 188
No. 943-IX of 03.11.2020
No. 1009-IX of 17.11.2020}
{In the text of the Law, the words “decision of a court” in all cases and numbers shall be replaced with the words “court judgement” in the appropriate case and number under the Law No. 2275-VIII of 06.02.2018}
{In the text of the Law, the words “due to their religious beliefs refused to accept a taxpayer identification number, notified the relevant supervisory authority and” under the Law No. 132-IX of 20.09.2019}
The Law regulates the relations arising with respect to the state registration of legal entities, their symbols (in the cases provided for in law), public organisations that do not have the status of a legal entity, and individual entrepreneurs.
1. For the purposes of this Law, the following definitions shall apply:
1) abstract from the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations (hereinafter – the abstract) is a document in electronic form or, in cases provided for in this Law, in paper form, which is generated based on the results of the registration activities and contains information on a legal entity or its separate unit, an individual entrepreneur (including registration with state statistics and tax authorities, issuance of licences and authorisation documents), or a public organisation that does not have the status of a legal entity, as well as conducted registration activities;
{Clause 1, part 1 of Article 1 as amended by Laws No. 1666-VIII of 06.10.2016, No. 2275-VIII of 06.02.2018, No. 440-IX of 14.01.2020}
2) extract from the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations (hereinafter – the extract) is a document in paper or electronic form, which is generated by the software of the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations according to the search criteria specified by the applicant and contains the information from the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations relevant as of the date and time of extract generation or as of the date and time specified in the request, or the information on the absence thereof in this register;
3) public organisations are political parties, structural units of political parties, public associations, local branches of a public association with the status of a legal entity, trade unions, their associations, trade union organisations, trade unions and their associations provided for in the charter, creative unions, local branches of creative unions, permanent arbitration courts, employers’ organisations, their associations, separate units of foreign non-governmental organisations, representative offices, branches of foreign charitable organisations;
4) state registration of legal entities, public organisations that do not have the status of a legal entity, and individual entrepreneurs (hereinafter – state registration) is the official recognition by the state by certifying the fact of establishment or dissolution of a legal entity, a public organisation that does not have the status of a legal entity, certifying the fact of the relevant status of a public association, trade union, its organisation or association, political party, employers’ organisation, associations of employers’ organisations and their symbols, certifying the fact of acquisition or deprivation of the status of an individual entrepreneur, changes in the information on a legal entity and individual entrepreneur contained in the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations, as well as other registration actions provided for in this Law;
5) state registrar of legal entities, individual entrepreneurs and public organisations (hereinafter – state registrar) is a person, who has labour relations with a state registration entity, a notary;
6) holder of the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations (hereinafter – holder of the United State Register) is the Ministry of Justice of Ukraine, which takes organisational measures related to ensuring the functioning of the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations;
7) United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations (hereinafter – the United State Register) is a united state information system for gathering, accumulating, processing, protecting, recording and providing information on legal entities, individual entrepreneurs and public organisations that do not have the status of a legal entity;
a founder(s) or a person authorised by them – when submitting documents for the state registration of the establishment of a legal entity, a public organisation that does not have the status of a legal entity;
a head of a state body, local government or a person authorised by them – when submitting documents for the state registration of the establishment of a state body, a local government;
a chairman of the dissolution commission or a person authorised by them – when submitting documents for the state registration of the dissolution of a legal entity;
an authorised representative of a legal entity, a public organisation that does not have the status of a legal entity – when submitting documents for other registration actions in relation to a legal entity, a public organisation that does not have the status of a legal entity;
an heir or legal successor of a member of a limited liability company, an additional liability company, or a person authorised by them – when applying for accession to a limited liability company, an additional liability company under the procedure of inheritance (legal succession) for state registration of changes in the information on a legal entity contained in the United State Register;
{Clause 8, part 1 of Article 1 has been supplemented with a new paragraph under the Law No. 159-IX of 03.10.2019}
a member, who withdraws from a limited liability company, an additional liability company, their heir or legal successor, or a person authorised by them – when applying for secession from a limited liability company, an additional liability company for state registration of changes in the information on a legal entity contained in the United State Register;
{Clause 8, part 1 of Article 1 has been supplemented with a new paragraph under the Law No. 159-IX of 03.10.2019}
a person who acquired membership interest (part of the membership interest) in the charter capital of a limited liability company, an additional liability company, a person who alienated (transferred) it, or a person authorised by them – when submitting a transfer and acceptance certificate of the membership interest (part of the membership interest) in the charter capital of a limited liability company, an additional liability company for the state registration of changes in the information on a legal entity contained in the United State Register;
{Clause 8, part 1 of Article 1 has been supplemented with a new paragraph under the Law No. 159-IX of 03.10.2019}
a plaintiff or a person authorised by them – when submitting a court judgement, which has become legally effective, on determining the amount of the charter capital of a limited liability company, an additional liability company and the amounts of membership interests in this company, or a court judgement, which has become legally effective, on recovery from the defendant (reclamation from their possession) of membership interest (part of the membership interest) in the charter capital of a limited liability company, an additional liability company for state registration of changes in the information on a legal entity contained in the United State Register;
{Clause 8, part 1 of Article 1 has been supplemented with a new paragraph under the Law No. 159-IX of 03.10.2019}
Deposit Guarantee Fund – when submitting documents for state registration of a decision to dissolve a bank due to a decision to revoke a banking license and wind up the bank;
Ministry of Justice of Ukraine and its territorial agencies – when submitting documents for state registration of a decision to dissolve a political party, its structural unit due to a court judgement on annulment of registration or prohibition of activities of the political party;
Ministry of Justice of Ukraine – when submitting documents for state registration of the dissolution of a separate unit of a foreign non-governmental organisation, representative office, branch of a foreign charitable organisation;
an individual who intends to become an entrepreneur, or a person authorised by them – when submitting documents for state registration of an individual entrepreneur;
an individual entrepreneur, or a person authorised by them – when submitting documents for other state registration actions in respect of the individual entrepreneur;
a state body, relatives (husband, wife, parents, children, grandchildren, grandparents, brothers, sisters) and heirs of an individual entrepreneur – when submitting documents for the state registration of termination of entrepreneurial activity of the individual entrepreneur due to their death, recognising them as missing or declaring them dead;
a member of a legal entity of private law (except for a joint-stock company) – when submitting documents for state registration of changes in the information on a legal entity contained in the United State Register, concerning the establishment of the requirement to notarise the authenticity of such member’s signature during their decision-making on the activities of the legal entity and/or the requirement to notarise the transaction involving the membership interest of such member in the charter (authorised) capital (unit trust) of the relevant legal entity, or the cancellation of such requirement;
{Clause 8, part 1 of Article 1 has been supplemented with a new paragraph under the Law No. 340-IX of 05.12.2019}
{Clause 8, part 1 of Article 1 has been supplemented with a paragraph under the Law No. 2275-VIII of 06.02.2018}
9) access code to the results of administrative services in the field of state registration (hereinafter – access code) is a unique digital sequence of 6 to 12 characters generated automatically and used to access the results of document examination through the portal of electronic services of legal entities, individual entrepreneurs and public organisations (hereinafter – portal of electronic services) or using the United State Web Portal of Electronic Services;
{Clause 9, part 1 of Article 1 as amended by Law No. 943-IX of 03.11.2020}
10) personal area of a legal entity, another organisation and an individual entrepreneur (hereinafter – personal area) is a personal web-page of a legal entity, an individual entrepreneur and a public organisation that does not have the status of a legal entity, on the portal of electronic services intended for submission of documents in electronic form for registration actions, free access of legal entities, individual entrepreneurs and public organisations that do not have the status of a legal entity, to the information on the results of the examination of these documents, to the documents contained in the registration file of these persons in electronic form, and to the information on these persons, which is relevant at the time of the request, or at a certain date;
11) portal of electronic services is a website designed as a systematic multilevel pool of different resources and services to ensure maximum access to information and services in the field of state registration, licensing, and permissive system in the field of economic activity;
12) principle of tacit consent in the field of state registration (hereinafter – the principle of tacit consent) is a principle according to which the state registrar is entitled to carry out the state registration and other registration actions without obtaining relevant documents (except for court judgements and enforcement documents) or information from state bodies in the manner and cases determined by this Law, given the relevant state bodies have not sent such documents or information to the state registrar within the period determined by this Law;
13) registration file is a set of documents in paper and/or electronic form, which were submitted for registration actions;
14) state registration entity:
Ministry of Justice of Ukraine – in case of state registration of political parties, all-Ukrainian trade unions, their associations, all-Ukrainian associations of employers’ organisations; separate units of foreign non-governmental organisations, representative offices, branches of foreign charitable organisations, permanent arbitration courts founded by all-Ukrainian public organisations, all-Ukrainian creative unions, symbols of public organisations;
{Paragraph 2, clause 14, part 1 of Article 1 as amended by Law No. 1666-VIII of 06.10.2016}
central executive authority implementing the state policy in the field of religion, the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations – in case of state registration of legal entities - religious organisations;
{Clause 14, part 1 of Article 1 has been supplemented with a new paragraph under the Law No. 2673-VIII of 17.01.2019}
territorial authorities of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, regions, the cities of Kyiv and Sevastopol – in case of state registration of primary, local, oblast, regional and republican trade unions, their organisations and associations, structural units of political parties, regional (local) creative unions, territorial branches of all-Ukrainian creative unions, local, oblast, republican in the Autonomous Republic of Crimea, Kyiv and Sevastopol city employers’ organisations and their associations, permanent arbitration courts, public associations, their separate units, public associations that do not have the status of a legal entity, confirmation of the all-Ukrainian status of a public association;
{Paragraph of clause 14, part 1 of Article 1 as revised by the Law No. 1403-VIII of 02.06.2016}
{Paragraph of clause 14, part 1 of Article 1 has been deleted under the Law No. 1403-VIII of 02.06.2016}
executive authorities of village, settlement and city councils, Kyiv and Sevastopol city, raion, Kyiv and Sevastopol city district state administrations, notaries – in case of state registration of legal entities (excluding cases provided for in paragraphs two through four of this clause) and individual entrepreneurs.
{Paragraph 6, clause 14, part 1 of Article 1 as amended by Laws No. 2673-VIII of 17.01.2019, No. 159-IX of 03.10.2019}
Executive authorities of village, settlement and city councils (except for cities of regional significance and/or republican significance in the Autonomous Republic of Crimea) shall be empowered to state registration of legal entities and individual entrepreneurs in accordance with this Law in case of such a decision made by a respective council;
{Paragraph 7, clause 14, part 1 of Article 1 as amended by Law No. 2673-VIII of 17.01.2019}
{Paragraph 8, clause 14, part 1 of Article 1 has been deleted under the Law No. 159-IX of 03.10.2019}
{Paragraph 9, clause 14, part 1 of Article 1 has been deleted under the Law No. 159-IX of 03.10.2019}
{Paragraph 10, clause 14, part 1 of Article 1 has been deleted under the Law No. 159-IX of 03.10.2019}
{Paragraph 11, clause 14, part 1 of Article 1 has been deleted under the Law No. 159-IX of 03.10.2019}
15) technical error is a clerical, typographical, grammatical, arithmetical error made by the state registrar when carrying out registration actions;
16) technical administrator of the United State Register (hereinafter – the technical administrator) is a state unitary enterprise defined by the Ministry of Justice of Ukraine and operating under its authority, which takes measures for creation, improvement and close support of the software of the United State Register, the portal of electronic services, and is responsible for their technical and technological support, storage and protection of data contained in the United State Register, provides, blocks and revokes the access to the United State Register, as well as provides training on how to use the register;
17) constituent document of a legal entity is a founding act, charter, programme of a political party, model charter, foundation agreement, sole declaration (memorandum), regulations, etc;
18) desk audit is an audit carried out on the premises of the Ministry of Justice of Ukraine solely on the basis of data from the United State Register.
{Part 1 of Article 1 has been supplemented with clause 18 under the Law No. 1666-VIII of 06.10.2016}
The terms “ultimate beneficial owner” and “ownership structure” shall have the meanings given in the Law of Ukraine “On Preventing and Countering the Legalisation (Laundering) of the Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”.
{Paragraph of part 1 of Article 1 as revised by Law No. 361-IX of 06.12.2019}
2. Other terms shall have the meanings given in the Commercial Code, the Civil Code of Ukraine and other legislative acts.
Article 2. Legislation in the field of the state registration
1. Relations arising in the field of state registration shall be regulated by the Constitution of Ukraine, this Law and regulatory legal acts adopted in accordance with this Law.
2. If an international treaty ratified by the Verkhovna Rada of Ukraine establishes other regulations than those envisaged by the legislation of Ukraine on state registration, the regulations of the international treaty shall apply.
1. The scope of this Law shall apply to relations arising in the field of state registration of legal entities regardless of organisational and legal form, the form of ownership and subordination, their symbols (in cases provided for in law), public organisations that do not have the status of a legal entity, and individual entrepreneurs.
{Part 1 of Article 3 as amended by Law No. 1666-VIII of 06.10.2016}
2. The Law may establish peculiarities of state registration of public organisations, religious organisations.
{Part 2 of Article 3 as amended by Law No. 2673-VIII of 17.01.2019}
Article 4. General provisions on state registration
1. State registration shall rely on the following key principles:
1) compulsory nature of state registration in the United State Register;
2) publicity of state registration in the United State Register and documents which served as a ground for such registration;
3) regulation of relations connected with state registration, and peculiarities of state registration solely by this Law;
4) state registration based on the declarative principle;
{Clause 5, part 1 of Article 4 has been deleted under the Law No. 1666-VIII of 06.10.2016}
6) unity of the methodology for state registration;
7) even-handedness, reliability and completeness of information in the United State Register;
8) entry of information to the United State Register solely under and in accordance with this Law;
9) openness and accessibility of information in the United State Register.
2. State registration of legal entities, public organisations that do not have the status of a legal entity, on the grounds of documents submitted in paper form, shall be held within the Autonomous Republic of Crimea, region, cities of Kyiv and Sevastopol at the location of the legal entity or public organisation that does not have the status of a legal entity.
By an order of the Ministry of Justice of Ukraine, state registration of legal entities and public organisations that do not have the status of a legal entity, on the grounds of documents submitted in paper form, may be held in certain cases within several administrative and territorial units, defined in paragraph 1 of this part, or within Ukraine regardless of the location of the legal entity or public organisation that does not have the status of a legal entity.
State registration of individual entrepreneurs on the grounds of documents submitted in paper and electronic form, as well as state registration of legal entities, public organisations that do not have the status of a legal entity on the grounds of documents submitted in electronic form, shall be held regardless of their location.
{Article 4 has been supplemented with a new part under the Law No. 1666-VIII of 06.10.2016; as revised by Law No. 159-IX of 03.10.2019}
3. State registration of changes in the information on a legal entity contained in the United State Register as a result of notarisation of the transaction involving the alienation (transfer) of the founder’s (member’s) interest in the charter (authorised) capital (unit trust) of the legal entity (except for joint-stock companies, limited liability companies, additional liability companies), as a result of the certificate of the right to inherit the founder’s (member’s) interest in the charter (authorised) capital (unit trust) of the legal entity (except for joint-stock companies, limited liability companies, additional liability companies) shall be carried out by a notary, who performed the relevant notarial act, immediately after making a certifying inscription on the document or signing the document, which is issued by them, except for cases of notarisation of a transaction with legal effect being associated with the occurrence of certain circumstances, and other cases stipulated by this Article.
In case of valid reasons (extraordinary or unavoidable under given conditions event (force majeure)), state registration of changes in the information on a legal entity contained in the United State Register as a result of the relevant notarial action may be carried out by another notary upon agreement with them and upon prior written notice of the appropriate territorial authority of the Ministry of Justice of Ukraine with an indication of valid reasons, information on the notary, who will carry out the state registration of changes in the information on a legal entity contained in the United State Register, and the period of absence.
Applications for state registration of changes in the information on a legal entity contained in the United State Register shall be transferred to another notary with the help of software for keeping the United State Register by the relevant territorial authority of the Ministry of Justice of Ukraine.
In case of death of a notary, or declaring them dead or missing in the manner prescribed by law, or if the notary for health reasons cannot perform the actions provided for in paragraph 1 of this part, the notary terminates or suspends their activities, the applications for state registration of changes in the information on a legal entity contained in the United State Register shall be transferred to another notary upon an order of the relevant territorial authority of the Ministry of Justice of Ukraine.
The provisions of this part shall also apply to cases of other registration actions performed by a notary, who, under the conditions defined by parts 2 and 3 of this Article, cannot carry out the registration actions within the periods defined by this Law on applications that are pending before such notary.
{Part of Article 4 as revised by Law No. 159-IX of 03.10.2019}
4. In case of spin-off of legal entities, the state registration of the legal entities established due to the spin-off and the state registration of changes in the information contained in the United State Register on the legal entity, from which the spin-off took place, in respect of the legal entity - successor shall be carried out. The spin-off shall be deemed completed from the date of state registration of changes in the information contained in the United State Register on the legal entity, from which the spin-off took place, in respect of the legal entity - successor.
5. In case of mergers of legal entities, the state registration of a newly established legal entity and the state registration of dissolution of the legal entities that dissolve as a result of the merger shall be carried out. The merger shall be deemed completed from the date of state registration of dissolution of the legal entities that dissolve as a result of the merger.
{Part of Article 4 as amended by Law No. 1666-VIII of 06.10.2016}
6. In case of transformation of legal entities, the state registration of dissolution of the legal entity that dissolves as a result of the transformation and the state registration of a newly established legal entity shall be carried out. The transformation shall be deemed completed from the date of state registration of the newly established legal entity.
7. In case of split-up of legal entities, the state registration of newly established legal entities and the state registration of dissolution of the legal entity that dissolves as a result of the split-up. The split-up shall be deemed completed from the date of state registration of dissolution of the legal entity that dissolves as a result of the split-up.
8. In case of consolidation of legal entities, the state registration of dissolution of the legal entities that dissolves as a result of consolidation and the state registration of changes in the information contained in the United State Register on the legal succession of the legal entity to which they consolidate. The consolidation shall be deemed completed from the date of state registration of changes in the information contained in the United State Register on the legal succession of the legal entity to which they consolidate.
9. An individual entrepreneur shall be deprived of the status of an entrepreneur from the date of entry in the United State Register on the state registration of termination of entrepreneurial activity by this individual.
10. Representative offices of foreign business entities shall be subject to registration in the manner prescribed by the Law of Ukraine “On Foreign Economic Activity”.
Section II
STATE REGISTRATION AUTHORITIES
Article 5. System of state registration authorities
1. The system of authorities in the field of state registration shall consist of:
1) the Ministry of Justice of Ukraine;
2) other state registration entities.
2. The powers of the Ministry of Justice of Ukraine in the field of state registration shall include:
1) state policy-making in the field of state registration;
2) regulatory, methodological and information support in the field of state registration;
2-1) arrangement of work on training and professional development of state registrars, except for notaries in charge of state registration in accordance with the responsibilities assigned to them by law;
{Part 2 of Article 5 has been supplemented with clause 2-1 under Law No. 159-IX of 03.10.2019}
3) coordination of activities in the field of state registration of public organisations;
4) control over activities in the field of state registration, including by continuous monitoring of registration actions in the United State Register in accordance with this Law, and making binding decisions as provided for in this Law;
{Clause 4, part 2 of Article 5 as revised by Law No. 1666-VIII of 06.10.2016}
5) exercising the powers of the holder of the United State Register;
6) designation of the technical administrator;
7) provision of access to the United State Register for state registrars, authorised persons of state rights registration entities, other entities in accordance with this Law, and making decisions on temporary blocking or cancellation of such access in cases provided for in this Law;
{Clause 7, part 2 of Article 5 as revised by Law No. 1666-VIII of 06.10.2016}
8) consideration of complaints against decisions, actions or omissions of state registrars, state registration entities, territorial authorities of the Ministry of Justice of Ukraine, and making binding decisions as provided for in this Law;
{Clause 8, part 2 of Article 5 as amended by Law No. 1666-VIII of 06.10.2016}
9) drawing up administrative offence reports in cases provided for in the Code of Ukraine on Administrative Offences;
10) interaction with state bodies, local governments, international organisations for state registration;
11) state registration of political parties, all-Ukrainian trade unions, their associations, all-Ukrainian associations of employers’ organisations; separate units of foreign non-governmental organisations, representative offices, branches of foreign charitable organisations, permanent arbitration courts founded by all-Ukrainian public organisations, all-Ukrainian creative unions, symbols of public organisations;
{Clause 11, part 2 of Article 5 as amended by Law No. 1666-VIII of 06.10.2016}
12) provision of abstracts in paper form for apostille and affixing of apostille on them;
{Clause 12, part 2 of Article 5 as amended by Law No. 1666-VIII of 06.10.2016}
13) exercise of other powers provided for in this Law and other regulatory legal acts.
3. The powers of other state registration entities shall include:
reception of documents submitted for state registration;
state registration and other registration actions;
keeping of the United State Register and provision of information from it;
formation and storage of registration files;
{Paragraph 5, clause 1, part 3 of Article 5 as amended by Law No. 1666-VIII of 06.10.2016}
2) exercise of other powers provided for in this Law and other regulatory legal acts.
