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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, MINISTRY OF DIGITAL TRANSFORMATION OF UKRAINE

of July 14, 2022 No. 2933/5/66

About approval of the Procedure for provision of electronic public services in the field of state registration of legal entities and physical persons entrepreneurs in the automatic mode

According to article 14 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming", "About features of provision public (electronic public) services" we ORDER to the Law of Ukraine:

1. Approve the Procedure for provision of electronic public services in the field of state registration of legal entities and physical persons entrepreneurs in the automatic mode which is applied.

2. To technical administrators of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming and the Single state web portal of electronic services to take the adequate measures necessary for introduction of provision of electronic public services in the field of state registration of legal entities and physical persons entrepreneurs in the automatic mode without participation of the state registrar.

3. To department of private law of the Ministry of Justice of Ukraine (Ferens E.) submit this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

4. This order becomes effective from the date of, its official publication following behind day.

5. To impose control of execution of this order on deputy ministers according to distribution of obligations.

Approved by the Order of the Ministry of Justice of Ukraine, the Ministry of digital transformation of Ukraine of July 14, 2022, No. 2933/5/66

Procedure for provision of electronic public services in the field of state registration of legal entities and physical persons entrepreneurs in the automatic mode

1. This Procedure determines procedure for granting of electronic public services in the field of state registration of legal entities and physical persons - entrepreneurs in the automatic mode without participation of the state registrar of legal entities, physical persons - entrepreneurs and public forming (further - the state registrar) in real time by means of the software of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register) based on documents of the subjects of the address filed electronically by means of the Single state web portal of electronic services (further - the Action Portal).

2. In this Procedure terms are used in the values given in the Laws of Ukraine "About state registration of legal entities, physical persons - entrepreneurs and public forming" (further - the Law), "About the Unified state demographic register and documents which confirm citizenship of Ukraine, prove the identity or her special status", "About electronic documents and electronic document management", "About electronic are confidential services", "About features of provision public (electronic public) services" and other regulatory legal acts governing the relations in the field of action of this Procedure.

3. Without participation of the state registrar, in the automatic mode the following registration actions can be carried out:

state registration of physical person by the entrepreneur;

state registration of changes in the information about physical person entrepreneur containing in the Unified state register (except changes in registration number of accounting card of the taxpayer, passport details of the citizen of Ukraine);

state registration of the termination of business activity of physical person entrepreneur according to its decision;

state registration of creation of limited liability company which acts on the basis of the model charter which founders and final beneficial owners are citizens of Ukraine to whom registration number of accounting card of the taxpayer and unique number of entry in the Unified state demographic register is assigned.

4. Can be the applicant:

in case of submission of documents for state registration of physical person by the entrepreneur - the citizen of Ukraine who reached eighteen-year age to which registration number of accounting card of the taxpayer who is not physical person entrepreneur according to data of the Unified state register and intends to perform business activity, and also person who acquired the status of electronic resident is assigned;

in case of submission of documents for state registration of changes in the information about physical person entrepreneur containing in the Unified state register and for state registration of the termination of business activity of physical person entrepreneur according to its decision - the citizen of Ukraine who is physical person entrepreneur according to data of the Unified state register, and also person who acquired the status of electronic resident;

in case of submission of documents for state registration of creation of limited liability company based on the model charter - the founder of the legal entity who is citizen of Ukraine to whom registration number of accounting card of the taxpayer and unique number of entry in the Unified state demographic register is assigned.

5. The statement is created by the applicant means of the Action Portal after passing of identification and authentication with use of the integrated system of electronic identification, the digital signature based on the qualified digital signature certificate and/or other means of identification which allow to identify the applicant's personality unambiguously.

6. The statement is created in any form suitable for perception of its content, according to the forms of statements in the field of state registration of legal entities and physical persons entrepreneurs approved by the order of the Ministry of Justice of Ukraine of November 18, 2016 No. 3268/5, registered in the Ministry of Justice of Ukraine on November 18, 2016 for No. 1500/29630.

Means of the Action Portal provide forming of digital code of the model charter, on the basis of the who is acted by the legal entity, on the algorithm determined according to the legislation.

7. Collection of administrative collection for state registration is performed by the applicant means of the Action Portal according to requirements of the Law.

8. Forming of the statement is terminated by means the Portal if the data specified in the statement:

are provided not in full;

do not conform to requirements of arithmetic and formatologichesky control;

do not correspond to the data received by means of the Action Portal on information and communication systems which holders are relevant organs of the government or local government bodies;

payment of administrative collection in the cases established by the Law is not performed.

9. Responsibility for reliability of the data specified in the statement and the documents attached to it, the applicant bears.

10. After forming of the statement and documents (in the cases provided by the Law) the document package is blocked by means of the Action Portal and application of the digital signature based on the qualified digital signature certificate of the applicant and founders (in the presence) for editing and transferred to the Unified state register for state registration.

The qualified electronic seal of the technical administrator of the Action Portal is set to the data transferred to the Unified state register.

11. The software of the Unified state register performs:

state registration in the automatic mode without participation of the state registrar by entering of the corresponding record into the Unified state register;

generation in the automatic mode of code of access to results of provision of electronic public service in state registration with subsequent its departure in the Action Portal for ensuring the corresponding access for the applicant.

12. On result of the carried-out state registration and after obtaining according to the procedure of information exchange between the Unified state register and information systems of Public service of statistics of Ukraine and the State Tax Administration of Ukraine of the corresponding data means of the Unified state register in the automatic mode create the statement from it in which it is specified that state registration is carried out by the software of the Unified state register.

13. The registration action in the Unified state register which is carried out in the automatic mode is considered action of the technical administrator of the Unified state register and can be appealed in court or in the Ministry of Justice of Ukraine according to the procedure, the stipulated in Article 34 Laws, including in case of detection in data of the Unified state register of the mistake connected with incorrect transfer of data in it from the submitted application.

14. Information exchange between the Unified state register and the Action Portal is performed with use of information systems of subjects of the information relations means of system of electronic interaction of the state electronic information resources or other information and communication systems using in them the corresponding complex systems of information security with the confirmed compliance by results of state examination according to the procedure, established by the legislation.

The list of data, structure and format of information files which are transferred and accepted according to the procedure of information exchange are determined by subjects of information relations which the Ministry of Justice of Ukraine and the Ministry of digital transformation of Ukraine are, and drawn up by separate agreements or protocols on information exchange.

Information exchange between subjects of information relations and other information and communication systems which holders are relevant organs of the government or local government bodies is performed according to the procedure, established by the legislation.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info