ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 10, 2012 No. 238/5

About approval of the Procedure for storage and transfer of registration cases of legal entities and physical persons - entrepreneurs

According to article 15 of the Law of Ukraine "About state registration of legal entities and physical persons - entrepreneurs", the Regulations on the Ministry of Justice of Ukraine approved by the Presidential decree of Ukraine of 06.04.2011 No. 395, I ORDER:

1. Approve the Procedure for storage and transfer of registration cases of legal entities and physical persons - entrepreneurs which is applied.

2. Determine that reduction of registration cases of legal entities and physical persons - entrepreneurs in compliance with Procedure for storage and transfer of registration cases of legal entities and physical persons - entrepreneurs, the approved this order, is performed in such terms from the date of entry into force of this order:

within five years - in executive committees of city councils of the cities of regional value, in district public administrations in the city of Kiev;

within three years - in district, district public administrations in the city of Sevastopol.

3. To provide to the state company "Information and Resource Center" (S.M.'s Blacksmith) reduction of software of maintaining the Unified State Register of Legal Entities and physical persons - entrepreneurs in compliance with Item 6.7 of the Section VI and Item 8.4 of the Section VIII of the Procedure for storage and transfer of registration cases of legal entities and physical persons - entrepreneurs, approved by this order, within thirty days from the date of entry into force of this order.

4. (Zerkal O. V.) to submit to department of interaction with authorities this order on state registration according to the Presidential decree of Ukraine of 03.10.92 No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. To the public registration service of Ukraine (Efimenko L. V.) bring this order to permission of structural divisions of the territorial authorities of the Ministry of Justice of Ukraine providing realization of powers of the Public registration service of Ukraine.

6. To the structural divisions of territorial authorities of the Ministry of Justice of Ukraine providing realization of powers of the Public registration service of Ukraine to bring this order to permission of chairmen of executive committees of city councils of the cities of regional value, district, district public administrations in the cities of Kiev and Sevastopol.

7. This order becomes effective from the date of its official publication, except Items 1, 2 presents of the order which become effective in thirty days from the date of entry into force of this order.

8. To impose control over the implementation of this order on the director of the department of interaction with authorities Zerkal O. V.

Approved by the Order of the Ministry of Justice of Ukraine of February 10, 2012, No. 238/5

Procedure for storage and transfer of registration cases of legal entities and physical persons - entrepreneurs

I. General provisions

1.1. This Procedure establishes the main requirements to forming, maintaining, storage, transfer, transfer and destruction of registration cases of legal entities and physical persons, - entrepreneurs.

1.2. In this Procedure terms are used in the value given in the Law of Ukraine "About state registration of legal entities and physical litspredprinimatel", Rules of work of archive divisions of the public authorities, local self-government, the companies, organizations and organizations approved by the order of the State committee of archives of Ukraine of 16.03.2001 No. 16, registered in the Ministry of Justice of Ukraine 08.05.2001 for No. 407/5598 (with changes) (further - Rules).

ІІ. Stores organization of registration cases of legal entities and physical persons - entrepreneurs

2.1. The stores organization of registration cases of legal entities and physical persons - entrepreneurs (further - registration case) is performed by the head of the body performing state registration of legal entities and physical persons - entrepreneurs.

2.2. Forming, maintaining and ensuring storage of registration cases (except registration cases of the legal entities registered according to part four of article 3 of the Law of Ukraine "About state registration of legal entities and physical persons - entrepreneurs"), are performed by the state registrar of legal entities and physical persons - entrepreneurs (further - the state registrar).

If the number of the state registrars in the body performing state registration of legal entities and physical persons - entrepreneurs, makes three and more persons, storage of registration cases provides the corresponding official of structural division (department, management) such body which is created for organizational and material logistics of work of the state registrars.

2.3. The state registrar which creates conducts and provides storage of registration cases (except registration cases of the legal entities registered according to part four of article 3 of the Law of Ukraine "About state registration of legal entities and physical persons - entrepreneurs"), and/or the official of the relevant structural division (department, management) the body performing state registration of legal entities and physical persons - entrepreneurs which provides storage of registration cases, keep their account and exercise control of amount and movement in accounting units.

2.4. In structural divisions of the bodies performing state registration of legal entities and physical persons - entrepreneurs in whom the official responsible for storage of registration cases (the state registrar or other official) is not designated responsibility is born by the head of the relevant structural division.

2.5. In case of dismissal, transfer of person responsible for storage of registration cases, the registration cases are submitted under the delivery-acceptance certificate to other official who is appointed the head of the body performing state registration of legal entities and physical litspredprinimatel as responsible for their storage.

ІІІ. Requirements to forming and conducting registration cases

3.1. The state registrar after entering into the Unified State Register of Legal Entities and physical persons - entrepreneurs (further - the Unified state register) records about carrying out state registration of the legal entity or the physical person - the entrepreneur shall create registration case.

3.2. Registration case is created and conducted by the state registrar concerning each legal entity or the physical person - the entrepreneur separately.

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