{Paragraph 8, part 3 of Article 5 has been deleted under Law No. 159-IX of 03.10.2019}
1. A state registrar may be a citizen of Ukraine, who has higher education, meets the qualification requirements defined by the Ministry of Justice of Ukraine and is in labour relations with the state registration entity (except for notaries), and a notary.
1-1) prioritise the documents submitted for state registration;
{Part 2 of Article 6 has been supplemented with clause 1-1 under the Law No. 159-IX of 03.10.2019}
2) check the documents for grounds to suspend the examination of documents;
3) check the documents for grounds to refuse state registration;
3-1) during registration actions in cases provided for in this Law, necessarily use the information from registers, automated information systems held (disposed, owned, administrated) by state bodies through direct access to them, including information containing personal data of a person, as well as use the information received under the procedure of information interaction between the United State Register and information systems of state bodies;
{Part 2 of Article 6 has been supplemented with clause 3-1 under the Law No. 159-IX of 03.10.2019}
3-2) verify the validity of a power of attorney notarised in accordance with the legislation of Ukraine through the United Register of Powers of Attorney;
{Part 2 of Article 6 has been supplemented with clause 3-2 under the Law No. 159-IX of 03.10.2019}
3-3) verify the use of special forms of notarial documents setting out the documents submitted for registration actions by means of the United Register of Special Forms of Notarial Documents;
{Part 2 of Article 6 has been supplemented with clause 3-3 under the Law No. 159-IX of 03.10.2019}
4) carry out the registration action (including taking into account the principle of tacit consent) in the absence of grounds to suspend the examination of documents and refuse state registration by making an entry in the United State Register;
5) keep the United State Register;
6-1) under the established procedure and in the cases provided for in the Law of Ukraine “On Enforcement Proceedings”, provide information to a state enforcement agency or a private enforcement officer;
{Part 2 of Article 6 has been supplemented with clause 6-1 under the Law No. 2475-VIII of 03.07.2018}
7) exercise other powers stipulated by this Law.
3. When carrying out the state registration of termination of entrepreneurial activity of an individual entrepreneur due to their death or declaring them dead, as well as when carrying out the registration of changes associated with changes in the membership of founders (members) of a legal entity due to the death of the respective founder (member) or being declared dead, the state registrar shall necessarily use the information from the State Civil Register through direct access to it.
When carrying out registration actions in respect of a legal entity (except for state registration of dissolution) and in case of submission by such legal entity of information on the person who is the ultimate beneficial owner of the legal entity, the state registrar shall necessarily check (verify) the information specified in respect of this person, using the information from the State Civil Register, the Unified State Demographic Register, the State Register of Individual Taxpayers, the Unified Information System of the Ministry of Internal Affairs of Ukraine on the search for missing persons and stolen (lost) documents upon applications of citizens.
The information from the State Civil Register, the Unified State Demographic Register, the State Register of Individual Taxpayers, the Unified Information System of the Ministry of Internal Affairs of Ukraine received by the state registrar shall remain in the relevant registration file.
The use of the State Civil Register, the Unified State Demographic Register, the State Register of Individual Taxpayers, the Unified Information System of the Ministry of Internal Affairs of Ukraine shall be made directly by the state registrar, which carries out the relevant state registration.
In order to verify identity documents, the state registrar necessarily checks such documents using the Unified State Demographic Register.
{Part 3 of Article 6 as revised by Law No. 361-IX of 06.12.2019}
4. When carrying out the state registration of changes associated with changes in the membership of founders (members) of a legal entity of private law, if such changes neither result from the notarisation of the transaction involving the alienation (transfer) of the founder’s (member’s) interest in the charter (authorised) capital (unit trust) of the legal entity (except for joint-stock companies), the certificate of the right to inherit the founder’s (member’s) interest in the charter (authorised) capital (unit trust) of the legal entity (except for joint-stock companies), nor are based on a court judgement, the state registrar shall determine the scope of civil legal capacity of individuals and verify the civil legal capacity of legal entities, verify the authority of the representative of an individual or legal entity.
The scope of civil legal capacity shall be determined, and the authority of the representative shall be verified in respect of the founder (member) who owns an interest in the charter (authorised) capital (unit trust) of the relevant legal entity and in respect of the person who acquires such an interest.
{Article 6 has been supplemented with a new part under the Law No. 159-IX of 03.10.2019}
5. The civil legal capacity of an individual citizen of Ukraine shall be verified through obtaining the information on this person from the State Civil Register. The legal capacity of an individual foreigner or stateless person shall be verified on the ground of a document that confirms their identity and is the basis for stay in Ukraine.
The civil legal capacity of a legal entity registered under the legislation of Ukraine shall be verified by obtaining the information on such person, including its constituent documents, from the United State Register of Legal Entities, Individual Entrepreneurs and Public Organisations and checking the compliance of the registration action being carried out with the scope of its civil legal capacity. The civil legal capacity of a non-resident legal entity shall be verified on the grounds of an extract from the relevant register kept by the country of residence of such legal entity executed in compliance with the rules of document legalisation for action abroad, and, if necessary, its constituent documents (copies thereof) duly legalised.
The scope of civil legal capacity shall be determined, and the authority of the representative shall be verified in respect of the person who acquires or owns the property (corporate) rights in the legal entity.
When documents for state registration are submitted by an authorised person, the scope of authority of such a person shall be established on the ground of a document confirming their authority to act on behalf of another person.
For the purposes of registration actions, the document confirming the authority to act on behalf of another person shall be a document confirming the authority of the legal representative of the person, a notarised power of attorney or information from the United State Register on the person authorised to act on behalf of the person.
The validity of a power of attorney notarised in accordance with the legislation of Ukraine shall be verified by means of the United Register of Powers of Attorney.
{Article 6 has been supplemented with a new part under the Law No. 159-IX of 03.10.2019}
6. The State Civil Register, the United Register of Powers of Attorney shall be used directly by the state registrar conducting the relevant state registration.
{Article 6 has been supplemented with a new part under the Law No. 159-IX of 03.10.2019}
7. The state registrar shall have no right to carry out registration actions in respect of the state registration entity, with which the state registrar is in labour relations or the founder (member) of which they are. In such a case, the state registration shall be carried out by another state registrar.
{Paragraph 2, part 7 of Article 6 has been deleted under the Law No. 159-IX of 03.10.2019}
The state registrar shall have no right to carry out registration actions in respect of themselves, their husband or their wife, their relatives (parents, children, grandchildren, grandparents, brothers, sisters), as well as legal entities the founder (member) of which they are. In such a case, the state registration shall be carried out by another state registrar of the respective state registration entity.
8. Interference of any bodies, their officials, citizens, legal entities and public organisations that do not have the status of a legal entity with the activities of the state registrar when carrying out registration actions, except for the cases provided for in this Law, shall be prohibited and shall entail liability under the law.
9. In case of armed conflict, temporary occupation, anti-terrorist operation, the Ministry of Justice of Ukraine may decide to temporarily block access of state registrars operating in the relevant territory (notarial district) to the United State Register.
Section III
United State Register and Portal of Electronic Services
Article 7. United State Register
1. The United State Register is created in order to provide state bodies and local governments, as well as participants in civil turnover, with reliable information on legal entities, public organisations that do not have the status of a legal entity and individual entrepreneurs from the United State Register.
An integral archival part of the United State Register shall be the Register of Authorisation Documents, the United Register of Public Organisations, the Register of Public Associations and the United Register of Enterprises under Bankruptcy Proceedings.
{Part 1 of Article 7 has been supplemented with paragraph 2 under the Law No. 1666-VIII of 06.10.2016; as amended by Law No. 139-IX of 02.10.2019}
2. The United State Register shall be kept in the state language using software that ensures its compatibility and interaction with other information systems and networks constituting an information resource of the state.
{Part 2 of Article 7 as amended by Law No. 124-IX of 20.09.2019}
3. The software of the United State Register shall ensure:
1) automation of the state registration process and other registration actions, and reproduction of its procedures, including:
automatic generation and assignment of date and number of an entry in the United State Register;
displaying of the information on completed registration actions, refusal to carry out them, on the cancellation of registration actions, on the rectification of mistakes made in the information of the United State Register, on the state registration entity and the state registrar;
displaying of the information on the results of the examination of the documents submitted for state registration, on the provision of information from the United State Register;
displaying of the information on the documents submitted for registration actions, including the effective date and number of the court judgement which is the ground for a registration action;
automatic monitoring of risky registration actions according to the criteria established by the Cabinet of Ministers of Ukraine;
{Clause 1, part 3 of Article 7 as revised by Law No. 159-IX of 03.10.2019}
2) filling out and printing of the application form for state registration;
3) identification of applicants submitting documents for state registration in electronic form using electronic digital signature and alternative electronic digital signature means of identification of such applicants;
4) state registration under the principle of extraterritoriality;
5) control over the completeness of entries in the United State Register and the conduct of registration actions;
6) searching for ties between legal entities and their founders (members), ultimate beneficial owners (controllers), including ultimate beneficial owners (controllers) of the founder, heads of legal entities, visualisation of all direct and indirect ties;
7) maintenance of registration files in electronic form and creation of their electronic archive;
8) transfer of information from the United State Register to state bodies in cases stipulated by this Law;
9) information interaction between the United State Register and information systems of state bodies, including automated, direct access of state registrars to registers, automated information systems held (disposed, owned, administrated) by state bodies, including those containing personal data of a person;
{Clause 9, part 3 of Article 7 as amended by Law No. 159-IX of 03.10.2019}
10) storage of information on legal entities, other organisations and individual entrepreneurs for a period of 75 years from the date of entry on the state registration of dissolution of a legal entity or organisation, or termination of the entrepreneurial activity of an individual entrepreneur;
11) data protection in accordance with law;
12) fulfilment of the functions of the United State Register database administrator to the full extent (accumulation, analysis of data, updating and processing of data, access rights, etc.);
13) other operations as defined by this Law.
4. Information constituting state secrets shall not be entered into the United State Register.
5. The United State Register and its software shall be an item of state property.
6. The state registrar shall access the United State Register by means of multi-factor authentication.
{Article 7 has been supplemented with part 6 under the Law No. 159-IX of 03.10.2019}
Article 8. Portal of electronic services
1. The portal of electronic services shall ensure:
{Paragraph 1, part 1 of Article 8 as amended by Law No. 159-IX of 03.10.2019}
1) interaction with the applicant in “question-answer” format (with an option to choose Ukrainian or English interface);
{Clause 1, part 1 of Article 8 as revised by Law No. 132-IX of 20.09.2019}
2) submission of documents in electronic form for state registration, licensing of economic activities, issuance of authorisation documents;
{Clause 2, part 1 of Article 8 as revised by Law No. 132-IX of 20.09.2019}
3) control over the completeness and reliability of the information filled in by the applicant for state registration, licensing of economic activities and issuance of authorisation documents;
{Clause 3, part 1 of Article 8 as revised by Law No. 132-IX of 20.09.2019}
4) that the progress of examination of the submitted documents can be viewed and the applicant is informed in the manner of their choice about the stages of examination of the relevant documents;
{Clause 4, part 1 of Article 8 as revised by Law No. 132-IX of 20.09.2019}
5) access to information and documents specified in this Law;
{Clause of part 1 of Article 8 as revised by Law No. 132-IX of 20.09.2019}
6) generation, according to a certain algorithm, of a digital code of the model charter, which allows identifying by automatic means the version of the model charter under which the legal entity operates (if the model charter is multi-version);
{Clause of part 1 of Article 8 as revised by Law No. 132-IX of 20.09.2019}
7) making public the results of administrative services;
8) generation and submission of electronic requests for extracts;
9) viewing, copying and printing of abstracts, extracts and other documents and information from the United State Register, as well as the versions of the model charter under which the legal entity operates (if the model charter is multi-version);
{Clause 9, part 1 of Article 8 as amended by Law No. 132-IX of 20.09.2019}
10) payment of the administrative fee and payment for the provision of information from the United State Register using real-time Internet payment systems;
11) functioning of a personal area;
12) access of state bodies, including courts, National Police authorities, prosecution offices, agencies of the Security Service of Ukraine, as well as local governments and their officials, to the information in the United State Register;
13) other operations as defined by this Law.
{See amendments to part 1 of Article 8 in Law No. 159-IX of 03.10.2019}
2. The operational procedure for the portal of electronic services, which determines inter alia the algorithm for generating a digital code of a model charter, shall be approved by the Ministry of Justice of Ukraine.
{Part 2 of Article 8 as revised by Law No. 132-IX of 20.09.2019}
Article 9. Information in the United State Register
1. Information on a legal entity, a public organisation that does not have the status of a legal entity and an individual entrepreneur shall be entered into the United State Register on the grounds of:
1) respective applications for state registration;
2) documents submitted for other registration actions;
3) information received as a result of information exchange between the United State Register and information systems of state bodies.
2. The United State Register shall contain the following information on a legal entity, except for state bodies and local governments as legal entities:
1) name of a legal entity, including its abbreviated name (if any);
2) identification code of a legal entity in the United State Register of Enterprises and Organisations of Ukraine (hereinafter – identification code);
3) organisational and legal form;
3-1) type of religious organisation;
{Part 2 of Article 9 has been supplemented with clause 3-1 under the Law No. 2673-VIII of 17.01.2019}
3-2) religious denomination of a religious organisation;
{Part 2 of Article 9 has been supplemented with clause 3-2 under the Law No. 2673-VIII of 17.01.2019}
4) type of public organisation (political party, a structural unit of a political party; public association, a local branch of a public association with the status of a legal entity; a trade union, a trade union association, a trade union organisation provided for in the charter of a trade union, an association of trade union organisations, an employers’ organisation, an association of employers’ organisations; a creative union, a local branch of a creative union);
5) data on the status of a public organisation;
6) central or local executive authority with the scope of administration including a legal entity of public law, or which exercises the functions of administering the corporate rights of the state in the respective legal entity;
7) purpose of the activity of a public organisation;
8) list of founders and members (except for members of public organisations, joint-stock companies, public organisations that do not have the status of a legal entity, charitable foundation and political parties) of a legal entity: surname, name, patronymic (if any), date of birth, country of citizenship, place of residence, taxpayer identification number (if any), passport series and number, if the founder is an individual; name, country of residence, location and identification code, if the founder is a legal entity; a note on the termination of powers as a founder of a public organisation in connection with state registration;
{Clause 8, part 2 of Article 9 as amended by Law No. 159-IX of 03.10.2019}
8-1) information on the establishment of a requirement to notarise the authenticity of member’s signature during their decision-making on respective legal entity’s activity and/or a requirement to notarise a transaction involving the membership interest of a member in the charter (authorised) capital (unit trust) of the relevant legal entity: information on the member as stipulated by clause 8 of this part, which establishes these requirements, requirements to notarise the authenticity of a signature and/or to notarise a transaction;
{Part 2 of Article 9 has been supplemented with clause 8-1 under the Law No. 340-IX of 05.12.2019}
9) information on the ultimate beneficial owner of a legal entity, including the ultimate beneficial owner of a founder, if the founder is a legal entity (except for political parties, structural units of political parties, trade unions, their associations, trade union organisations provided for in the charter of trade unions and their associations, creative unions, local branches of creative unions, employers’ organisations, their associations, bar associations, chambers of commerce and industry, condominium associations, religious organisations, state bodies, local governments, their associations, state and municipal enterprises, institutions, organisations): surname, name, patronymic (if any), date of birth, country of citizenship, series and number of passport of a citizen of Ukraine or passport document of a foreigner, place of residence, rtaxpayer identification number (if any), as well as full name and identification code (for resident) of the legal entity’s founder wherein this person is the ultimate beneficial owner, nature and extent (level, scope, portion) of beneficial ownership (benefit, interest, impact). If a legal entity has no ultimate beneficial owner of the legal entity, including no ultimate beneficial owner of its founder, if the founder is a legal entity, the justified reason for their absence shall be recorded;
{Clause 9, part 2 of Article 9 as revised by Law No. 361-IX of 06.12.2019}
10) location of a legal entity;
12) information on the managerial bodies of a legal entity;
{Clause 12, part 2 of Article 9 as amended by Law No. 159-IX of 03.10.2019}
13) information on the head of a legal entity and other persons (if any) who may act on behalf of the legal entity, including sign contracts, submit documents for state registration, etc.: surname, name, patronymic, date of birth, taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), data on restrictions concerning the representation of the legal entity;
{Clause 13, part 2 of Article 9 as amended by Law No. 159-IX of 03.10.2019}
14) information on members of governing bodies: name, surname, patronymic, date of birth, position, contact phone number and other means of communication – for a public organisation;
15) amount of the charter (authorised) capital (unit trust) and amount of the membership interest of each of the founders (members);
16) type of a constituent document (founding act, charter, model charter, foundation agreement, sole declaration (memorandum), regulations, etc.) and the constituent document, as well as the digital code of a model charter (if the model charter is multi-version);
{Clause 16, part 2 of Article 9 as amended by Laws No. 132-IX of 20.09.2019, No. 159-IX of 03.10.2019}
17) information on a constituent document under which the public organisation operates – in the event of establishing a legal entity under a constituent document of another public organisation;
18) information for communication with a legal entity: phone number, e-mail address;
19) date and number of the entry in the United State Register;
20) data on separate units of a legal entity:
identification code of a separate unit;
location of a separate subdvision;
types of activities of a separate unit;
information on the head of a separate unit: surname, name, patronymic, position, date of birth, date of appointment and taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), data on restrictions concerning the representation on behalf of the legal entity;
information on members of governing bodies: name, surname, patronymic, date of birth, position, contact phone number and other means of communication – for a separate unit of a public organisation;
information on the affiliation of a separate unit of a legal entity, which dissolves through merger, consolidation, split-up or transformation, to a legal entity - successor;
information for communication with a separate unit: phone number and e-mail address;
21) data on a unit of the public organisation that has the status of a legal entity (local branch of a public association, local branch of a creative union, trade union organisation)
22) data that a legal entity is a separate unit of a public organisation;
23) data that a legal entity is a structural unit of a political party;
24) information on structural units of a political party:
type of a structural unit of a political party (regional, city, district organisation, primary branch, another structural unit);
the territory within which a structural unit of a political party operates, the status of a legal entity;
date and number of the decision by a governing body of a political party, which approved the application for state registration of a structural unit of a political party;
information on structural units of a political party with the status of a legal entity contained in part 2 of this Article;
additional information on structural units of a political party that do not have the status of a legal entity: date and number of the entry in the United State Register, name (full, abbreviated (if any), date of legalisation (registration) and registration number in the paper Register of Regional, City, District Organisations or Other Structural Units Provided for in the Party Charter or in the record book for primary branches of political parties, information on the head of a structural unit: surname, name, patronymic, information on the membership of governing bodies, location, phone number, information on the termination of activity of a structural unit of a political party: date, ways of (reorganisation, winding-up (voluntary dissolution), prohibition of activity, annulment of registration) and ground for termination of activity, grounds to suspend the examination of documents, gorunds to refuse state registration, information on cancellation of registration actions, information on a state registration entity and a state registrar, data on making public the results of examination of the documents submitted for state registration, place of storage of a registration file in paper form, data on the provision of information from the United State Register, data on the rectification of mistakes made in the information of the United State Register;
25) date of legalisation (registration) and registration number in the paper Register of Political Parties, Register of Citizens’ Associations, Register of Creative Unions – for public organisations legalised (registered) before this Law became effective;
26) data on whether a legal entity is undergoing the process of dissolution, including data on the decision to dissolve the legal entity, information on the dissolution commission (liquidator, winding-up commission, etc.) and on the period set by the founders (members) of the legal entity, the court or the body that made the decision to dissolve the legal entity for creditors to submit their claims;
27) data on the revocation of a decision of the founders (members) or the body authorised by them to dissolve a legal entity;
28) data on whether a legal entity is under a bankruptcy proceeding, rehabilitation process, including information on the property administrator, rehabilitation manager, liquidator;
{Clause 28, part 2 of Article 9 as amended by Code No. 2597-VIII of 18.10.2018}
29) data on legal entities the successor of which is a registered legal entity;
30) data on legal entities - successors;
31) date of adoption, effective date and number of a court judgement which is the ground for a registration action;
{Clause 31, part 2 of Article 9 as amended by Law No. 1666-VIII of 06.10.2016}
32) information on the prohibition of the activity of a public organisation: annulment of registration or prohibition of the activity of a political party, prohibition of the activity of a public association;
33) grounds for suspending the examination of documents;
34) information on sending a notification to law enforcement bodies in case of doubts about the authenticity of the submitted documents;
35) grounds for refusal of state registration;
36) information on cancellation of registration actions;
37) information on a state registration entity and a state registrar;
38) data on making public the results of the examination of the documents submitted for state registration;
39) place of storage of a registration file in paper form;
40) data on the provision of information from the United State Register;
41) financial statement on the economic activity of a legal entity (except for budget institutions) as part of the balance sheet and profit and loss statement in electronic form received from the information system of the central executive authority implementing the state policy in the field of statistics;
42) information received under the information interaction between the United State Register and the information systems of state bodies;
43) information on the death of a founder (member ) of a legal entity, recognising them as missing or declaring them dead, information on the death of the head of a legal entity and the person who can act on behalf of the legal entity;
44) data on symbols: type of symbols (party anthem, flag, identification mark, motto, emblem, other types), description of symbols, images of symbols, date and number of the entry in the United State Register, date of taking note of the notification on the expiration of symbols, grounds to suspend the examination of documents, grounds to refuse state registration, information on cancellation of registration actions, information on a state registration entity and a state registrar, information on making public the results of the examination of the documents submitted for state registration, information on the provision of information from the United State Register, information on the rectification of mistakes made in the information of the United State Register;
45) information on licensing the economic activity of a business entity:
type of economic activity subject to licensing, which the licensee is entitled to engage in;
date and number of a decision by a licensing authority to issue a license to engage in economic activity subject to licensing;
list of types of works covered by the license – in case the license was issued for separate types of works;
date of the licence, validity term of the licence (in case the law establishes a licence validity term);
date and number of a decision by a licensing authority to dismiss an application for a license and reject to issue the license (stating the reasons for dismissal of an application for a license and rejection), to make changes in the list of types of works covered by the license, or reject to make changes in this list;
date and number of a decision by a licensing authority to extend, narrow the scope of economic activity of the licensee;
information on locations where the licensee is engaged in the economic activity subject to licensing (including the date of adding information on the locations of the economic activity);
ground, date and number of a decision to renew the license;
date and number of a decision by a licensing authority on suspending, completely or partially, the license to engage in the type of economic activity subject to licensing (stating the name of the part of economic activity to be suspended), its effective date;
date and number of a decision by a licensing authority on renewing, completely or partially, the license to engage in the type of economic activity subject to licensing;
date and number of a decision to cancel, completely or partially, the license to engage in the economic activity subject to licensing, its effective date;
date and number of a notification from a specially authorised licensing authority on admitting the complaint by the Expert and Appeal Board on Licensing stating the information on suspending a decision of the licensing authority being appealed:
date and number of the order by a specially authorised licensing authority on the examination of the complaint stating the result of its examination;
information on the licensee’s appeal to the court against a decision of a licensing authority;
information on a court judgement stating the result of examining the appealed decision of the licensing authority;
date and number of a decision by a licensing authority to revoke a decision it had taken following an order of a specially authorised licensing authority to examine a complaint, a court judgment;
information on recognising the licence as invalid including the date and number of a decision (if any);
information on the state body (name, identification code) and the surname, name and patronymic of the official who made an entry into the United State Register;
{Clause 45, part 2 of Article 9 as revised by Laws No. 139-IX of 02.10.2019, No. 199-IX of 17.10.2019}
46) information on the issuance of authorisation documents:
facility covered by the authorisation document issued;
name of the authorisation document issued:
date and number of a decision to issue an authorisation document or a notification of refusal to issue an authorisation document (stating the grounds for refusal);
validity term of an authorisation document (indefinite validity term of the document);
date of an authorisation document;
grounds, date and number of a decision to withdraw an authorisation document;
date of receipt of the declaration of conformity of the business entity’s basic infrastructure with legislative requirements;
date and number of a court judgement declaring the withdrawal of an authorisation document groundless;
date of renewal of the groundlessly withdrawn authorisation document;
information on the authorisation authority (name, location and identification code) and the name of the official who made an entry into the United State Register;
date of an authorisation document;
data on making public the results of the examination of the documents submitted for authorisation documents;
47) information on rectification of mistakes made in the information of the United State Register;
48) for joint-stock companies (except for corporate investment funds) the following information shall be additionally specified:
type of a joint stock company;
nominal value and number of outstanding shares paid other than in cash, specifying the type of property contributed as payment for the outstanding shares;
a person who paid for the outstanding shares in a way other than in cash, specifying the surname, name, patronymic of an individual or the name of a legal entity (specifying, for a resident legal entity – the code according to the United State Register; for a non-resident legal entity – the code/number from a commercial, bank or court register, a legal entity registration certificate of the local authority of a foreign state);
surnames, names, patronymics of individuals or names of legal entities (specifying, for a resident legal entity – the code according to the United State Register; for a non-resident legal entity – the code/number from a commercial, bank or court register, a legal entity registration certificate of the local authority of a foreign state), by or on behalf of which the charter has been signed when founding the company;
total amount of mandatory fees and other obligatory expenses required to be paid in order for the company to start operating;
property appraisal reports in cases where shares are paid in a way other than in cash.
