of February 1, 2013 No. 105-7-12-13
To the state registrars
Concerning the name of legal entities
In the Public registration service of Ukraine letters in which it is specified about cases of state registration of legal entities of private law with use in their name of names of public authorities or derivative of these names arrive.
Considering stated above the Public registration service of Ukraine notes.
According to Article 90 of the Civil code of Ukraine legal (further - GKU) person has the name which contains information on its form of business. The name of the legal entity is specified in its constituent documents and is introduced in the Unified State Register of Legal Entities and physical persons - entrepreneurs.
Requirements concerning writing of the name of the legal entity or his separate division are approved by the order of the Ministry of Justice of Ukraine of 05.03.2012 No. 368/5, registered in the Ministry of Justice of Ukraine 05.03.2012 for No. 367/20680 (dalshetrebovaniye).
Item 1.7 of Requirements provides that in the name of legal entities of private law use of full or abbreviated names of public authorities or local government bodies, or derivative of these names is forbidden.
The legal entity is considered created from the date of its state registration (the p. 4 of Art. 87 of GKU).
State registration of legal entities is carried out according to requirements of Articles 24 - 27 Laws of Ukraine "About state registration of legal entities and physical litspredprinimatel" (further - the Law on registration).
According to article 4 of the Law on registration the procedure for carrying out state registration of legal entities and physical litspredprinimatel includes, in particular, verification of documents which are filed to the state registrar, on lack of the bases for refusal in carrying out state registration.
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