The requirements of paragraphs three to seven of this clause shall not apply to defence industry enterprises.
{Part 2 of Article 9 has been supplemented with clause 48 under the Law No. 2210-VIII of 16.11.2017}
3. The United State Register shall contain the following information on state bodies and local governments as legal entities:
1) name of a legal entity, including its abbreviated name (if any);
3) organisational and legal form;
4) location of a legal entity;
6) data on an executive directive by virtue of which the legal entity has been established (except for local councils and their executive committees);
7) information on the head of a legal entity: surname, name, patronymic, position, date of appointment or vesting with powers, taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), data on restrictions concerning the representation of the legal entity;
8) information on the persons (if any) who may act on behalf of the legal entity, including sign contracts, submit documents for state registration, etc.: surname, name, patronymic, date of birth, taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), data on restrictions concerning the representation of the legal entity;
9) information for communication with a legal entity: phone number and e-mail address;
10) date and number of the entry in the United State Register;
11) data on separate units of a legal entity:
identification code of a separate unit;
location of a separate subdvision;
types of activities of a separate unit;
information on the head of a separate unit: surname, name, patronymic, position, date of appointment and taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), data on restrictions concerning the representation of the legal entity;
information for communication with a separate unit: phone number and e-mail address;
12) data on whether a legal entity is undergoing the process of dissolution, including data on the decision to dissolve the legal entity, information on the dissolution commission (liquidator, winding-up commission, etc.) and on the period set by the body that made the decision to dissolve the legal entity for creditors to submit their claims;
13) data on the revocation of a decision of the body that adopted the decision to dissolve a legal entity;
14) data on legal entities the successor of which is a registered legal entity;
15) data on legal entities - successors;
16) date of adoption, effective date and number of a court judgement which is the ground for a registration action;
{Clause 16, part 3 of Article 9 as amended by Law No. 1666-VIII of 06.10.2016}
17) grounds for suspending the examination of documents;
18) information on sending a notification to law enforcement bodies in case of doubts about the authenticity of the submitted documents;
19) grounds for refusal of state registration;
20) information on cancellation of registration actions;
21) information on a state registration entity and a state registrar;
22) data on making public the results of the examination of the documents submitted for state registration;
23) place of storage of a registration file in paper form;
24) data on the provision of information from the United State Register;
25) information received under the information interaction between the United State Register and the information systems of state bodies;
26) information on rectification of mistakes made in the information of the United State Register.
4. The United State Register shall contain the following information on an individual entrepreneur:
3) taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number);
5) location (address of residence for communication with an individual entrepreneur);
{Clause 5, part 4 of Article 9 as amended by Law No. 340-IX of 05.12.2019}
7) date and number of the entry in the United State Register;
8) information for communication with an individual entrepreneur: phone number and e-mail address;
9) grounds for suspending the examination of documents;
10) information on sending a notification to law enforcement bodies in case of doubts about the authenticity of the submitted documents;
11) grounds for refusal of state registration;
12) date of adoption, effective date and number of a court judgement which is the ground for a registration action;
{Clause 12, part 4 of Article 9 as amended by Law No. 1666-VIII of 06.10.2016}
13) surname, name, patronymic, taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number) of a person who is appointed as an administrative receiver for an individual entrepreneur;
14) information on the persons (if any) who may act on behalf of an individual entrepreneur, including sign contracts, submit documents for state registration, etc.: surname, name, patronymic, date of birth, taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), data on restrictions concerning the representation on behalf of the individual entrepreneur;
15) data on making public the results of the examination of the documents submitted for state registration;
16) place of storage of a registration file in paper form;
17) information on a state registration entity and a state registrar;
18) data on the provision of information from the United State Register;
19) information received under the information interaction between the United State Register and the information systems of state bodies;
20) information on licensing the economic activity of a business entity:
type of economic activity subject to licensing, which the licensee is entitled to engage in;
date and number of a decision by a licensing authority to issue a license to engage in economic activity subject to licensing;
list of types of works covered by the license – in case the license was issued for separate types of works;
date of the licence, validity term of the licence (in case the law establishes a licence validity term);
date and number of a decision by a licensing authority to dismiss an application for a license and reject to issue the license (stating the reasons for dismissal of an application for a license and rejection), to make changes in the list of types of works covered by the license, or reject to make changes in this list;
date and number of a decision by a licensing authority to extend, narrow the scope of economic activity of the licensee;
information on locations where the licensee is engaged in the economic activity subject to licensing (including the date of adding information on the locations of the economic activity);
ground, date and number of a decision to renew the license;
date and number of a decision by a licensing authority on suspending, completely or partially, the license to engage in the type of economic activity subject to licensing (stating the name of the part of economic activity to be suspended), its effective date;
date and number of a decision by a licensing authority on renewing, completely or partially, the license to engage in the type of economic activity subject to licensing;
date and number of a decision to cancel, completely or partially, the license to engage in the economic activity subject to licensing, its effective date;
date and number of a notification from a specially authorised licensing authority on admitting the complaint by the Expert and Appeal Board on Licensing stating the information on suspending a decision of the licensing authority being appealed:
date and number of the order by a specially authorised licensing authority on the examination of the complaint stating the result of its examination;
information on the licensee’s appeal to the court against a decision of a licensing authority;
information on a court judgement stating the result of examining the appealed decision of the licensing authority;
date and number of a decision by a licensing authority to revoke a decision it had taken following an order of a specially authorised licensing authority to examine a complaint, a court judgment;
information on recognising the licence as invalid including the date and number of a decision (if any);
information on the state body (name, identification code) and the surname, name and patronymic of the official who made an entry into the United State Register;
{Clause 20, part 4 of Article 9 as revised by Laws No. 139-IX of 02.10.2019, No. 199-IX of 17.10.2019}
21) information on the issuance of authorisation documents:
facility covered by the authorisation document issued;
name of the authorisation document issued;
date and number of a decision to issue an authorisation document or a notification of refusal to issue an authorisation document (stating the grounds for such refusal);
validity term of an authorisation document (indefinite validity term of such a document);
date of an authorisation document;
grounds, date and number of a decision to withdraw an authorisation document;
date of receipt of the declaration of conformity of the business entity’s basic infrastructure with legislative requirements;
date and number of a court judgement declaring the withdrawal of an authorisation document groundless;
date of renewal of the groundlessly withdrawn authorisation document;
information on the authorisation authority (name, location and identification code) and the surname, name, patronymic of the official who made an entry into the United State Register;
date of an authorisation document;
data on making public the results of the examination of the documents submitted for authorisation documents;
21-1) information on the establishment of a family farm by an individual entrepreneur;
{Part 4 of Article 9 has been supplemented with clause 21-1 under the Law No. 2497-VIII of 10.07.2018}
22) information on the death of an individual entrepreneur, recognising them as missing or declaring them dead;
23) information on rectification of mistakes made in the information of the United State Register;
24) data on whether an individual entrepreneur is under an insolvency proceeding.
{Part 4 of Article 9 has been supplemented with clause 24 under Code No. 2597-VIII of 18.10.2018}
5. The United State Register shall contain the following information on the state registration of public organisations that do not have the status of a legal entity:
1) on public associations, trade union organisations provided for in the charter of a trade union, which do not have the status of a legal entity:
name, including abbreviated name (if any);
date of establishment of a public association, a trade union organisation;
date and number of the entry in the United State Register;
list of founders of a public association: surname, name, patronymic, date of birth, country of citizenship, place of residence, taxpayer identification number (if any), passport series and number, if the founder is an individual; name, country of residence, location and identification code, if the founder is a legal entity; a note on the termination of powers as a founder of a public organisation in connection with state registration
information on the head of a public association; information on the person (persons) authorised to represent the public association: surname, name, patronymic, date of birth, position, date of appointment – for the head, taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), information for communication: phone number and e-mail address, data on restrictions concerning the representation of the public association;
status of a trade union organisation;
purpose (objectives) of the activity;
location of a public association, a trade union organisation;
information for communication: phone number and e-mail address;
information on the termination of activities: date of and grounds for a decision to terminate activities;
date and number of the entry in the United State Register;
type of a constituent document (if any);
grounds for suspending the examination of documents;
grounds for refusal of state registration;
information on cancellation of registration actions;
information on a state registration entity and a state registrar;
data on making public the results of the examination of the documents submitted for state registration;
place of storage of a registration file in paper form;
data on the provision of information from the United State Register;
information on rectification of mistakes made in the information of the United State Register;
date of adoption, effective date and number of a court judgement which is the ground for a registration action;
{Clause 1, part 5 of Article 9 has been supplemented with a paragraph under the Law No. 1666-VIII of 06.10.2016}
2) on separate units of foreign non-governmental organisations, representative offices, branches of foreign charitable organisations:
full name of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation;
type (separate unit, branch, representative office etc.)
purpose (objectives) of the activity;
surname, name, patronymic of the head;
location of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation;
information on a foreign non-governmental (charitable) organisation: full name, location, country of registration;
date of a power of attorney in the name of the head of a separate unit of a foreign non-governmental organisation, a representative office or a branch of a foreign charitable organisation and expiration date of the power of attorney;
date of registration and number in the Register of Citizens’ Associations (for separate units registered before 1 January 2013);
date and number of the entry in the United State Register;
type of a constituent document (if any);
grounds for suspending the examination of documents;
grounds for refusal of state registration;
information on cancellation of registration actions;
information on a state registration entity and a state registrar;
data on making public the results of the examination of the documents submitted for state registration;
place of storage of a registration file in paper form;
information received under the information interaction between the United State Register and the information systems of state bodies;
data on the provision of information from the United State Register;
information on rectification of mistakes made in the information of the United State Register;
information on the termination of activity: date of and grounds for a decision (decision of a state body, decision of a governing body of a foreign non-governmental organisation, court judgement) to terminate activities;
date of adoption, effective date and number of a court judgement which is the ground for a registration action;
{Clause 2, part 5 of Article 9 has been supplemented with a paragraph under the Law No. 1666-VIII of 06.10.2016}
3) on permanent arbitration courts:
full name of a founder of a permanent arbitration court, its identification code;
location of a permanent arbitration court;
list of arbitrators: surname, name, patronymic, date of birth, education, majority, last place of employment, the overall length of service, length of service by occupation;
date of approval of the provision, regulation on a permanent arbitration court;
date of registration and registration number in the paper Register of Permanent Arbitration Court;
information on the termination of activity date of and grounds for the termination of activity;
date and number of the entry in the United State Register;
grounds for suspending the examination of documents;
grounds for refusal of state registration;
information on cancellation of registration actions;
information on a state registrar;
data on making public the results of the examination of the documents submitted for state registration;
place of storage of a registration file in paper form;
data on the provision of information from the United State Register;
information on rectification of mistakes made in the information of the United State Register;
date of adoption, effective date and number of a court judgement which is the ground for a registration action.
{Clause 3, part 5 of Article 9 has been supplemented with a paragraph under the Law No. 1666-VIII of 06.10.2016}
6. A constituent part of the United State Register is the United Register of Insolvency Practitioners of Ukraine, which contains the following information:
1) registration number of an entry on an insolvency practitioner;
2) taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number) of insolvency practitioners;
3) surname, name, patronymic of an insolvency practitioner;
4) date and number of the record of a decision by the qualification commission on passing the exam;
5) date and number of the order by the Ministry of Justice of Ukraine to issue a certificate for engaging in the activities of an insolvency practitioner;
6) date and number of the certificate for engaging in the activities of an insolvency practitioner;
7) location of an insolvency practitioner’s bureau (office) (postal address) and means of communication with the insolvency practitioner (contact phone number, e-mail address);
8) work experience (length of service) in managerial positions (head or deputy head of a legal entity);
9) reissuance of a certificate for engaging in the activities of an insolvency practitioner stating the date of issue and number of the reissued certificate;
10) issuance of a duplicate certificate for engaging in the activities of an insolvency practitioner stating the date of the duplicate;
11) results of the audit of the insolvency practitioner’s compliance with legislation on recovery of the debtor’s solvency or declaring them bankruptcy;
12) date and number of the record of a decision by the disciplinary commission and the order of the Ministry of Justice of Ukraine to impose a disciplinary sanction on an insolvency practitioner;
13) date and number of the order of the Ministry of Justice of Ukraine to terminate the activity of an insolvency practitioner;
14) name of an insolvency practitioners’ self-regulating organisation whereat the insolvency practitioner is a member;
15) activities of an insolvency practitioner required to keep an automated system determined by the order of the Ministry of Justice of Ukraine;
16) surname, name, patronymic, position of a person who entered the information into this register, as well as the date and time of entering the information into this register, the grounds for entering the information.
{Part 6 of Article 9 as amended by Code No. 2597-VIII of 18.10.2018}
7. The United State Register shall contain the documents in electronic form submitted for state registration.
Article 10. Status of documents and information entered into the United State Register
1. If the documents and information to be entered into the United State Register are entered therein, such documents and information shall be deemed reliable and may be used in a dispute with a third party.
2. If the information to be entered into the United State Register is unreliable and has been entered therein, a third person may rely upon it in a dispute as reliable. A third party may not rely upon it in a dispute if they knew or could have known that such information was unreliable.
3. If the information to be entered into the United State Register is not entered therein, it may not be relied upon in a dispute with a third person unless the third person knew or could have known of the information.
4. The information contained in the United State Register shall be used for identification of a legal entity or its separate unit, a public organisation that does not have the status of a legal entity, an individual entrepreneur, including when they are engaged in economic activity and open accounts in banks and other financial institutions.
5. The requirements of this Article shall not apply to the legal relations regulated by the legislation of Ukraine in the field of preventing and countering the legalisation (laundering) of the proceeds of crime, the financing of terrorism and the financing of proliferation of weapons of mass destruction concerning the status of information on the ultimate beneficial owners.
{Article 10 has been supplemented with part 5 under the Law No. 361-IX of 06.12.2019}
Article 11. Provision of information from the United State Register
1. The information contained in the United State Register shall be open and publicly accessible (except for the taxpayer identification numbers and passport data) and in the cases provided for in this Law, a fee shall be charged for its provision.
2. The information contained in the United State Register shall be provided in the form of:
1) free of charge access through the portal of electronic services or using the United State Web Portal of Electronic Services to:
{Paragraph 1, clause 1, part 2 of Article 11 as amended by Law No. 943-IX of 03.11.2020}
information from the United State Register, which is up-to-date at the moment of request, necessary for the issue of authorisation documents and licences, as well as on the issued authorisation documents and licences, for the conclusion of civil law contracts, including on the existence of a entry on the state registration of the dissolution of a legal entity or that it is undergoing the dissolution, the state registration of the termination of the entrepreneurial activity of an individual entrepreneur or that they are undergoing the termination of the entrepreneurial activity, on location, e-mail address, digital code of a model charter, types of activities, central or local executive authorty with the scope of administration including a state enterprise or the membership interest of the state in the charter capita of the legal entity if this interest is not less than 25 per cent, on legal entities the successor of which is a registered legal entity, on legal entities - successors, on separate units of a legal entity, on persons who may act on behalf of a person, including information on a property administrator, a rehabilitation manager, a chairman of the dissolution committee, a liquidator, an administrative receiver, on restrictions concerning the representation, on intitation of enforcement proceedings – by means of searching for it by full or abbreviated name, name, identification code, taxpayer identification number, passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), browsing, copying and printing out;
{Paragraph 2, clause 1, part 2 of Article 11 as amended by Law No. 132-IX of 20.09.2019}
basic information on public organisations that do not have the status of a legal entity, which is up-to-date at the moment of request – by means of searching for it by name and type of public organisation, browsing, copying and printing out;
results of administrative services in the field of state registration, including abstracts and constituent documents – by means of searching for it by access code, browsing, copying and printing out;
{Paragraph 4, clause 1, part 2 of Article 11 as amended by Law No. 1666-VIII of 06.10.2016}
2) disclosure of public information from the United State Register as open data under the Law of Ukraine “On Access to Public Information”;
3) free access through a personal area to documents submitted by a legal entity, an individual entrepreneur and a public organisation that does not have the status of a legal entity, for registration actions, information on the results of their examination, documents contained in the registration file of such persons in electronic form, and information on these persons that are up-to-date at the moment of request and on a certain date – by means of browsing, copying and printing them out;
4) documents in paper and electronic form contained in a registration file;
5) abstracts in paper form for apostille and in electronic form;
6) extracts in paper and electronic forms containing information up-to-date at the moment of request or on a certain date;
7) private law entities may be granted real-time direct access to the United State Register in electronic form on a paid basis on the grounds of contracts concluded with a technical administrator.
The Cabinet of Ministers of Ukraine may determine other forms of providing information from the United State Register and the amount of fee for its provision.
3. Banks, credit history bureaus, based on their electronic request, shall receive information from the United State Register in electronic form as a database, an extract and/or in other forms in real-time mode on a paid basis on the grounds of the contracts concluded with a technical administrator.
4. An abstract shall be generated based on the results of a registration action.
Abstracts for apostille, abstracts in paper form and documents contained in a registration file shall be provided within 24 hours after receipt of the request, except for weekends and public holidays.
Extracts in electronic form shall be provided in real-time mode.
5. Extracts in paper and electronic forms shall have the same legal effect.
6. The Procedure for Providing Information from the United State Register, list of additional information accessed free of charge through the portal of electronic services, form and content of abstracts, extracts shall be determined by the Ministry of Justice of Ukraine under the Procedure for providing information from the United State Register.
{Paragraph 1, part 6 of Article 11 as amended by Law No. 1666-VIII of 06.10.2016}
The content of an abstract and an extract in terms of information on issued licences shall be additionally determined by the Ministry of Justice of Ukraine together with the authorised licensing authority.
7. State bodies, including courts, National Police authorities, prosecution offices, agencies of the Security Service of Ukraine, as well as local governments and their officials, shall receive information from the United State Register free of charge in order to exercise their powers determined by law exclusively in electronic form through the portal of electronic services in the manner determined by the Ministry of Justice of Ukraine in Procedure for providing information from the United State Register, except as provided by this Law.
{Paragraph 1, part 7 of Article 11 as amended by Law No. 1774-VIII of 06.12.2016}
The National Agency on Corruption Prevention shall also have direct automated access to the United State Register.
{Part 7 of Article 11 has been supplemented with a new paragraph under the Law No. 140-IX of 02.10.2019}
The central executive authority ensuring the formation of and implementing the state financial and budgetary policy, when exercising the powers of verification and monitoring of public payments, shall receive information free of charge from the United State Register in electronic form as a database, an extract and/or in other forms on the grounds of contracts concluded with a technical administrator.
{Part 7 of Article 11 has been supplemented with a paragraph under the Law No. 1774-VIII of 06.12.2016; as revised by Law No. 324-IX of 03.12.2019}
Article 12. Making public the results of administrative services in the field of state registration
1. The results of administrative services in the field of state registration, including abstracts (except for taxpayer identification numbers and passport data), shall be subject to mandatory free of charge publication on the portal of electronic services in the manner determined by the Ministry of Justice of Ukraine in the Procedure for providing information from the United State Register.
Article 13. Information interaction between the United State Register and the information systems of the state bodies
1. Information interaction between the United State Register and the information systems of the state bodies in the cases determined by this Article shall be carried out by information and telecommunication means in electronic form under the procedure determined by the Ministry of Justice of Ukraine together with the relevant state bodies.
2. On the day of a registration action, the technical administrator of the United State Register shall ensure the transfer of:
information on such a registration action – to the information systems of the central executive authority implementing the state policy in the field of statistics, the central executive authority implementing the state policy in the field of preventing and countering the legalisation (laundering) of the proceeds of crime, the financing of terrorism and the financing of proliferation of weapons of mass destruction, and the central executive authority implementing the state tax policy;
{Paragraph 2, part 2 of Article 13 as amended by Laws No. 361-IX of 06.12.2019, No. 440-IX of 14.01.2020}
information on a registration action on the state registration of a decision to dissolve a legal entity, the commencement of a simplified procedure for the state registration of dissolution of a legal entity due to its winding-up, the state registration of dissolution of a legal entity and termination of the entrepreneurial activity of an individual entrepreneur – to the information systems of the Pension Fund of Ukraine;
information on a registration action on the state registration of a decision to dissolve a legal entity, the commencement of a simplified procedure for the state registration of dissolution of a legal entity due to its winding-up, the state registration of dissolution of a legal entity – to the information systems of the National Securities and Stock Market Commission;
information on the state registration of dissolution of a legal entity or the state registration of termination of the entrepreneurial activity of an individual entrepreneur stating the form of such termination/dissolution (reorganisation (merger, consolidation, split-up, transformation) or winding-up), as well as on the change of location of a legal entity (place of residence of an individual entrepreneur) and the name of a legal entity (surname, name and patronymic of an individual entrepreneur) – to the information systems of the licensing authorities.
{Part 2 of Article 13 has been supplemented with a new paragraph under the Law No. 139-IX of 02.10.2019}
The technical administrator of the United State Register shall ensure the transfer of information from an application for state registration of the establishment of a legal entity or state registration of an individual entrepreneur on the opting for the simplified taxation system and/or voluntary registration as a payer of value-added tax and/or inclusion into the Register of Non-Profit Institutions and Organisations to the central executive authority implementing the state tax policy, simultaneously with the information from the United State Register on the state registration of a legal entity, state registration of changes in the information on a legal entity contained in the United State Register and state registration of an individual entrepreneur.
{Paragraph of part 2 of Article 13 as amended by Laws No. 2275-VIII of 06.02.2018, No. 132-IX of 20.09.2019, No. 440-IX of 14.01.2020}
3. Information from the United State Register on the state registration of establishment of a legal entity and its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation, the state registration of an individual entrepreneur, the cancellation of the state registration of their dissolution shall constitute the grounds for their registration with the state statistics authorities, tax authorities and/or other actions under the legislation.
{Part 3 of Article 13 as amended by Law No. 440-IX of 14.01.2020}
4. Information from the United State Register on the state registration of dissolution of a legal entity and its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation, the state registration of termination of entrepreneurial activity of an individual entrepreneur shall constitute the grounds for their deregistration with the state statistics authorities, tax authorities and/or other actions under the legislation.
{Part 4 of Article 13 as amended by Law No. 440-IX of 14.01.2020}
5. The central executive authority implementing the state policy in the field of statistics shall ensure the transfer of the following information to the United State Register:
date of an entry on registration, name and identification code of the state statistics authority wherein a legal entity, its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation and an individual entrepreneur is registered – on the day of receiving the information on the state registration of establishment of a legal entity and its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation, the state registration of an individual entrepreneur, the cancellation of the state registration of their dissolution;
date and number of an entry on the de-registration of a legal entity, its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation and an individual entrepreneur – on the day of receiving the information on the state registration of the dissolution of a legal entity and its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation, the state registration of termination of the entrepreneurial activity of an individual entrepreneur;
identification codes for their assignment to legal entities, their separate units, separate units of foreign non-governmental organisations, representative offices, branches of foreign charitable organisations – within five days from the date of receipt of the corresponding application;
financial statements on the economic activity of a legal entity (except for budgetary institutions) as a part of the balance sheet and profit and loss statement – within one month from the date of receipt.
6. The central executive authority implementing the state tax policy shall ensure the transfer of the following information to the United State Register:
{Paragraph 1, part 6 of Article 13 as amended by Law No. 440-IX of 14.01.2020}
confirmation of assigning a taxpayer identification number to an individual stating this number, or the right to make payments under passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number) stating the passport series and number – on the day of receiving the request from a state registration entity;
date and number of an entry on registration as a payer of taxes and fees, name and identification code of the tax authority wherein a legal entity, its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation and an individual entrepreneur is registered – on the day of receiving the information on the state registration of establishment of a legal entity and its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation, the state registration of an individual entrepreneur, the cancellation of the state registration of their dissolution, as well as on the day being registered by a tax authority – in case of changes in their location;
date of registration as a payer of unified contribution for compulsory state social insurance, name and identification code of the tax authority wherein a legal entity, its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation and an individual entrepreneur is registered, registration number of a payer of unified contribution for compulsory state social insurance – on the day of receiving the information on the state registration of establishment of a legal entity and its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation, the state registration of an individual entrepreneur, the cancellation of the state registration of their dissolution, as well as on the day being registered by a tax authority – in case of changes in their location;
occupational hazard class of a payer of unified contribution for compulsory state social insurance for the primary type of its economic activity – on the day of receiving the information on the state registration of establishment of a legal entity and its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation, the state registration of an individual entrepreneur, the cancellation of the state registration of their dissolution, as well as in case of change in the occupational hazard class of a payer of unified contribution for compulsory state social insurance;
period by which a legal entity, its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation and an individual entrepreneur is registered with the tax authority at the place of their previous registration – on the day of receiving the information on the state registration of changes in the information contained in the United State Register, related to the change in the location of a legal entity, its separate unit, a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation and an individual entrepreneur;
on no (any) arrears on payment of taxes and fees and no (any) arrears on payment of the unified contribution for compulsory state social insurance – on the day of receiving the request from a state registration entity;
on no (any) arrears on payment of taxes and fees and no (any) arrears on payment of the unified contribution for compulsory state social insurance – within 30 calendar days from the date of receiving the information on the registration action regarding the commencement of a simplified procedure for the state registration of dissolution of a legal entity due to its winding-up;
on approval of a legal entity reorganisation plan – if there are tax arrears during the reorganisation of a legal entity – on the day of receiving the request from a state registration entity.
{Part 6 of Article 13 as amended by Law No. 440-IX of 14.01.2020}
7. The Pension Fund of Ukraine shall ensure the transfer of the following information to the United State Register:
on no (any) arrears on payment of insurance funds to the Pension Fund of Ukraine and social insurance funds – on the day of receiving the request from a state registration entity;
on no (any) arrears on payment of insurance funds to the Pension Fund of Ukraine and social insurance funds – within 30 calendar days from the date of receiving the information on the registration action regarding the commencement of a simplified procedure for the state registration of dissolution of a legal entity due to its winding-up.
8. The central executive authority implementing the state policy in the field of arranging the enforcement of court judgments and those of other authorities (officials) shall ensure the transfer of information on initiation and completion of enforcement proceedings to the United State Register – on the day of entering the information on initiation and completion of enforcement proceedings into the United State Register of Enforcement Proceedings.
9. The National Securities and Stock Market Commission shall ensure the transfer of the following information to the United State Register:
on no (any) uncanceled issues of securities of a legal entity - issuer – on the day of receiving the request from a state registration entity;
on no (any) uncanceled issues of securities of a legal entity - issuer – within 30 calendar days from the date of receiving the information on the registration action regarding the commencement of a simplified procedure for the state registration of dissolution of a legal entity due to its winding-up;
on no (any) uncanceled registration of the issue of shares of a joint-stock company – on the day of receiving the request from a state registration entity;
on no (any) uncanceled registration of the issue of shares of a joint-stock company – within 30 calendar days from the date of receiving the information on the registration action regarding the commencement of a simplified procedure for the state registration of dissolution of a legal entity due to its winding-up.
10. State Judicial Administration of Ukraine shall ensure that a copy of a court judgment entailing a change in the information in the United State Register, a court judgment on the seizure of corporate rights and the prohibition (cancellation of the prohibition) to engage in registration actions is transferred to the United State Register – on the effective date of the court judgment.
{Part 11 of Article 13 has been deleted under the Law No. 361-IX of 06.12.2019}
12. The central executive authority ensuring the formation of and implementing the state policy in the field of construction, architecture, urban development, shall ensure the transfer of information on issued licences and authorisation documents from the United State Electronic Construction System to the United State Register as defined by clause 45 of part 2 and clause 20 of part 4 of this Law, on the day of entering the relevant information in the United State Electronic Construction System. Such information shall be transferred in the manner determined by the Cabinet of Ministers of Ukraine under the Procedure for electronic information interaction of state electronic informational resources.
{Article 13 has been supplemented with part 12 under the Law No. 199-IX of 17.10.2019}
Section IV
STATE REGISTRATION PROCESS
Article 14. Submission of documents for state registration
1. Documents for state registration may be submitted in paper or electronic form.
In paper form the documents shall be submitted personally by an applicant or by post.
2. If the documents are submitted in paper form, the applicant shall present a passport of a citizen of Ukraine or other identity document provided for in the Law of Ukraine “On Unified State Demographic Register and Documents Confirming Citizenship of Ukraine, Identity of a Person or their Special Status”.
In case the applicant is a foreigner or stateless person, the identity document shall be a national, diplomatic or service passport of the foreigner or another identity document of the foreigner or stateless person.
If the documents are submitted by a representative, a copy of the original (a notarised copy thereof) document certifying their powers (unless information on the powers of such representative is contained in the United State Register) shall be submitted in addition.
For the purposes of registration actions, the document certifying the powers of a representative shall be a document certifying the powers of a legal representative of a person or a notarised power of attorney.
The validity of a power of attorney notarised in accordance with the legislation of Ukraine shall be verified by means of the United Register of Powers of Attorney.
{Part 2 of Article 14 as revised by Laws No. 2275-VIII of 06.02.2018, No. 159-IX of 03.10.2019}
3. Documents in electronic form shall be submitted by the applicant using the United State Web Portal of Electronic Services in the manner determined by the Ministry of Justice of Ukraine and the central executive authority ensuring the formation and implementation of state policy in the field of electronic and administrative services, and as for services, which are not provided by the mentioned web portal, – through the portal of electronic services in the manner determined by the Ministry of Justice of Ukraine under the Procedure for State registration of legal entities, individual entrepreneurs and public organisations that do not have the status of a legal entity, provided that the applicant signs an application using high-integrity electronic identification means.
{Part 3 of Article 14 as amended by Laws No. 159-IX of 03.10.2019, No. 943-IX of 03.11.2020}
4. Documents in paper form shall be accepted according to the list, a copy of which shall be issued to the applicant on the day of their receipt with a note of the date of their receipt and the access code in the manner in which the documents were submitted.
5. Court judgements entailing changes in the information in the United State Register and on prohibition (cancellation of prohibition) to engage in registration actions shall be sent under the procedure for information interaction between the United State Register and the United State Register of Court Judgements.
6. Court judgements on conducting a registration action shall be sent for enforcement under the procedure established by the Law of Ukraine “On Enforcement Proceedings”.
7. A member, head of a legal entity shall have the right to receive information on the fact of submission or acceptance of documents submitted for registration actions in respect of such legal entity on a free of charge basis in real-time mode through telecommunication means.
{Article 14 has been supplemented with part 7 under the Law No. 159-IX of 03.10.2019}
Article 15. Requirements for documents submitted for state registration
1. The documents submitted for state registration shall meet the following requirements:
1) the documents shall be written in the state language and additionally, at the request of the applicant, in another language (except for the application for state registration);
2) the text of documents shall be written legibly (typewritten or handwritten in printed letters);
3) documents shall not contain erasures or additions, crossed out words or other corrections not stipulated therein, spelling and arithmetic mistakes, as well as damages that do not allow to interpret their content unambiguously;
4) documents in electronic form shall be executed in accordance with requirements established by the legislation;
5) the application for state registration shall be signed by the applicant. In case of filing an application for state registration by post, the authenticity of the applicant’s signature shall be notarised;
6) a decision by an authorised managerial body of a legal entity shall be executed in compliance with the requirements established by law and shall comply with the legislation.
The decision by an authorised managerial body of a legal entity submitted for the state registration of changes in the information on the legal entity contained in the United State Register shall be made in writing, bound, numbered and signed by the founders (members), their authorised persons or chairman and secretary of the general meeting (in the event such a decision is adopted by the general meeting). The authenticity of signatures on such a decision shall be notarised with the obligatory use of special forms of notarial documents, except for decisions created on the portal of electronic services or using the United State Web Portal of Electronic Services and signed with a qualified electronic signature, as well as other cases provided for by law.
{Clause 6, part 1 of Article 15 has been supplemented with paragraph 2 under the Law No. 1666-VIII of 06.10.2016; as amended by Laws No. 159-IX of 03.10.2019, No. 943-IX of 03.11.2020}
The effect of paragraph 2 of this clause in terms of notarisation of signature authenticity shall not apply to the state registration of changes in the information on a state body, local government, public association or charitable organisation contained in the United State Register, as well as the state registration of changes in the information on a legal entity being entered under an executive directive of a state body or local government.
{Clause 6, part 1 of Article 15 has been supplemented with paragraph 3 under the Law No. 1666-VIII of 06.10.2016}
The authenticity of signatures in the decision submitted for the state registration of changes in the information on a public association or a charitable organisation contained in the United State Register shall be notarised only if there is such a requirement in the constituent documents of the respective public association or charitable organisation;
{Clause 6, part 1 of Article 15 has been supplemented with paragraph 4 under the Law No. 1666-VIII of 06.10.2016}
7) a decision to dissolve a legal entity shall contain information on the membership of the dissolution commission (reorganisation commission, winding-up commission), its chairman or liquidator, taxpayer identification numbers or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number), on the procedure and period for creditors to submit their claims;
8) the constituent document of a legal entity, the provisions, regulations, list of judges of a permanent arbitration court, the charter (regulations) of a public organisation that does not have the status of a legal entity, the contract for (declaration of) the establishment of a family farm shall contain the information required by law and shall comply with the legislation;
{Clause 8, part 1 of Article 15 as amended by Law No. 2497-VIII of 10.07.2018}
9) the constituent document of a legal entity (except for a state body, local government or a legal entity established and operating under a model charter) shall be set out in writing, bound, numbered and signed by the founders (members), their authorised persons or the chairman and secretary of the general meeting (in the event such a decision is adopted by the general meeting, except for the establishment of a legal entity). The authenticity of signatures in the constituent document of a legal entity set out in writing (except for a legal entity established under an executive directive of a state body or local government) shall be notarised, except in cases provided for by law.
{Paragraph 1, clause 9, part 1 of Article 15 as amended by Law No. 159-IX of 03.10.2019}
The effect of paragraph 1 of this clause in terms of notarisation of signature authenticity shall not apply to the state registration of the establishment of a legal entity (except the establishment due to spin-off, merger, transformation, split-up), the state registration under the constituent document of a legal entity created on the portal of electronic services or using the United State Web Portal of Electronic Services and signed using high-integrity electronic identification means, as well as to the state registration of a public association, charitable and religious organisations, trade unions, their associations, trade union organisations provided for in the charters of trade unions and their associations.
{Paragraph 2, clause 9, part 1 of Article 15 as amended by Law No. 2275-VIII of 06.02.2018; as revised by Law No. 159-IX of 03.10.2019; as amended by Law No. 943-IX of 03.11.2020}
The authenticity of signatures in the constituent document of a public association or charitable organisation shall be notarised only if there is such a requirement in the constituent documents of the respective public association or charitable organisation;
{Clause 9, part 1 of Article 15 as revised by Law No. 1666-VIII of 06.10.2016}
10) constituent documents of banks, other legal entities, which are subject to approval (registration) by the National Bank of Ukraine, other state bodies in accordance with the law, shall be submitted with a note of their approval by the relevant body;
11) changes in the constituent documents of a legal entity, the provisions, regulations, list of judges of a permanent arbitration court, the charters (regulations) of a public organisation that does not have the status of a legal entity shall be made by redrafting;
12) a transfer certificate (in the event of merger, consolidation, transformation) and a spin-off balance sheet (in the event of spit-up or spin-off) of a legal entity shall meet the requirements established by law. The authenticity of signatures in the transfer certificate and spin-off balance sheet of the legal entity shall be notarised with the obligatory use of special forms of notarial documents, except as provided for by law.
{Paragraph 1, clause 12, part 1 of Article 15 as amended by Law No. 159-IX of 03.10.2019}
The effect of paragraph 1 of this clause in terms of notarisation of signature authenticity shall not apply to the state registration of a state body, a local government, a public association, charitable and religious organisations, to the state registration under a transfer certificate or a spin-off balance sheet in electronic form signed using high-integrity electronic identification means, as well as a legal entity established under an executive directive of a state body or local government.
{Paragraph 2, clause 12, part 1 of Article 15 as amended by Laws No. 2275-VIII of 06.02.2018, No. 159-IX of 03.10.2019}
The authenticity of signatures in the transfer certificate and spin-off balance sheet of a public association or a charitable organisation for state registration under a transfer certificate or a spin-off balance sheet in electronic form signed using high-integrity electronic identification means shall be notarised only if there is such a requirement in the constituent documents of the public association or charitable organisation concerned;
{Clause 12, part 1 of Article 15 as revised by Law No. 1666-VIII of 06.10.2016}
13) documents issued under the legislation of a foreign state shall be legalised (consular legalisation or apostille) in the manner prescribed by law, unless otherwise provided by international treaties;
14) a document in a foreign language shall be translated into the state language with a certification of fidelity of translation from one language to another or a translator’s signature in the manner prescribed by the legislation;
15) the image and description of symbols shall be developed in compliance with the requirements established by law and shall comply with the legislation;
16) if original documents required for state registration in accordance with the legislation remain in the files of state bodies or local governments that issue them, the applicant shall submit copies of the documents drawn up by such bodies in accordance with the legislation.
{Part 1 of Article 15 has been supplemented with clause 15 under the Law No. 1666-VIII of 06.10.2016}
2. The forms of applications for state registration shall be approved by the Ministry of Justice of Ukraine.
Article 16. Requirements for the name of a legal entity or its separate unit
1. The name of a legal entity shall contain information on its organisational and legal form (except for state bodies, local governments, authorities of the Autonomous Republic of Crimea, state, municipal organisations, institutions, as well as the case provided for in paragraph 2 of this part) and the name.
{Paragraph 1, part 1 of Article 16 as amended by Law No. 2673-VIII of 17.01.2019}
The name of a religious organisation may contain information on its organisational and legal form solely at the request of such a legal entity.
{Part 1 of Article 16 has been supplemented with paragraph 2 under the Law No. 2673-VIII of 17.01.2019}
2. The organisational and legal form of a legal entity shall be determined under the classification of business organisational and legal forms approved by the central executive authority ensuring the formation of and implementing the state policy in the field of technical regulation.
3. The name of a legal entity may consist of the legal entity’s own name, as well as contain information on the purpose of the activity, type, method of establishment, affiliation of a legal entity and other information following the requirements for the name of certain organisational and legal forms of legal entities established by the Civil Code, the Commercial Code of Ukraine and this Law.
4. The name of a legal entity may not be identical to the name of another legal entity (except for local governments).
5. The following shall be prohibited to use in the name of a legal entity:
full or abbreviated names of state bodies or local governments or derivates of these names, or historical state names, the list of which is established by the Cabinet of Ministers of Ukraine, – in the names of legal entities of private law;
symbols of communist and/or national socialist (nazi) totalitarian regimes prohibited to be used under the Law of Ukraine “On the Condemnation of the Communist and National Socialist (Nazi) Regimes and Prohibition of Propaganda of Their Symbols”;
terms, abbreviations, derivative terms the use of which is prohibited by law.
6. Laws may establish peculiarities of the names of companies, holding companies, banks, pension funds, corporate investment funds, chamber of commerce and industry, educational institutions, legal entities with a license to engage in insurance activities, volunteer organisations, law firms, state lottery operators, associations of local governments and their voluntary associations, political parties, public associations, trade unions, their organisations and associations, employers’ organisations, their associations.
7. Requirements for spelling the name of a legal entity, its separate unit, a public organisation that does not have the status of a legal entity, except for a trade union organisation, shall be established by the Ministry of Justice of Ukraine.
Article 17. Documents submitted by the applicant for state registration of a legal entity
1. The following documents shall be submitted for the state registration of the establishment of a legal entity (including due to spin-off, merger, transformation, split-up) except for the establishment of a state body, a local government:
{Paragraph 1, part 1 of Article 17 as amended by Law No. 1666-VIII of 06.10.2016}
1) an application for state registration of the establishment of a legal entity. The application for state registration of the establishment of a legal entity established due to split-up, spin-off shall additionally contain information on separate units in terms of their affiliation to a legal entity - successor. The application for state registration of the establishment of a legal entity of private law may indicate that it operates under a model charter, as well as the applicant’s request for registration of a legal entity as a payer of value-added tax and/or opting for the simplified taxation system and/or inclusion into the Register of Non-Profit Institutions and Organisations. If a model charter is a multi-version, the application for state registration of the establishment of a legal entity of private law shall specify the version of the model charter under which it operates;
{Clause 1, part 1 of Article 17 as amended by Laws No. 2275-VIII of 06.02.2018, No. 132-IX of 20.09.2019}
{Clause 2, part 1 of Article 17 has been deleted under the Law No. 132-IX of 20.09.2019}
2-1) a copy of the original (a notarised copy of) decision of the founders, and in the cases provided for by law – decision of the relevant state body, to establish a legal entity;
{Part 1 of Article 17 has been supplemented with clause 2-1 under the Law No. 1666-VIII of 06.10.2016}
3) a document confirming the establishment of a public organisation, the compliance of the charter of a legal entity under which the public organisation operates – in case of state registration of a public organisation that is an independent structural unit within another legal entity;
4) information on the governing bodies of a public organisation (name, date of birth of the head, members of other governing bodies, taxpayer identification number (if any), position, contact phone number and other means of communication), information on the person (persons) authorised to represent the public organisation for registration actions (name, date of birth, contact phone number and other means of communication);
5) a constituent document of a legal entity – in case of establishing a legal entity under its own constituent document;
6) register of persons (citizens) who participated in the constitutive congress (conference, meeting) – in case of state registration of establishment of public associations or a political party;
{Clause 6, part 1 of Article 17 as amended by Law No. 1666-VIII of 06.10.2016}
7) a program of a political party – in case of state registration of establishment of a political party;
8) a list of signatures of citizens of Ukraine in the form established by the Ministry of Justice of Ukraine – in case of state registration of establishment of a political party;
9) a document confirming the payment of the administrative fee – in cases provided for in Article 36 of this Law;
10) a document confirming the registration of a foreign entity in its host country (extract from a commercial, bank, court register) – in case of establishing a legal entity, the founder (founders) of which is a foreign legal entity;
11) a copy of the original (a notarised copy thereof) transfer certificate – in case of establishing a legal entity due to transformation or merger;
{Clause 11, part 1 of Article 17 as amended by Law No. 1666-VIII of 06.10.2016}
12) a copy of the original (a notarised copy thereof) spin-off balance sheet – in case of establishing a legal entity due to split-up or spin-off;
{Clause 12, part 1 of Article 17 as amended by Law No. 1666-VIII of 06.10.2016}
13) documents for the state registration of changes on the legal entity contained in the United State Register specified in part 4 of this Article – in case of establishing a legal entity due to spin-off;
14) documents for the state registration of dissolution of a legal entity due to merger and split-up – in case of establishing a legal entity due to merger and split-up;
15) a list of participants in the congress, conference, constituent or general meeting of trade union members;
16) a document containing information on the amount of mandatory fees and other obligatory expenses required to be paid in order for the company to start operating in the case provided for in paragraph 6, clause 48, part 2 of Article 9 of this Law;
{Part 1 of Article 17 has been supplemented with clause 16 under the Law No. 2210-VIII of 16.11.2017}
17) ownership structure in the form and with the content defined by the legislation;
{Part 1 of Article 17 has been supplemented with clause 17 under the Law No. 361-IX of 06.12.2019}
18) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 1 of Article 17 has been supplemented with clause 18 under the Law No. 361-IX of 06.12.2019}
19) a notarized copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
The state registrar shall establish data on an ultimate beneficial owner of a legal entity under the documents referred to in clauses 17–19 of this part.
{Part 1 of Article 17 has been supplemented with clause 19 under the Law No. 361-IX of 06.12.2019}
2. An application for state registration of the establishment of a legal entity shall be submitted for the state registration of the establishment of a legal entity - state body.
An application for state registration of the establishment, dissolution of a legal entity, changes in the information about it shall be submitted for the state registration of the establishment, dissolution of a legal entity - local council, the executive committee of a local council, as well as changes in the information about it.
An application for state registration of the establishment, dissolution of a legal entity, changes in the information about it, as well as an act of a local council on the establishment, dissolution of the executive authority, an act of the village, settlement, city head on the appointment of the head of such authority, shall be submitted for the state registration of the establishment, dissolution of a legal entity - executive authority of a local council (except for the executive committee), as well as changes in information about it.
State registration for the reorganisation of local governments as legal entities after the voluntary amalgamation of territorial communities shall be subject to the peculiarities provided for in the Law of Ukraine “On Voluntary Amalgamation of Territorial Communities”.
The state registration during the establishment, reorganisation of raion state administrations, local governments as legal entities due to changes in the administrative and territorial structure of Ukraine shall be subject to the peculiarities determined by the Law of Ukraine “On Local State Administrations”, the Law of Ukraine “On Local Self-Government in Ukraine”.
{Part 2 of Article 17 has been supplemented with paragraph 5 under the Law No. 1009-IX of 17.11.2020}
3. The following documents shall be submitted for the state registration of entering the information on a legal entity registered before 1 July 2004, the information on which is not contained in the United State Register:
{Paragraph 1, part 3 of Article 17 as revised by Law No. 361-IX of 06.12.2019}
1) an application for state registration of entering the information on a legal entity into the United State Register;
{Paragraph of part 3 of 17 as revised by Law No. 361-IX of 06.12.2019}
2) ownership structure in the form and with the content defined by the legislation;
{Paragraph of part 3 of 17 as revised by Law No. 361-IX of 06.12.2019}
3) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Paragraph of part 3 of 17 as revised by Law No. 361-IX of 06.12.2019}
4) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Paragraph of part 3 of 17 as revised by Law No. 361-IX of 06.12.2019}
An application for state registration of entering the information on a legal entity in the United State Register, as well as a copy of a statement from the United State Register of Enterprises and Organisations of Ukraine and a copy of a decision by an authorised body of a religious organisation to appoint the head of such organisation shall be submitted for the state registration of the information on a legal entity - religious organisation with a charter registered before 1 January 2013, the information on which is not contained in the United State Register.
{Part 3 of Article 17 has been supplemented with a paragraph under the Law No. 2673-VIII of 17.01.2019}
4. The following documents shall be submitted for the state registration of changes in the information on a legal entity contained in the United State Register, including changes in the constituent documents of the legal entity, except for the changes in the information provided for in part 5 of this Article:
{Paragraph 1, part 4 of Article 17 as amended by Law No. 2275-VIII of 06.02.2018}
1) an application for state registration of changes in the information on a legal entity contained in the United State Register;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity on changes being entered into the United State Register, except for changes in the information on the ultimate beneficial owners (controllers) of a legal entity, including ultimate beneficial owners (controllers) of its founder if the founder is a legal entity, on location and communication with the legal entity;
3) a register of persons (citizens) who participated in the meeting of an authorised managerial body of a legal entity – in case of changes in the information on public associations, political parties;
{Clause 3, part 4 of Article 17 as revised by Law No. 1666-VIII of 06.10.2016}
{Clause 4, part 4 of Article 17 has been deleted under the Law No. 2275-VIII of 06.02.2018}
5) information on the governing bodies of a public organisation (name, date of birth of the head, members of other governing bodies, taxpayer identification number (if any), position, contact phone number and other means of communication) – in case of changes in the membership of governing bodies;
6) a document confirming the registration of a foreign entity in its host country (extract from a commercial, bank or court register) – in case of changes related to the affiliation of a foreign legal entity to the founders of a legal entity;
7) a document confirming the payment of the administrative fee – in cases provided for in Article 36 of this Law;
8) a redrafted constituent document of a legal entity – in case of changes contained in the constituent document;
9) a copy of the original (a notarised copy thereof) transfer certificate or spin-off balance sheet – in case of changes related to entering the data on the legal entity, the legal successor of which is a registered legal entity;
{Clause 9, part 4 of Article 17 as amended by Law No. 1666-VIII of 06.10.2016}
10) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity to secede from the founders (members) and/or an application of an individual for secession from the founders (members) the authenticity of the signature on which is notarised, and/or a contract, another document on the assignment or transfer of the founder’s (member’s) interest in the charter (authorised) capital (unit trust) of the legal entity and/or a decision by an authorised managerial body of a legal entity to compulsory expulsion from the founders (members) of the legal entity or a photocopy of a death certificate of an individual, a court judgement on recognising an individual as missing – in case of changes related to the change in the membership of the founders (members) of a legal entity;
{Clause 10, part 4 of Article 17 as amended by Law No. 1666-VIII of 06.10.2016}
11) a statement on opting for the simplified taxation system and/or a registration statement on voluntary registration as a payer of value-added tax and/or an application for inclusion into the Register of Non-Profit Institutions and Organisations in the forms approved in accordance with the legislation – upon the request of the applicant in case of changes in the constituent documents that affect its taxation system;
{Part 4 of Article 17 has been supplemented with clause 11 under the Law No. 1666-VIII of 06.10.2016}
12) a report on the results of the issue of shares, in the case stipulated in paragraphs 3 and 4, clause 48, part 2 of Article 9 of this Law;
{Part 4 of Article 17 has been supplemented with clause 12 under the Law No. 2210-VIII of 16.11.2017}
13) a property appraisal report in the case stipulated in paragraph 7, clause 48, part 2 of Article 9 of this Law;
{Part 4 of Article 17 has been supplemented with clause 13 under the Law No. 2210-VIII of 16.11.2017}
14) ownership structure in the form and with the content defined by the legislation;
{Part 4 of Article 17 has been supplemented with clause 14 under the Law No. 361-IX of 06.12.2019}
15) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 4 of Article 17 has been supplemented with clause 15 under the Law No. 361-IX of 06.12.2019}
16) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 4 of Article 17 has been supplemented with clause 16 under the Law No. 361-IX of 06.12.2019}
5. The following documents shall be submitted for the state registration of changes in the information on the amount of the charter capital, the amount of membership interest in the charter capital or the membership of a limited liability company or an additional liability company:
1) an application for state registration of changes in the information on a legal entity contained in the United State Register;
2) a document on payment of the administrative fee;
3) one of the following relevant documents:
a) a decision by the general meeting of members (decision of the sole member) of a limited liability company, an additional liability company to determine the amount of the charter capital and the amount of membership interests;
b) a decision by the general meeting of members of a limited liability company, an additional liability company to expulse a member from the company;
c) application for accession to a limited liability company, an additional liability company;
d) an application for secession from a limited liability company, an additional liability company;
e) a transfer and acceptance certificate of membership interest (part of the membership interest) in the charter capital of a limited liability company, an additional liability company;
f) a court judgement, which has become legally effective, on determining the amount of the charter capital of a limited liability company, an additional liability company and the amounts of membership interests in this company;
g) a court judgement, which has become legally effective, on recovery from the defendant (reclamation from their possession) of membership interest (part of the membership interest) in the charter capital of a limited liability company, an additional liability company;
h) ownership structure in the form and with the content defined by the legislation;
{Part 5 of Article 17 has been supplemented with a new paragraph under the Law No. 361-IX of 06.12.2019}
i) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 5 of Article 17 has been supplemented with a new paragraph under the Law No. 361-IX of 06.12.2019}
j) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 5 of Article 17 has been supplemented with a new paragraph under the Law No. 361-IX of 06.12.2019}
In case of state registration of changes in the information contained in the United State Register, related to the affiliation of a foreign legal entity to the members of a limited liability company, an additional liability company, the document confirming the registration of the foreign entity in its host country (extract from a commercial, bank or court register) shall also be submitted.
The authenticity of signatures of the members, who voted for decisions specified in subclauses “a”, “b”, “h”, “i” and “j” of this part, shall be notarised with the obligatory use of special forms of notarial documents. If in the cases provided for by law, such a decision is adopted without taking into account the votes of the members due to a certain circumstance, a document confirming such circumstance shall be submitted.
{Paragraph 16, part 5 of Article 17 as amended by Law No. 361-IX of 06.12.2019}
The authenticity of the signatures on the document specified in subclause “c” of this part shall be notarised with the obligatory use of special forms of notarial documents. Along with such a document, a notarised copy of the certificate of the right to inherit shall be submitted. The information from the United State Register, including the constituent documents of a legal entity contained in the United State Register shall be used to confirm the succession of the legal entity.
The authenticity of the signatures on the document specified in subclause “d” of this part shall be notarised with the obligatory use of special forms of notarial documents. If the law or the charter of a company requires the consent of other members to secede from a company, such consent shall also be submitted, the authenticity of signatures on which shall be notarised.
The authenticity of the signatures on the document specified in subclause “e” of this part shall be notarised with the obligatory use of special forms of notarial documents.
The effect of this part in terms of notarisation of a signature shall not apply to the state registration of changes in the information on a legal entity being entered under the documents created on the portal of electronic services or using the United State Web Portal of Electronic Services and signed using high-integrity electronic identification means.
{Paragraph 20, part 5 of Article 17 as amended by Law No. 943-IX of 03.11.2020}
{Article 17 has been supplemented with a new part under the Law No. 2275-VIII of 06.02.2018; as revised by Law No. 159-IX of 03.10.2019}
6. For the state registration of changes in the information on a legal entity contained in the United State Register due to suspension (termination) of membership in a public organisation by a member of the governing body (except for the head) such a person shall submit a copy of the application for suspension (termination) of their membership in the relevant statutory bodies of a public organisation with a note of acceptance.
{Part of Article 17 as amended by Law No. 1666-VIII of 06.10.2016}
7. The following documents shall be submitted for the state registration of the transition of a legal entity of private law to the operation under a model charter:
1) an application for state registration of the transition from its own constituent document to the operation under a model charter. If the model charter is multi-version, the version of the model charter, under which it operates, shall be stated in the application;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity of private law to transit to the operation under a model charter;
3) ownership structure in the form and with the content defined by the legislation;
{Part 7 of Article 17 has been supplemented with clause 3 under the Law No. 361-IX of 06.12.2019}
4) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 7 of Article 17 has been supplemented with clause 4 under the Law No. 361-IX of 06.12.2019}
5) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 7 of Article 17 has been supplemented with clause 5 under the Law No. 361-IX of 06.12.2019}
{Part 7 of Article 17 as revised by Law No. 132-IX of 20.09.2019}
8. The following documents shall be submitted for the state registration of the transition of a legal entity from a model charter to the operation under its own constituent document:
1) an application for state registration of the transition from a model charter to the operation under its own constituent document;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity to transit to the operation under its own constituent document and to approve the constituent document;
3) a constituent document of a legal entity;
4) ownership structure in the form and with the content defined by the legislation;
{Part 8 of Article 17 has been supplemented with clause 4 under the Law No. 361-IX of 06.12.2019}
5) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 8 of Article 17 has been supplemented with clause 5 under the Law No. 361-IX of 06.12.2019}
6) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 8 of Article 17 has been supplemented with clause 6 under the Law No. 361-IX of 06.12.2019}
9. A copy of the original (a notarised copy thereof) decision by members or a relevant body of a legal entity to spin-off a legal entity shall be submitted for the state registration of the decision to spin-off a legal entity.
10. The following documents shall be submitted for the state registration of a decision to dissolve a legal entity adopted by its members or a relevant body of the legal entity, and in cases provided by law – by a relevant state body:
1) a copy of the original (a notarised copy thereof) decision by members of a legal entity or a relevant body of a legal entity, and in cases provided by law – decision of a relevant state body, to dissolve a legal entity;
2) a copy of the original (a notarised copy thereof) document approving the membership of a dissolution commission (reorganisation commission, winding-up commission) or a liquidator, taxpayer identification numbers (or information on passport series and number – for individuals having a note in their passport on the right to make payments under passport series and number), the period for creditors to submit their claims – in the absence of such information in the decision by members of a legal entity or a relevant body of a legal entity, and in cases provided for by law – in the decision by a relevant state body, to dissolve a legal entity.
11. A copy of the original (a notarised copy thereof) decision by members of a legal entity or a relevant body of a legal entity, and in cases provided for by law – decision of a relevant state body, on cancellation of the decision to dissolve a legal entity shall be submitted for the state registration of the decision on cancellation of the decision to dissolve a legal entity adopted by its members or a relevant body of a legal entity, and in cases provided for by law – a relevant state body.
12. A copy of the original (a notarised copy thereof) decision by members of a legal entity or a relevant body of a legal entity, and in cases provided for by law – decision of a relevant state body, on changes shall be submitted for the state registration of changes in the membership of a dissolution commission (reorganisation commission, winding-up commission), the chairman of the commission or a liquidator.
13. The following documents shall be submitted for the state registration of the dissolution of a legal entity due to its winding-up under the decision to dissolve a legal entity adopted by members of a legal entity or a relevant body of a legal entity, and in cases provided for by law – the decision by relevant state bodies, or a court judgement to dissolve a legal entity not due to its bankruptcy, after the dissolution procedure but not before the expiry of the period for creditors to submit their claims:
1) an application for state registration of the dissolution of a legal entity due to its winding-up;
2) a statement of an archival institution on acceptance of the documents that shall be subject to long-term storage according to law.
14. The following documents shall be submitted for the state registration of the dissolution of a legal entity due to its reorganisation after the dissolution procedure but not before the expiry of the period for creditors to submit their claims:
1) an application for state registration of the dissolution of a legal entity due to its reorganisation;
2) a copy of the original (a notarised copy thereof) spin-off balance sheet – in case of dissolution of a legal entity due to split-up;
11) a copy of the original (a notarised copy thereof) transfer certificate – in case of dissolution of a legal entity due to transformation, merger or consolidation;
4) a statement of an archival institution on acceptance of the documents that shall be subject to long-term storage according to law – in case of dissolution of a legal entity due to split-up, merger or consolidation;
5) documents for the state registration of the establishment of a legal entity as defined in part 1 of this Article – in case of dissolution of a legal entity due to transformation;
6) documents for the state registration of changes in the information on a legal entity contained in the United State Register specified in part 4 of this Article – in case of dissolution of a legal entity due to consolidation;
7) ownership structure in the form and with the content defined by the legislation;
{Part 14 of Article 17 has been supplemented with clause 7 under the Law No. 361-IX of 06.12.2019}
8) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 14 of Article 17 has been supplemented with clause 8 under the Law No. 361-IX of 06.12.2019}
9) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 14 of Article 17 has been supplemented with clause 9 under the Law No. 361-IX of 06.12.2019}
15. The following shall be submitted for the state registration of a decision to dissolve a bank due to the adoption of a decision to revoke a bank license and to wind-up the bank by the Deposit Guarantee Fund:
1) a copy of a decision by the National Bank of Ukraine to revoke a banking license and wind-up the bank;
2) a copy of a decision by the Deposit Guarantee Fund to appoint an authorised person of the Fund.
16. A decision by the Deposit Guarantee Fund to approve the report on completion of bank winding-up shall be submitted for the state registration of dissolution of a bank due to the adoption of a decision to revoke a banking license and wind-up the bank.
17. The following documents shall be submitted for the state registration of the establishment of a separate unit of a legal entity:
1) an application for state registration of the establishment of a separate unit of a legal entity;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity to establish a separate unit;
3) ownership structure in the form and with the content defined by the legislation;
{Part 17 of Article 17 has been supplemented with clause 3 under the Law No. 361-IX of 06.12.2019}
4) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 17 of Article 17 has been supplemented with clause 4 under the Law No. 361-IX of 06.12.2019}
5) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 17 of Article 17 has been supplemented with clause 5 under the Law No. 361-IX of 06.12.2019}
18. The following documents shall be submitted for the state registration of changes in the information on a separate unit of a legal entity contained in the United State Register:
1) an application for state registration of changes in the information on a separate unit of a legal entity contained in the United State Register;
2) ownership structure in the form and with the content defined by the legislation;
3) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
4) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 18 of Article 17 as revised by Law No. 361-IX of 06.12.2019}
19. The following documents shall be submitted for the state registration of the dissolution of a separate unit of a legal entity:
1) an application for state registration of the dissolution of a separate unit of a legal entity;
2) ownership structure in the form and with the content defined by the legislation;
3) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
4) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 19 of Article 17 as revised by Law No. 361-IX of 06.12.2019}
{Part 20 of Article 17 has been deleted under the Law No. 2275-VIII of 06.02.2018}
21. Legal entities shall have information on the ultimate beneficial owner and an ownership structure.
{Article 17 has been supplemented with a new part under the Law No. 361-IX of 06.12.2019}
22. Legal entities shall be obliged to keep the information on the ultimate beneficial owner and an ownership structure up to date, update it and notify a state registrar of the changes within 30 business days of their occurrence and submit documents to the state registrar confirming these changes. If there are no changes in the ownership structure and the information on the ultimate beneficial owner of a legal entity, legal entities shall notify the state registrar of the absence of such changes when carrying out the state registration of any changes in the information on a legal entity contained in the United State Register.
{Article 17 has been supplemented with a new part under the Law No. 361-IX of 06.12.2019}
23. If a legal entity discovers any incompleteness or inaccuracy or errors in the information on the ultimate beneficial owner and the ownership structure previously provided to the state registrar, the legal entity shall, not later than three business days from the date of their discovery, re-submit the corrected information in the manner prescribed by this Law.
{Article 17 has been supplemented with a new part under the Law No. 361-IX of 06.12.2019}
24. The form and content of the ownership structure shall be established by a central executive authority ensuring the formation and implementation of the state policy in the field of preventing and countering the legalisation (laundering) of the proceeds of crime, the financing of terrorism and the financing of proliferation of weapons of mass destruction in coordination with the Ministry of Justice of Ukraine.
{Article 17 has been supplemented with a new part under the Law No. 361-IX of 06.12.2019}
25. In case a representative of the founder (member) of a legal entity participates in decision-making by the authorised managerial body of a legal entity, a copy of the original (a notarised copy thereof) document certifying their powers shall be submitted in addition.
Article 17-1. Documents submitted by the applicant to confirm the information on the ultimate beneficial owner of a legal entity
1. To confirm the information on the ultimate beneficial owner, the following documents shall be submitted annually, starting from the following year from the date of the state registration of a legal entity, within 14 calendar days:
1) a statement to confirm the information on the ultimate beneficial owner;
2) ownership structure in the form and with the content defined by the legislation;
3) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
4) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and if such document is executed without application of the Unified State Demographic Register – for a resident individual.
{The Law has been supplemented with Article 17-1 under the Law No. 361-IX of 06.12.2019}
Article 18. Documents submitted by the applicant for state registration of an individual entrepreneur
1. The following documents shall be submitted for the state registration of an individual as an entrepreneur:
1) an application for state registration of an individual as an entrepreneur, which may specify a request for registration of such a person as a payer of value-added tax and/or opting for the simplified taxation system;
{Clause 1, part 1 of Article 18 as amended by Law No. 132-IX of 20.09.2019}
{Clause 2, part 1 of Article 18 has been deleted under the Law No. 132-IX of 20.09.2019}
3) a notarised written consent of parents (adoptive parents) or guardian or trusteeship authority – for an individual who has attained the age of sixteen years and wishes to engage in entrepreneurial activities but does not have full civil capacity;
4) a contract (declaration) on the establishment of a family farm – in case of the state registration of an individual who alone or with family members has established a family farm under the Law of Ukraine “On Farming”.
{Part 1 of Article 18 has been supplemented with clause 4 under the Law No. 2497-VIII of 10.07.2018}
2. An application for state registration of entering the information on an individual entrepreneur into the United State Register shall be submitted for the state registration of entering the information on an individual entrepreneur registered before 1 July 2004, the information on which is not contained in the United State Register.
3. The following documents shall be submitted for the state registration of changes in the information on an individual entrepreneur contained in the United State Register:
1) an application for state registration of changes in the information on an individual entrepreneur contained in the United State Register;
2) a document on payment of the administrative fee – in cases provided for by this Law;
3) a copy of the certificate on change of a taxpayer identification number – in case of changes related to the change of a taxpayer identification number;
4) a copy of the first page of the passport and the page with a note on the right to make payments under passport series and number – in case of changes related to the series and number of the passport – for individuals having a note in their passport on the right to make payments under passport series and number;
5) a contract (declaration) on the establishment of a family farm – in case an individual entrepreneur has established a family farm under the Law of Ukraine “On Farming”; a redrafted contract (declaration) on the establishment of a family farm - in case of changes contained in the contract (declaration) on the establishment of a family farm.
{Part 3 of Article 18 has been supplemented with clause 5 under the Law No. 2497-VIII of 10.07.2018}
4. One of the following documents shall be submitted for the state registration of the termination of entrepreneurial activity of an individual entrepreneur:
1) an application for state registration of termination of entrepreneurial activity of an individual entrepreneur under their decision – in case of state registration of termination of entrepreneurial activity of an individual entrepreneur under their decision;
2) a photocopy of a death certificate of an individual, a court judgement on recognising an individual as missing – in case of state registration of termination of entrepreneurial activity of an individual entrepreneur due to their death, recognising them as missing or declaring them dead.
{Part 5 of Article 18 has been deleted under the Law No. 2275-VIII of 06.02.2018}
{Part 6 of Article 18 has been deleted under the Law No. 2275-VIII of 06.02.2018}
7. It shall be prohibited to request additional documents for registration actions if they are not stipulated by this Article.
Article 19. Documents submitted by the applicant for state registration of a public association that does not have the status of a legal entity
1. The state registration of a public association that does not have the status of a legal entity shall be carried out by means of notification on the establishment of such a public association.
2. The following documents shall be submitted for the establishment of a public association that does not have the status of a legal entity:
1) an application for state registration of a public association the does not have the status of a legal entity
2) a copy of the original (a notarised copy thereof) decision to establish a public association;
3) information on founders of a public association (surname, name, patronymic, date of birth, residence address, taxpayer identification number (if any) – for an individual; its name, location, identification code – for a legal entity);
4) information on a person (persons) authorised to represent a public association (surname, name, patronymic, date of birth, taxpayer identification number (if any), contact phone number and other means of communication).
3. An application for state registration of changes in the information on a public association that does not have the status of a legal entity contained in the United State Register and a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a public association on changes being entered into the United State Register shall be submitted for the state registration of changes in the information on a public association that does not have the status of a legal entity contained in the United State Register.
4. For the state registration of changes in the information on a public association that does not have the status of a legal entity contained in the United State Register due to suspension (termination) of membership in a public organisation that does not have the status of a legal entity, a member of the governing body (except for the head) shall submit a copy of the application for suspension (termination) of their membership in the relevant statutory bodies of a public association with a note of acceptance.
{Part 4 of Article 19 as amended by Law No. 1666-VIII of 06.10.2016}
5. A copy of the original (a notarised copy thereof) decision by an authorised managerial body of a public association that does not have the status of a legal entity on its voluntary dissolution shall be submitted for the state registration of dissolution of a public association that does not have the status of a legal entity.
Article 20. Documents submitted by the applicant for state registration of a permanent arbitration court
1. The following documents shall be submitted for the state registration of a permanent arbitration court:
1) an application for the state registration of a permanent arbitration court;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of the founder to establish a permanent arbitration court;
3) constituent documents of a permanent arbitration court (provisions, regulations of the arbitration court);
5) a copy of the charter of the arbitration court founder.
{Clause 5, part 1 of Article 20 as amended by Law No. 1666-VIII of 06.10.2016}
3. The following documents shall be submitted for the state registration of changes in the information on a permanent arbitration court contained in the United State Register:
1) an application for state registration of changes in the information on a permanent arbitration court contained in the United State Register;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of the founder on changes in the information on a permanent arbitration court contained in the United State Register;
3) redrafted constituent documents of a permanent arbitration court (provisions, regulations of the arbitration court) – in case of changes in the constituent documents of the permanent arbitration court;
4) a redrafted list of the arbitrators – in case of changes in the membership of arbitrators;
5) a copy of the charter of the arbitration court founder.
{Clause 5, part 2 of Article 20 as amended by Law No. 1666-VIII of 06.10.2016}
3. A copy of the original (a notarised copy thereof) decision of an authorised managerial body of the founder of a permanent arbitration court on its dissolution shall be submitted for the state registration of dissolution of a permanent arbitration court.
Article 21. Documents submitted by the applicant for state registration of structural units of a political party that do not have the status of a legal entity
1. The state registration of structural units of a political party that do not have the status of a legal entity shall be carried out only after the state registration of the political party.
2. The following documents shall be submitted for the state registration of a structural unit of a political party that does not have the status of a legal entity:
1) an application for state registration of a structural unit of a political party that does not have the status of a legal entity;
2) a copy of the charter of a political party;
3) a copy of the original (a notarised copy thereof) minutes of a constitutive meeting (conference) establishing a structural unit of a political party, an integral part of which is a register of participants in the constitutive meeting (conference);
{Clause 3, part 2 of Article 21 as revised by Law No. 1666-VIII of 06.10.2016}
4) a document confirming the establishment of a structural unit of a political party by virtue of the charter of a political party under which it operates.
3. The state registration of a primary branch of a political party shall be carried out without granting the status of a legal entity by means of notification on the establishment of a primary branch.
4. The following shall be submitted for the state registration of changes in the information on a structural unit of a political party that does not have the status of a legal entity contained in the United State Register:
1) an application for state registration of changes in the information on a structural unit of a political party that does not have the status of a legal entity contained in the United State Register;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a structural unit of a political party on changes being entered into the United State Register;
3) a copy of the original (a notarised copy thereof) minutes of the meeting held by a governing body of a structural unit of a political party, which convened a meeting of the supreme managerial body of the structural unit of the political party following the charter of the political party;
4) a document confirming the competence to make a decision under the charter of a political party;
5) information on the governing bodies of a structural unit of a political party (surname, name, patronymic, date of birth of the head, members of other governing bodies, taxpayer identification number (if any), position, contact phone number and other means of communication) – in case of changes in the membership of governing bodies.
5. For the state registration of changes in the information on a structural unit of a political party that does not have the status of a legal entity contained in the United State Register due to suspension (termination) of membership in a structural unit of a political party that does not have the status of a legal entity, a member of the governing body (except for the head) shall submit a copy of the application for suspension (termination) of their membership in the relevant statutory bodies of a political party with a note of acceptance.
{Part 5 of Article 21 as amended by Law No. 1666-VIII of 06.10.2016}
6. A copy of the original (a notarised copy thereof) decision by an authorised managerial body provided for in the charter of a political party on self-dissolution or decision of the relevant state body to dissolve a structural unit of a political party shall be submitted for the state registration of dissolution of a structural unit of a political party that does not have the status of a legal entity.
Article 22. Documents submitted by the applicant for state registration of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation
1. The state registration in Ukraine of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation shall be carried out through its accreditation without acquiring the status of a legal entity.
2. The following documents shall be submitted for the accreditation of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation.
1) an application for state registration of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation;
2) a copy of the document issued by an authorised body of a foreign state that confirms the registration of a foreign non-governmental organisation;
3) a copy of the constituent documents of a foreign non-governmental organisation;
4) a decision by an authorised body of a foreign non-governmental organisation to establish a separate unit of the foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation and to appoint its head;
5) a constituent document (charter, regulations) of a separate unit, a representative office, a branch (if a constituent document (charter, regulations) is envisaged by the decision to establish a separate unit, a representative office, a branch);
{Clause 5, part 2 of Article 22 as revised by Law No. 1666-VIII of 06.10.2016}
6) a power of attorney (a notarised copy thereof) in the name of the head of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation executed in accordance with the legislation of the state where it was issued;
7) a document on payment of the administrative fee, except for foreign non-governmental organisations exempt from the accreditation fee on the grounds of international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine;
8) ownership structure in the form and with the content defined by the legislation;
{Part 2 of Article 22 has been supplemented with clause 8 under the Law No. 361-IX of 06.12.2019}
9) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 2 of Article 22 has been supplemented with clause 9 under the Law No. 361-IX of 06.12.2019}
10) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and in case such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 2 of Article 22 has been supplemented with clause 10 under the Law No. 361-IX of 06.12.2019}
3. For the state registration of changes in the information on a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation contained in the United State Register, including changes in the constituent documents, the following documents shall be submitted by a foreign non-governmental organisation or a person authorised by it within 20 days from the date of the relevant decision:
{Paragraph 1, part 3 of Article 22 as amended by Law No. 1666-VIII of 06.10.2016}
1) an application for state registration of changes in the information on a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation contained in the United State Register;
2) a decision by an authorised body of a foreign non-governmental organisation
3) a power of attorney (a notarised copy thereof) in the name of the head of a separate unit of a foreign non-governmental organisation executed in accordance with the legislation of the state where it was issued;
4) a redrafted constituent document (charter, regulations) – in case of changes in the constituent documents;
{Part 3 of Article 22 has been supplemented with clause 4 under the Law No. 1666-VIII of 06.10.2016}
5) ownership structure in the form and with the content defined by the legislation;
{Part 3 of Article 22 has been supplemented with clause 5 under the Law No. 361-IX of 06.12.2019}
6) an extract, abstract or another document from the commercial, bank or court register confirming the registration of a non-resident legal entity in its host country – if the founder of a legal entity is a non-resident legal entity;
{Part 3 of Article 22 has been supplemented with clause 6 under the Law No. 361-IX of 06.12.2019}
7) a notarised copy of the identity document of an ultimate beneficial owner of a legal entity – for a non-resident individual, and in case such document is executed without application of the Unified State Demographic Register – for a resident individual.
{Part 3 of Article 22 has been supplemented with clause 7 under the Law No. 361-IX of 06.12.2019}
4. A decision by an authorised body of a foreign non-governmental organisation with a separate subdivision, a representative office, a branch accredited in Ukraine, or a decision by a state body shall be submitted for the state registration of dissolution of a separate unit of a foreign non-governmental organisation, a representative office, a branch of a foreign charitable organisation.
Article 23. Documents submitted by the applicant for state registration of symbols
1. The following documents shall be submitted for the state registration of symbols:
1) an application for state registration of symbols;
2) a copy of the constituent document of a legal entity;
{Clause 2, part 1 of Article 23 as amended by Law No. 1666-VIII of 06.10.2016}
3) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity on approval of the symbols, definition of the type of symbols, their description, and for political parties – also the text of anthem and/or motto;
4) images of symbols (flag and/or emblem, text of anthem and/or motto) in paper and electronic form;
5) description of symbols in paper and electronic form;
{Clause 6, part 1 of Article 23 has been deleted under the Law No. 1666-VIII of 06.10.2016}
6) a document on payment of the administrative fee – in cases provided for by this Law.
{Clause 6 has been added to part 1 of Article 23 under the Law No. 2275-VIII of 06.02.2018}
3. The following documents shall be submitted for the state registration of changes in the information on symbols contained in the United State Register:
1) an application for state registration of changes in the information on symbols contained in the United State Register;
2) a copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity on approval of the symbols, definition of the type of symbols, their description, and for political parties – also the text of anthem and/or motto;
3) images of the flag and/or emblem, text of the anthem and/or motto in paper and electronic form;
4) description of symbols in paper and electronic form;
5) a document on payment of the administrative fee – in cases provided for by this Law.
{Part 2 of Article 23 has been supplemented with clause 5 under the Law No. 2275-VIII of 06.02.2018}
3. A copy of the original (a notarised copy thereof) decision by an authorised managerial body of a legal entity to terminate the symbols shall be submitted for state registration of the termination of the symbols.
Article 24. Documents submitted by the applicant for state registration of confirmation of the all-Ukrainian status of a public association
1. An application for state registration of confirmation of the all-Ukrainian status shall be submitted for the state registration of confirmation of the all-Ukrainian status of a public association.
2. An application for state registration of withdrawal of the all-Ukrainian status shall be submitted for withdrawal of the all-Ukrainian status.
Article 25. Procedure for state registration and other registration actions
1. State registration and other registration actions shall be carried out on the grounds of:
1) documents submitted by the applicant for state registration;
2) court judgements, which have become legally effective and entail the change of information in the United State Register, as well as received in electronic form from the court or state executive service in accordance with the Law of Ukraine “On Enforcement Proceedings”, regarding:
recognition of the decisions adopted by the founders (members) of a legal entity or a body authorised by them as fully or partially invalid;
recognition of changes in the constituent documents of a legal entity as fully or partially invalid;
prohibition (cancellation of prohibition) of registration actions;
seizure/release of corporate rights;
obligations to carry out registration actions;
cancellation of a registration action/entry in the United State Register;
proceedings on the restoration of debtor’s solvency or declaring them bankruptcy adopted under the Law of Ukraine “On Restoration of Debtor’s Solvency or Declaring Them Bankruptcy”;
dissolution of a legal entity not due to the bankruptcy of a legal entity;
cancellation of the state registration of the dissolution of a legal entity;
termination of the entrepreneurial activities of an individual entrepreneur not due to the bankruptcy of a legal entity;
cancellation of the state registration of the termination of entrepreneurial activity of an individual entrepreneur;
reversal under the appeal/cassation procedure of a court judgement which is the ground for a registration action;
{Clause 2, part 1 of Article 25 as revised by Law No. 1666-VIII of 06.10.2016}
3) decisions taken as a result of an administrative appeal pursuant to Article 34 of this Law.
2. The procedure for state registration and other registration actions under the documents submitted by the applicant for state registration shall include:
1) filling out the form of application for state registration - in case documents are submitted by the applicant in person (at the request of the applicant);
2) receiving the documents under the list – in case documents are submitted in paper form;
3) making copies of documents in electronic form – in case documents are submitted in paper form;
4) entering the copies of documents in electronic form into the United State Register;
2) checking the documents for grounds to suspend the examination of documents;
6) checking the documents for grounds to refuse the state registration;
7) adopting a decision on a registration action – for public organisations, symbols and certification of the the all-Ukrainian status of a public association;
4) carrying out the registration action (including taking into account the principle of tacit consent) in the absence of grounds to suspend the examination of documents and refuse state registration by making an entry in the United State Register;
9) generating and publishing the abstract, results of administrative services in the field of state registration and the constituent documents on the portal of electronic services or using the United State Web Portal of Electronic Services;
{Clause 9, part 2 of Article 25 as amended by Laws No. 1666-VIII of 06.10.2016, No. 943-IX of 03.11.2020}
10) issuing, at the request of the applicant, a paper abstract from the United State Register based on the results of the registration action (in case of an application for state registration in paper form).
An abstract from the United State Register in paper form shall be provided with the signature and seal of a state registrar.
{Part 2 of Article 25 has been supplemented with clause 10 under the Law No. 1666-VIII of 06.10.2016}
3. In case of state registration of changes in the information in the United State Register on the expulsion or withdrawal of a member (heir or legal successor) of limited liability or additional liability company, as well as related to the transfer (acquisition) of membership interest (part of the membership interest) in the charter capital to a limited liability or additional liability company itself, a state registrar shall simultaneously make an entry on reduction of the amount of the charter capital by the amount of membership interest (part of the membership interest) in the charter capital. This part shall not apply if a limited liability or additional liability company acquiring membership interest (part of the membership interest) in its charter capital, along with the application for state registration, submits a certificate on the formation of reserve capital in the amount which allows holding membership interest (part of the membership interest) in its charter capital under the law.
{Article 25 has been supplemented with a new part under the Law No. 2275-VIII of 06.02.2018}
4. On the day of state registration of changes in the information in the United State Register related to a change in the membership of a limited liability or additional liability company or a change in the amount of their membership interests, a state registration entity shall issue (send by mail with an enclosure list) an abstract from the United State Register to the applicant, the company, persons who were listed in the register as members of the company before the registration action, and to persons specified in the register as members of the company after the registration action. If a state registration entity is aware of e-mail of persons to whom this abstract shall be sent, it shall additionally send a copy of the abstract by e-mail to such persons on the same day.
{Article 25 has been supplemented with a new part under the Law No. 2275-VIII of 06.02.2018}
5. Not later than on the next business day from the date of receipt of the court judgement provided for in clause 2, part 1 of this Article, a state registration entity shall:
1) apply to the court for clarification of a court judgement – if a court judgement is unclear to a state registration entity;
2) inform the court or the state executive service on the impossibility to execute a court judgement stating the grounds – if it is impossible to execute a court judgement;
3) carry out a relevant registration action by making an entry into the United State Register (except for the cases provided for in clauses 1 and 2 of this part);
4) generate an abstract for publishing thereof at the portal of electronic services or using the United State Web Portal of Electronic Services – in case of changes in the information contained in the abstract.
{Clause 4, part 5 of Article 25 as amended by Law No. 943-IX of 03.11.2020}
6. A simplified procedure for state registration of the dissolution of a legal entity through its winding-up shall be carried out on the grounds of:
1) a court judgement to cancel (declare invalid) the state registration of a legal entity in the cases provided for by law, if such judgement has been adopted by a court before 1 July 2004, except for a court judgement to declare a legal entity bankrupt;
2) a court judgement on dissolution of a legal entity not due to the bankruptcy of the legal entity, if such judgement has been adopted by a court after 1 July 2004, and if the chairman of a winding-up commission for dissolution of a legal entity or the liquidator of a legal entity has not provided a state registration entity with the documents necessary for the state registration of dissolution of a legal entity due to its winding-up within three years from the date of notification on ruling the court judgement on dissolution of a legal entity not due to the bankruptcy of the legal entity;
3) failure by the chairman of a winding-up commission for dissolution of a legal entity or the liquidator of a legal entity to submit the documents necessary for the state registration of dissolution of a legal entity due to its winding-up within one year from the date of entry in the United State Register on the suspension of the simplified procedure for state registration of the dissolution of a legal entity due to its winding-up.
7. The procedure for conducting the simplified procedure for state registration of the dissolution of a legal entity due to its winding-up shall include:
1) carrying out the registration action concerning the commencement of the simplified procedure for state registration of the dissolution of a legal entity due to its winding-up by means of making an entry in the United State Register – not later than the next business day from the date of the ground provided for in part 4 of this Article;
2) the state registration of the dissolution of a legal entity due to its winding-up by – not later than the next business day after receipt of the information:
on no arrears on payment of taxes and fees and no arrears on payment of the unified contribution for compulsory state social insurance;
on no arrears on payment of insurance funds to the Pension Fund of Ukraine and social insurance funds;
on no uncanceled issues of securities of a legal entity - issuer;
on no uncanceled registration of the issue of shares of a joint-stock company.
In case of failure to receive information referred to in this part from state bodies, in the manner and within the periods specified by this Law, and failure to receive: from the state tax service – the information on any arrears on payment of taxes and fees and any arrears on payment of the unified contribution for compulsory state social insurance, from the Pension Fund of Ukraine – the information on any arrears on payment of insurance funds to the Pension Fund of Ukraine and social insurance funds, the state registration of the dissolution of a legal entity due to its winding-up shall be carried out under the principle of tacit consent stating the state authorities that failed to provide the relevant information;
{Paragraph 6, clause 1, part 7 of Article 25 as amended by Law No. 132-IX of 20.09.2019}
3) carrying out the registration action concerning the suspension of the simplified procedure for state registration of the dissolution of a legal entity due to its winding up by means of making an entry in the United State Register – not later than the next business day from the date of receipt of the information on any arrears on payment of taxes and fees and any arrears on payment of the unified contribution for compulsory state social insurance, or on any arrears on payment of insurance funds to the Pension Fund of Ukraine and social insurance funds, on any uncanceled issues of securities of a legal entity - issuer, or on any uncanceled registration of the issue of shares of a joint-stock company.
4) generating an abstract and publishing thereof at the portal of electronic services or using the United State Web Portal of Electronic Services – in case of changes in the information contained therein.
{Clause 4, part 7 of Article 25 as amended by Law No. 943-IX of 03.11.2020}
8. The procedure for state registration, preparation and execution of decisions on registration of public organisations, symbols and other registration actions shall be determined by the Ministry of Justice of Ukraine under the Procedure for state registration of legal entities, individual entrepreneurs and public organisations that do not have the status of a legal entity.
9. If during the examination of an application and documents for state registration a state registrar finds out other packages of documents registered in the United State Register for state registration regarding the same entity, the next package of documents shall be examined after the state registration or the suspension of the examination or refusal of such registration under the grounds the application and documents previously registered in the United State Register.
{Article 25 has been supplemented with part 9 under the Law No. 2275-VIII of 06.02.2018}
Article 26. Period for examination of documents submitted for state registration
1. The examination of documents submitted for state registration and other registration actions shall shall take place within the following periods:
1) in relation to legal entities and individual entrepreneurs – within 24 hours after receipt of the documents submitted for the state registration and other registration actions, except for weekends and public holidays;
2) in relation to a political party, a creative union, a local branch of a creative union – not later than 30 business days from the date the documents are submitted for state registration;
3) in relation to a permanent arbitration court – not later than 15 business days from the date the documents are submitted for state registration;
4) in relation to a structural unit of a political party – not later than 10 business days from the date the documents are submitted for state registration;
5) in relation to a primary branch of a political party – within one business day from the date the documents are submitted for state registration;
6) in relation to a trade union, its organisation or association, employers’ organisation, its association – not later than 15 business days from the date the documents are submitted for state registration;
7) in relation to a public association, a local branch of a public association with the status of a legal entity – not later than three business days from the date the documents are submitted for state registration;
8) in relation to a public association that does not have the status of a legal entity – not later than three business days from the date the documents are submitted for state registration;
9) in relation to the accreditation in Ukraine of a separate unit of a foreign non-governmental organisation, a branch and a representative office of a foreign charitable organisation, symbols of public associations in the cases provided by law – not later than 20 business days from the date the documents are submitted for state registration;
{Clause 9, part 1 of Article 26 as amended by Law No. 1666-VIII of 06.10.2016}
10) in relation to the documents submitted for state registration as a result of notarial acts provided for in paragraph 1, part 3, Article 4 of this Law – immediately after the notary has made a certifying inscription on the document or has signed it. In case of notarisation of a transaction with the legal effect being associated with the occurrence of certain circumstances, the state registration of rights shall be carried out after the occurrence of a certain circumstance.
{Part 1 of Article 26 has been supplemented with clause 10 under the Law No. 159-IX of 03.10.2019}
2. The period for examining the documents as established in clauses 2, 6 and 7, part 1 of this Article may be extended by a state registration entity, if necessary, but not more than by 15 business days.
3. The state registration may take place within a shorter period, except for the case provided for in clause 10, part 1 of this Article. The Cabinet of Ministers of Ukraine shall establish the grounds, procedure and amount of the fee for the state registration within shortened terms.
{Part 3 of Article 26 as amended by Law No. 159-IX of 03.10.2019}
Article 27. Suspension of the examination of documents submitted for state registration
1. The grounds to suspend the examination of the documents submitted for state registration shall be:
1) submission of incomplete documents or information defined by this Law;
2) non-compliance of the documents with the requirements set out in Article 15 of this Law;
{Clause 3, part 1 of Article 27 has been deleted under the Law No. 361-IX of 06.12.2019}
{Clause 4, part 1 of Article 27 has been deleted under the Law No. 361-IX of 06.12.2019}
5) non-compliance of a taxpayer identification number or passport series and number (for individuals having a note in their passport on the right to make payments under passport series and number) with the information provided under Article 13 of this Law;
6) failure to pay the administrative fee or payment of the administrative fee not in full;
7) submission of documents in violation of the period established by law for their submission.
2. Suspension of examining the documents on the grounds not stipulated by this Article shall not be allowed.
The examination of the documents shall be suspended within 24 hours, except for weekends and public holidays, after receipt of the documents submitted for state registration.
The examination of the documents submitted for state registration of public organisation shall be suspended within the periods established by Article 26 of this Law.
3. The examination of the documents shall be suspended for a period of 15 calendar days from the date of their suspension.
{Part 3 of Article 27 as amended by Law No. 1666-VIII of 06.10.2016}
4. A notification on suspending the examination of documents stating the period and exclusive list of grounds for suspension and a decision by a state registration entity to suspend the examination of documents shall be published on the portal of electronic services or using the United State Web Portal of Electronic Services on the date of suspension and sent to the applicant to their e-mail address.
{Part 4 of Article 27 as amended by Law No. 943-IX of 03.11.2020}
5. If the documents necessary to eliminate the grounds for suspension are submitted within the established period, the examination of documents shall be resumed.
6. In case the examination of documents is resumed, the period for examination of the documents submitted for state registration and registration actions shall be calculated starting from the date the documents necessary to eliminate the grounds to suspend the examination of the documents are submitted.
7. Documents requiring the elimination of the grounds to suspend the examination of the documents shall be returned (issued, sent by mail) to the applicant not later than the next business day from the day of receipt of the applicant’s application for their return.
Article 28. Refusal of state registration
1. The grounds for refusal of state registration:
1) documents have been submitted by a person not authorised thereto;
2) the United State Register contains information on a court judgement to prohibit a registration action;
3) the United State Register contains information on a court judgement to seize corporate rights – in case of the state registration of changes in the information on a legal entity contained in the United State Register due to the change in the founder’s (member’s) interest in the charter (authorised) capital (unit trust) of a legal entity;
3-1) an application for state registration of changes in the information on a legal entity contained in the United State Register due to the change in the founder’s (member’s) interest in the charter (authorised) capital (unit trust) of a legal entity is submitted regarding the founder (member), which at the time of application is entered in the United Register of Debtors, in particular under enforcement proceedings on the recovery of alimony if there is a debt for the relevant payments for more than three months, except when increasing the amount of such interest;
{Part 1 of Article 28 has been supplemented with clause 3-1 under the Law No. 2475-VIII of 03.07.2018}
3-2) documents have been submitted to an irrelevant state registration entity;
{Part 1 of Article 28 has been supplemented with clause 3-2 under the Law No. 159-IX of 03.10.2019}
4) the grounds to suspend the examination of documents have not been eliminated within the prescribed period;
5) documents contradict the requirements of the Constitution and laws of Ukraine;
6) documents contradict the charter of a public organisation;
7) the procedure provided for by law for establishing a legal entity, a public organisation that does not have the status of a legal entity has been violated;
7-1) the requirement established by a member to notarise the authenticity of signature during decision-making on the activity of a legal entity and/or a requirement to notarise a transaction involving the membership interest of such a member in the charter (authorised) capital (unit trust) of the relevant legal entity has been violated;
{Part 1 of Article 28 has been supplemented with clause 7-1 under the Law No. 340-IX of 05.12.2019}
8) non-compliance of the name of a legal entity with the requirements of law;
9) the state registration of a decision to terminate a legal entity due to its winding-up has been carried out in relation to the founder (member) of a legal entity being established;
10) the state registration of a decision to terminate a legal entity due to its winding-up has been carried out regarding a legal entity in respect of which an application has been submitted for state registration of changes in the information of the United State Register due to the change of the founders (members) of the legal entity;
10-1) the United State Register contains a record on a court judgement on recognising a legal entity bankrupt and initiating the winding-up procedure regarding a legal entity in respect of which an application has been submitted for state registration of changes in the information of the United State Register due to the change in the membership of the founders (members) of the legal entity;
{Part 1 of Article 28 has been supplemented with clause 10-1 under the Law No. 159-IX of 03.10.2019}
10-2) changes in the constituent documents of a legal entity shall constitute the grounds for registration actions concerning a legal entity in respect of which the United State Register contains a record on a court judgement on recognition of the decisions adopted by the founders (members) of a legal entity or a body authorised by them as fully or partially invalid, recognition of changes in the constituent documents of a legal entity as fully or partially invalid if such a decision or its part is recognised as invalid;
{Part 1 of Article 28 has been supplemented with clause 10-2 under the Law No. 159-IX of 03.10.2019}
10-3) inconsistency of the information specified in the application for state registration with the information specified in the documents submitted for state registration or the information contained in the United State Register or other information systems, the use of which is provided by this Law;
{Part 1 of Article 28 has been supplemented with clause 10-3 under the Law No. 361-IX of 06.12.2019}
10-4) inconsistency of the information specified in the documents submitted for state registration with the information contained in the United State Register or other information systems, the use of which is provided by this Law;
{Part 1 of Article 28 has been supplemented with clause 10-4 under the Law No. 361-IX of 06.12.2019}
11) documents for state registration of the dissolution of a legal entity have been submitted:
earlier than the deadline established by this Law;
with regard to a legal entity that dissolves due to its winding-up and is a founder (member) of other legal entities and/or has non-closed separate units and/or is a founder of an arbitration court;
{Paragraph 3, clause 11, part 1 of Article 28 as amended by Law No. 1666-VIII of 06.10.2016}
there is no entry in the United State Register on the state registration of the legal entity established through reorganisation due to merger, consolidation or split-up;
{Paragraph 4, clause 11, part 1 of Article 28 as amended by Law No. 1666-VIII of 06.10.2016}
with regard to a joint-stock company in respect of which the information has been received on any uncanceled registration of the issue of shares;
with regard to a legal entity - issuer of securities in respect of which the information has been received on any uncanceled issue of securities;
with regard to a legal entity being winded-up in respect of which the information has been received on any arrears on payment of taxes and fees and/or any arrears on payment of the unified contribution for compulsory state social insurance, except for banks in respect of which the winding-up procedure is carried out in accordance with the Law of Ukraine “On the System of Guaranteeing Natural Person Deposits”;
{Paragraph 7, clause 11, part 1 of Article 28 as revised by Law No. 2491-VIII of 05.07.2018}
with regard to a legal entity being reorganised in respect of which the information has been received on any arrears on payment of taxes and fees and/or any arrears on payment of the unified contribution for compulsory state social insurance and there is no information on approval of reorganisation plan of the legal entity;
{Paragraph 8, clause 11, part 1 of Article 28 as amended by Law No. 132-IX of 20.09.2019}
with regard to a legal entity being reorganised in respect of which the information has been received on any arrears on payment of insurance funds to the Pension Fund of Ukraine and social insurance funds;
with regard to a legal entity that dissolves due to winding-up, in respect of which the information has been received on initiated enforcement proceedings;
{Paragraph 10, clause 11, part 1 of Article 28 as amended by Law No. 1666-VIII of 06.10.2016}
with regard to a legal entity against which bankruptcy proceedings have been initiated;
12) the charter of a limited liability company or an additional liability company has been submitted with changes adopted without taking into account the votes attributable to the membership interest of a deceased member of the company.
{Part 1 of Article 28 has been supplemented with clause 12 under the Law No. 2275-VIII of 06.02.2018}
The grounds for refusal of state registration of an individual entrepreneur:
1) documents have been submitted by a person not authorised thereto;
2) the United State Register contains information on a court judgement to prohibit a registration action;
3) the grounds to suspend the examination of documents have not been eliminated within the prescribed period;
3-1) documents have been submitted to an irrelevant state registration entity;
{Part 2 of Article 28 has been supplemented with clause 3-1 under the Law No. 159-IX of 03.10.2019}
4) there are statutory restrictions on engaging in entrepreneurial activities;
5) there is a record in the United State Register that the individual is already registered as an individual entrepreneur;
6) the submitted documents contradict the requirements of the laws of Ukraine.
{Part 2 of Article 28 has been supplemented with clause 6 under the Law No. 2497-VIII of 10.07.2018}
3. A notification on the refusal of state registration shall contain references to a specific provision (clause, article) of the legislation stating what exactly has been violated during the execution and submission of documents, as well as stating which clause or article of the document (charter, minutes, etc.) submitted by the applicant does not comply with the provisions of the legislation.
The state registration shall not be refused on the grounds not stipulated by this Article, as well as the state registration (legalisation) of a trade union, its organisation or association shall not be refused.
5. The refusal of the state registration shall be carried out within 24 hours after receipt of the documents submitted for state registration, except for weekends and public holidays.
6. The refusal of the state registration of public associations shall be carried out within the periods established by Article 26 of this Law.
7. A notification on the refusal of the state registration stating the exclusive list of grounds for refusal and a decision by a state registration entity to refuse the state registration be published on the portal of electronic services or using the United State Web Portal of Electronic Services on the date of the refusal of state registration.
{Part 7 of Article 28 as amended by Law No. 943-IX of 03.11.2020}
8. In case of refusal of state registration, the documents submitted for state registration (except for the document on payment of the administrative fee) shall be returned (issued, sent by mail) to the applicant not later than the next business day from the day of receipt of the applicant’s application for their return.
9. After elimination of the reasons that constituted the grounds for the refusal of state registration, the applicant may re-submit the documents for state registration.
Article 29. Registration files
1. A registration file shall be formed in paper and electronic form after making an entry in the United State Register on the state registration of the establishment of a legal entity, a public organisation that does not have the status of a legal entity, the state registration of an individual entrepreneur and the state registration of entering the information on an individual entrepreneur.
2. A registration file shall have a registration number assigned when making an entry into the United State Register on the state registration of the establishment of a legal entity, a public organisation that does not have the status of a legal entity, the state registration of an individual entrepreneur and the state registration of entering the information on an individual entrepreneur.
3. A registration file in paper form shall be stored by a state registration entity at the location of a legal entity, a public organisation or an individual entrepreneur:
in respect of a legal entity (except for a public organisation and a religious organisation) and an individual entrepreneur – at executive authorities of city councils of the cities of regional significance and/or republican significance in the Autonomous Republic of Crimea, Kyiv and Sevastopol city, raion, Kyiv and Sevastopol city district state administrations;
{Paragraph 2, part 3 of Article 29 as amended by Law No. 2673-VIII of 17.01.2019}
in respect of a religious organisation – at the central executive authority implementing the state policy in the field of religion, the Council of Ministers of the Autonomous Republic of Crimea, at oblast, Kyiv and Sevastopol city state administrations;
{Part 3 of Article 29 has been supplemented with a new paragraph under the Law No. 2673-VIII of 17.01.2019}
in respect of a public organisation, trade unions, their organisations, associations of trade unions – at the Ministry of Justice of Ukraine, the territorial authorities of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, oblasts, Kyiv and Sevastopol cities.
{Paragraph of part 3 of Article 29 as amended by Law No. 1666-VIII of 06.10.2016}
The state registration entity that carried out a registration action shall send the documents submitted for registration to the relevant state registration entity authorised to store registration files within three business days from the day of registration.
4. A registration file in paper form shall be stored for five years from the date of making an entry in the United State Register on state registration of dissolution of a legal entity, a public organisation that does not have the status of a legal entity, or state registration of termination of entrepreneurial activity of an individual entrepreneur. Upon expiry of this period the registration files in paper form, not included in the National Archive Fund following their valuation, shall be destroyed in accordance with the procedure established by the legislation.
5. A registration file in electronic form shall be stored for 75 years from the date of making an entry in the United State Register on state registration of dissolution of a legal entity, public organisations that do not have the status of a legal entity, or state registration of termination of entrepreneurial activity of an individual entrepreneur.
6. The procedure for the generation and storage of registration files shall be determined by the Ministry of Justice of Ukraine.
Article 30. Discovery (withdrawal) of, temporary access to documents from registration files, provision of registration files and copies of documents from registration files
{Title of Article 30 as revised by Law No. 140-IX of 02.10.2019}
1. Discovery (withdrawal) of documents from registration files shall be carried out in the manner prescribed by law.
2. A state registration entity that stores a registration file shall be obliged to make copies of the documents withdrawn from the registration file in paper and electronic form in case of their absence in the United State Register. Copies of documents in paper form shall be numbered, bound and stamped. A copy of a court judgement on the discovery of documents, a covering letter or a document by which the court authorised a person to receive them, as well as a copy of the list of the withdrawn documents, shall be attached to a registration file.
3. Original documents withdrawn from a registration file shall be sent by mail to a court or transferred directly to the person authorised by the court to receive them and shall be returned to the state registration entity that stores registration files immediately after appropriate procedural actions.
Temporary access to documents from a registration file shall be provided by virtue of a ruling by an investigating judge, a court under the procedure determined by the Criminal Procedural Code of Ukraine.
4. In case of discovery (withdrawal) of documents from a registration file by virtue of a ruling by an investigating judge, a court on temporary access to property and documents, the state registration entity that stores the registration file shall be obliged to make copies of the documents being withdrawn (discovered) under part 2 of this Article and attach a copy of such ruling and a list of withdrawn documents to the registration file. Documents withdrawn (discovered) from the registration file shall be provided directly to the person specified in the ruling by the investigating judge, court.
5. Withdrawal (discovery) of documents from a registration file shall not constitute grounds for refusal by a state registrar to carry out the registration actions stipulated by this Law.
{Part 6 of Article 30 has been deleted under the Law No. 361-IX of 06.12.2019}
7. Copies of registration files or copies of documents from registration files shall be provided to the National Agency for Corruption Prevention upon its request made for the purpose of exercising the powers determined by the Law of Ukraine “On Prevention of Corruption”.
{Article 30 has been supplemented with part 7 under the Law No. 140-IX of 02.10.2019}
Article 31. The procedure for control over the number of separate units of the public association that has confirmed its all-Ukrainian status
1. In case of detecting that a public association, which has confirmed its all-Ukrainian status, has fewer separate units than it is provided by part 1, Article 19 of the Law of Ukraine “On Public Associations”, a state registration entity shall provide (send by registered mail with a return receipt) written notification to the public association on the grounds for losing the all-Ukrainian status by the public association and make an entry in the United State Register on sending the notification.
2. In case, in 60 days after receiving written notification on the grounds for losing the all-Ukrainian status by the public association, the number of separate units of the public association according to the data of the United State Register does not meet the requirements of part 1, Article 19 of the Law of Ukraine “On Public Associations”, a state registration entity shall adopt a decision on loss of all-Ukrainian status by the public association and make an appropriate entry in the United State Register. A copy of this decision shall be provided (send by registered mail with a return receipt) to the public association not later than the day following its adoption.
Article 32. Rectification of mistakes made in the information of the United State Register
1. In case of revealing a mistake (a clerical, typographical, grammatical, arithmetical error) made by a state registration entity in the information of the United State Register, the applicant shall notify the state registration entity in writing in paper or electronic form, and the latter shall verify the consistency of the information in the United State Register with the information contained in the documents that served as a ground for entering such information. If the fact of inconsistency is confirmed, the state registration entity shall rectify the mistake made free of charge on the day of receipt of the notification.
A mistake in the information of the United State Register made not through the fault of the state registration entity shall be rectified for a fee, the amount of which is established by this Law.
2. In case the state registration entity detects a mistake made in the infirmation of the United State Register, it shall rectify the mistake free of charge within one day and notify the applicant about this in writing.
3. Mistakes made in the information of the United State Register due to mistakes in that documents, which were the grounds for entering such information, shall be rectified after the rectification of mistakes in the mentioned documents.
4. Mistakes in the information of the United State Register may also be rectified on the ground of a court judgement.
Section V
APPEALING AGAINST REGISTRATION ACTIONS, REFUSAL OF STATE REGISTRATION, OMISSIONS OF STATE REGISTRAR. LIABILITY IN THE FIELD OF STATE REGISTRATION
Article 33. Measures taken by a state registration entity and a state registrar in case of revealing a violation of legislation
1. In case if during the acceptance of documents for state registration or registration actions, a state registration entity, a state registrar has any doubt about the authenticity of submitted documents, they shall immediately notify the relevant law enforcement agencies for taking necessary measures.
The notification of the law enforcement agencies for taking necessary measures shall not constitute the reason for suspending the examination of the documents or refusal of state registration.
2. In case a state registrar detects non-compliance of the registration action carried out with the legislation, the state registrar shall notify a legal entity, a public organisation that does not have the status of a legal entity or an individual entrepreneur, in respect of which the registration action was carried out, for submitting to the state registrar the documents stipulated by this Law or applying to a court for taking measures to eliminate the detected violations.
Article 34. PRocedure for appealing against decisions, actions or omissions in the field of state registration
1. Decisions, actions or omissions of a state registrar, a state registration entity may be appealed to the Ministry of Justice of Ukraine and its territorial authorities or in court.
2. The Ministry of Justice of Ukraine shall examine the complaints:
1) against registration actions carried out by a state registrar (except if such registration actions were carried out under a court judgement);
2) against decisions, actions or omissions of territorial authorities of the Ministry of Justice of Ukraine.
A territorial authority of the Ministry of Justice of Ukraine shall examine the complaints:
1) against decisions (except for a decision under which the registration action was carried out), actions or omissions of a state registrar;
2) against actions or omissions of state registration entities.
The territorial authority of the Ministry of Justice of Ukraine shall examine the complaints concerning a state registrar and state registration entities operating within the territory of the relevant territorial authority.
3. Decisions, actions or omissions of a state registrar, a state registration entity may be appealed to the Ministry of Justice of Ukraine and its territorial authorities within 60 calendar days from the date of adoption of the appealed decision or the date when a person found out or could have found out about the violation of their rights by action or omission.
{Paragraph 1, part 3 of Article 34 as amended by Law No. 1666-VIII of 06.10.2016}
Decisions, actions or omissions of the territorial authorities of the Ministry of Justice of Ukraine may be appealed to the Ministry of Justice of Ukraine within 15 calendar days from the date of adoption of the appealed decision or the date when a person found out or could have found out about the violation of their rights by action or omission.
If the examination and resolution of a complaint require the inspection of a state registrar, a state registration entity, as well as the involvement of the complainant or other persons, the Ministry of Justice of Ukraine and its territorial authorities may set other periods of examination and resolution of the complaint by notifying the applicant thereof. In this case, the total period of examination and resolution of the complaint may not exceed 45 calendar days.
4. The date of filing the complaint shall be the date of its actual receipt by the Ministry of Justice of Ukraine or its territorial authority, and in case of sending the complaint by mail – the date of receipt of the complaint mailing from the complainant by the post office as specified by the post office in the return receipt of the mailing or on the envelope.
If the last day of the period for filing the complaint referred to in part 3 of this Article falls on a weekend or public holiday, the last day of the period shall be the first business day following the weekend or public holiday.
5. A complaint against decision, action or omission of a state registrar, a state registration entity or territorial authority of the Ministry of Justice of Ukraine shall be filed in writing by a person who believes that their rights have been violated and shall contain:
1) full name of the complainant, their place of residence or stay (for individuals) or location (for legal entities), as well as the name of complainant’s representative, if the complaint is filed by a representative;
2) the content of the decision, action or omission appealed and the provisions of the legislation the complainant believes to be violated;
3) a statement of the circumstances with which the complainant substantiates their claims;
3-1) information on any or no court dispute on the issue raised in the appeal, which may lead to cancellation of the appealed decision, notification or registration action of a state registrar and/or entry of information into the United State Register;
{Part 5 of Article 34 has been supplemented with clause 3-1 under the Law No. 1666-VIII of 06.10.2016}
4) signature of the complainant or their representative specifying the date of the complaint.
The complaint shall be accompanied by duly certified copies of documents confirming the violation of the complainant’s rights (if any), and if the complaint is filed by the complainant’s representative – by a power of attorney or another document confirming the authority of such representative, or a duly certified copy thereof.
{Part 5 of Article 34 has been supplemented with a new paragraph under the Law No. 1666-VIII of 06.10.2016}
If the complaint against the decision, actions or omission of a state registrar, a state registration entity is filed by the complainant’s representative, such complaint shall be accompanied by a power of attorney or another document confirming its authority, or a duly certified copy thereof.
6. Following the examination of the complaint, the Ministry of Justice of Ukraine and its territorial authorities shall adopt a reasoned decision to:
2) redress (fully or partially) the complaint by deciding on:
a) cancellation of a registration action, cancellation of a decision of the territorial authority of the Ministry of Justice of Ukraine taken following the examination of the complaint – in case of appealing against a registration action, a decision of the territorial authority of the Ministry of Justice;
{Subclause “a”, clause 2, part 6 of Article 34 as revised by Law No. 1666-VIII of 06.10.2016}
b) carrying out a state registration – in case of appealing against the refusal of the state registration, suspension of the examination of documents;
{Subclause “b”, clause 2, part 6 of Article 34 as amended by Law No. 340-IX of 05.12.2019}
c) rectifying a technical error made by a state registrar;
c-1) eliminating the violations committed by a state registrar with the determination of a period for the execution of the order;
{Clause 2, part 6 of Article 34 has been supplemented with subclause “c-1” under the Law No. 159-IX dated 03.10.2019}
d) temporary blocking the access of a state registrar to the United State Register;
e) cancelling the access of a state registrar to the United State Register;
{Subclause “f”, clause 2, part 6 of Article 34 has been deleted under the Law No. 159-IX of 03.10.2019}
g) bringing an official of the territorial authority of the Ministry of Justice of Ukraine to disciplinary liability;
h) submitting to the High Qualification Commission of Notaries at the Ministry of Justice of Ukraine a submission on revoking the certificate of the right to engage in notarial activities.
{Subclause “h”, clause 2, part 6 of Article 34 as revised by Law No. 1666-VIII of 06.10.2016}
The decisions provided for in subclauses “a”, “e” and “g”, clause 2 of this part shall be adopted solely by the Ministry of Justice of Ukraine.
{Paragraph of part 6 of Article 34 as revised by Law No. 1666-VIII of 06.10.2016; as amended by Law No. 159-IX of 03.10.2019}
Following the examination of a complaint, the Ministry of Justice of Ukraine and its territorial authorities may adopt a motivated decision providing ways to redress the complaint.
The decision adopted following the examination of a complaint shall be sent to the complainant within three business days from the date of its adoption.
In case the examination of a complaint by the Ministry of Justice of Ukraine or its territorial authorities reveals the decisions adopted by state registrars or state registration entities in violation of the legislation, which entails the violation of the rights and lawful interests of individuals and/or legal entities, the Ministry of Justice of Ukraine, its territorial authorities shall take measures to report this immediately to the appropriate law enforcement agencies for taking necessary measures.
{Part 6 of Article 34 has been supplemented with paragraph 16 under the Law No. 159-IX of 03.10.2019}
7. The decisions provided for in subclauses “a”–“c”, clause 2, part 6 of this Article shall be executed no later than the next business day from the date of such decision by making an appropriate entry in the United State Register. No repeated submission of documents for state registration and payment of the administrative fee shall be required for execution of such decisions.
On the date the decisions provided for in subclauses “d” and “e”, clause 2, part 6 of this Article are received, the technical administrator of the United State Register shall ensure their immediate execution. The procedure for temporary blocking and cancelling the access to the United State Register shall be determined by the Ministry of Justice of Ukraine.
{Paragraph 3, part 7 of Article 34 has been deleted under the Law No. 159-IX of 03.10.2019}
The decisions provided for in subclauses “g” and “h”, clause 2, part 6 of this Article shall be executed by the Ministry of Justice of Ukraine, its territorial authorities without delay, but no later than five business days from the date of their adoption.
{Part 7 of Article 34 has been supplemented with paragraph 4 under the Law No. 1666-VIII of 06.10.2016}
In case a decision on temporary blocking or cancelling notary’s access to the United State Register, cancelling the accreditation of a state registration entity has been adopted, the Ministry of Justice of Ukraine shall resolve on transferring the documents submitted for registration actions and being under examination by the relevant notary, accredited state registration entity to the state registration entity, which stores the registration file.
{Part 7 of Article 34 has been supplemented with paragraph 5 under the Law No. 1666-VIII of 06.10.2016}
8. The Ministry of Justice of Ukraine and its territorial authorities shall dismiss the complaint if:
1) the complaint is drawn up without complying with the requirements defined in part 5 of this Article;
2) at the time of the decision to redress the complaint through cancelling a registration action on the state registration of a newly established legal entity, other organisations, the state registration of an individual entrepreneur, the dissolution of a legal entity, other organisations, the termination of entrepreneurial activities of an individual entrepreneur or through carrying out a registration action, in the United State Register, the subsequent registration action has been carried out with regard to the relevant person;
3) there is information on a court judgement or ruling on the plaintiff’s withdrawal of the claim relating to the same subject matter of the dispute, on the defendant’s admission of the claim or the approval of a settlement agreement between the parties;
4) there is information on a judicial proceeding in relation to a dispute between the same parties, on the same subject matter and on the same grounds;
5) there is a decision by the same authority on the same matter;
6) there is a complaint on the same matter from the same complainant pending before the authority;
7) the complaint has been filed by a person not authorised thereto;
8) the statutory period for filing a complaint has expired;
9) the issues raised in the complaint do not fall within the competence of the authority;
10) the state registrar, territorial authority of the Ministry of Justice of Ukraine has adopted such decision under the legislation.
{Part 8 of Article 34 has been supplemented with clause 10 under the Law No. 1666-VIII of 06.10.2016}
9. The procedure for examining the complaints against decisions, actions or omissions of a state registrar, state registration entities, territorial authorities of the Ministry of Justice of Ukraine shall be determined by the Cabinet of Ministers of Ukraine.
10. Decisions, actions or omissions of the Ministry of Justice of Ukraine and its territorial authorities may be appealed in court.
Article 34-1. Exercise of control in the field of state registration
1. Control in the field of state registration shall be exercised by the Ministry of Justice of Ukraine, including by monitoring the registration actions in the United State Register in order to detect violations of the procedure for state registration by state registrars, authorised persons of state registration entities, as well as to detect facts of failure to submit or untimely submission to the state registrar of the information on the ultimate beneficial owner of a legal entity as provided by this Law.
{Paragraph 1, part 1 of Article 34-1 as amended by Law No. 361-IX of 06.12.2019}
Following the monitoring of the registration actions in the United State Register in case of detecting any violations of the procedure for state registration by state registrars, authorised persons of state registration entities, the Ministry of Justice of Ukraine shall conduct a desk audit of state registration entities.
In case the desk audit of state registration entities reveals the adoption of decisions by state registrars in violation of laws, which entails the violation of the rights and lawful interests of individuals and/or legal entities, the Ministry of Justice of Ukraine shall take action to report this immediately to the appropriate law enforcement agencies for taking necessary action, as well as interested persons.
{Paragraph 3, part 1 of Article 34-1 as amended by Law No. 159-IX of 03.10.2019}
2. Following the inspections of state registration entities, in case of revealing any violations of the procedure for state registration by state registrars, authorised persons of state registration entities, the Ministry of Justice of Ukraine shall adopt a reasoned decision on:
1) temporary blocking that access of a state registrar, an authorised person of a state registration entity to the United State Register;
2) cancelling the access of the state registrar, an authorised person of a state registration entity to the United State Register;
3) bringing a state registrar, an authorised person of a state registration entity to administrative liability;
4) submitting to the High Qualification Commission of Notaries at the Ministry of Justice of Ukraine a submission on revoking the certificate of the right to engage in notarial activities;
5) referring a state registrar to compulsory professional development, except for notaries who perform the powers of a state registrar under the duties imposed on them by law.
{Clause 5, part 2 of Article 34-1 as revised by Law No. 159-IX of 03.10.2019}
3. On the date the decisions provided for in clause 1 and 2, part 2 of this Article are received, the technical administrator of the United State Register shall ensure their immediate execution.
The decisions provided for in clauses 3–5, part 2 of this Article shall be executed by the Ministry of Justice of Ukraine within five business days from the date of their adoption.
In case a decision on temporary blocking or cancelling state registrar’s access to the United State Register has been adopted, the Ministry of Justice of Ukraine shall resolve on transferring the documents submitted for registration actions and being under examination by the relevant notary to the state registration entity, which stores the registration file.
{Paragraph 3, part 3 of Article 34-1 as amended by Law No. 159-IX of 03.10.2019}
Monitoring may not cover the same state registrar and/or state registration entity more than once a year, except for audits (monitoring) upon applications of individuals or legal entities within the scope of the application subject matter and the authority of the Ministry of Justice of Ukraine.
{Part 3 of Article 34-1 has been supplemented with paragraph 4 under the Law No. 159-IX of 03.10.2019}
Repeated audits and monitoring for the same period, which has already been subject to audit inspection (monitoring), shall not be allowed, except for audits (monitoring) upon applications of individuals or legal entities within the scope of the application subject matter and the authority of the Ministry of Justice of Ukraine.
{Part 3 of Article 34-1 has been supplemented with paragraph 5 under the Law No. 159-IX of 03.10.2019}
4. The procedure for control, desk audits, the rights and obligations of state registrars, state rights registration entities and the Ministry of Justice of Ukraine in carrying out control and audits; the criteria to be monitored; the criteria to be used to determine the degree of liability for violations committed in the field of state registration shall be determined by the Cabinet of Ministers of Ukraine.
{Part 2 of Articleі 34-1 as revised by Law No. 159-IX of 03.10.2019}
{The Law has been supplemented with Article 34-1 under the Law No. 1666-VIII of 06.10.2016}
Article 35. Liability in the field of state registration
1. State registration entities shall be liable for violations of the legislation in the field of state registration in the manner prescribed by law.
2. Damage caused by state registration entities shall be recovered under a court judgement, which has become legally effective, in the manner established by law.
3. Founders (members) of a legal entity shall be liable for the compliance of constituent documents with the legislation, as well as for the compliance of the translation with the text of documents in cases determined by clause 1, part 1, Article 15 of this Law.
4. Persons guilty of entering knowingly false information to be entered into the United State Register into the constituent documents or other documents submitted for state registration, as well as failure to submit or untimely submission to a state registrar of the information on the ultimate beneficial owner of a legal entity or lack thereof provided for in this Law shall be liable as established by law.
{Part 4 of Article 35 as amended by Law No. 361-IX of 06.12.2019}
5. The applicant shall be liable for compliance of the copies of documents in electronic form with the originals thereof in paper form.
Section VI
FINANCIAL SUPPORT OF STATE REGISTRATION
Article 36. Fees for state registration
1. The administrative fee shall be charged for state registration in the amount of:
140 subsistence minimums for able-bodied persons – for state registration of a political party;
0.28 of the subsistence minimum for able-bodied persons – for state registration of a separate unit of a foreign non-governmental organisation, a representative office or a branch of a foreign charitable organisation;
0.14 of the subsistence minimum for able-bodied persons – for state registration of an all-Ukrainian creative union;
0.07 of the subsistence minimum for able-bodied persons – for state registration of a territorial branch of an all-Ukrainian creative union and a regional (local) creative union;
0.06 of the subsistence minimum for able-bodied persons – for state registration of the symbols of a political party, employers’ organisation, an association of employers’ organisation
{Paragraph 7, part 1 of Article 36 has been deleted under the Law No. 1666-VIII of 06.10.2016}
0,3 of the subsistence minimum for able-bodied persons – for state registration of changes in the information on a legal entity (except for public associations and charitable organisations) contained in the United State Register, except for changes in the information on the communication with a legal entity. If in accordance with part 4, Article 25 of this Law certain persons have to be sent an abstract from the United State Register, the administrative fee shall be increased by the product of 0.01 of the subsistence minimum for able-bodied persons and the number of such persons;
{Paragraph 8, part 1 of Article 36 as revised by Law No. 1666-VIII of 06.10.2016; as amended by Law No. 2275-VIII of 06.02.2018}
0.1 of the subsistence minimum for able-bodied persons – for state registration of changes in the information on a public association or a charitable organisation;
{Part 1 of Article 36 has been supplemented with a new paragraph under the Law No. 1666-VIII of 06.10.2016}
0.1 of the subsistence minimum for able-bodied persons – for state registration of changes in the information on the surname, name, patronymic or location of an individual entrepreneur;
75 per cent of the administrative fee set out in this part – for state registration under the documents submitted in electronic form.
No administrative fee shall be charged for state registration of changes in the information on trade unions, their organisations or associations.
{Paragraph 12, part 1 of Article 36 as revised by Law No. 1666-VIII of 06.10.2016}
No administrative fee shall be charged for state registration of changes in the information on a legal entity, an individual entrepreneur and a public organisation that does not have the status of a legal entity, including changes in the constituent documents related to bringing them in line with the laws.
{Paragraph of part 1 of Article 36 as revised by Law No. 1666-VIII of 06.10.2016; as amended by Law No. 2275-VIII of 06.02.2018}
The administrative fee shall not be charged for state registration of changes in the information on legal entities and their constituent documents, changes in the information on individual entrepreneurs and public organisations associated with changes in the administrative and territorial structure of Ukraine and changes in the location of a legal entity, the place of residence of an individual in connection with changes in the names (renaming) of parks, boulevards, streets, alleys, descents, lanes, avenues, squares, maidans, embankments, bridges, other settlement toponymy facilities.
{Part 1 of Article 36 has been supplemented with a new paragraph under the Law No. 1009-IX of 17.11.2020}
If laws specify a period for bringing in line with them, the administrative fee shall not be charged when making changes in the information, including changes in the constituent documents, within the period specified in these laws.
{Part 1 of Article 36 has been supplemented with a paragraph under the Law No. 2275-VIII of 06.02.2018}
{Part 1 of Article 36 as amended by Law No. 1774-VIII of 06.12.2016}
3. An administrative fee of 30 per cent of the administrative fee set out in part one of this Article shall be charged for the rectification of a technical error due to the fault of an applicant.
3. In case of refusal of state registration, the administrative fee shall not be refunded.
4. For the provision of information from the United State Register the fee shall be charged in the following amount:
0.05 of the subsistence minimum for able-bodied persons – for providing an abstract for apostille and an extract in paper form;
0.07 of the subsistence minimum for able-bodied persons – for providing a document in paper form contained in the registration file;
75 per cent of the fee established by this part for providing a relevant document in paper form – for providing an extract in electronic form and a document in electronic form contained in the registration file.
{Part 4 of Article 36 as amended by Law No. 1774-VIII of 06.12.2016}
5. The administrative fee and the fee for the provision of information from the United State Register shall be charged in the appropriate amount of the subsistence minimum for able-bodied persons established by law as of 1 January of the calendar year in which the relevant documents for registration action or a request for provision of information from the United State Register are submitted and rounded up to the nearest UAH 10.
{Part 5 of Article 36 as revised by Law No. 1774-VIII of 06.12.2016}
6. State bodies, including courts, National Police authorities, prosecution offices, agencies of the Security Service of Ukraine, as well as local governments and their officials, shall be exempt from charging the administrative fee for state registration and the fee for providing information from the United State Register through the portal of electronic services or using the United State Web Portal of Electronic Services.
{Part 6 of Article 36 as amended by Law No. 943-IX of 03.11.2020}
Article 37. Financial support of state registration
1. The administrative fee for state registration of legal entities and individual entrepreneurs shall be credited to the budget in the manner prescribed by the Budget Code of Ukraine.
2. Financial support of state registrars (except for private notaries) shall be at the expense of state and local budgets.
State registrars shall be entitled to remuneration for the conscientious fulfilment of the powers regarding state registration from the funds received for charging the administrative fees for state registration in the amount of not less than 10 per cent of the administrative fee.
The procedure for payment and the amount of remuneration for state registrars who are in labour relations with local governments, their executive authorities shall be established by the relevant local government, and for state registrars who are in labour relations with state authorities – by the Cabinet of Ministers of Ukraine.
3. The financial support of private notaries shall be carried out at the expense of 60 per cent of the administrative fee remaining in the private notaries who carried out the state registration.
4. Funding for keeping and operation of the United State Register shall be provided at the expense of the State Budget of Ukraine.
{Article 37 as amended by Law No. 159-IX of 03.10.2019}
