LETTER OF THE PUBLIC REGISTRATION SERVICE OF UKRAINE

of January 28, 2013 No. 85-7-12-13

Concerning the name of legal entities

The public registration service of Ukraine provides explanations concerning carrying out state registration of the legal entities formed in form of business "the state organization (organization, institution)".

By Article 81 of the Civil code of Ukraine (further - GKU) it is determined that legal entities, depending on procedure for their creation, are divided into legal entities of private law and legal entities of the public law.

The legal entity of the public law is created by the ordering act of the President of Ukraine, public authority, authority of the Autonomous Republic of Crimea or local government body.

According to the State qualifier "Classification of Forms of Business of Managing" approved by the order of the State committee of Ukraine concerning technical regulation and consumer policy of 28.05.2004 No. 97 (with changes), the state organization (organization, institution) is formed by competent authority of the government in the ordering procedure based on the isolated part of state-owned property, as a rule, without its separation into shares, and falls within the scope of its management.

According to part four of article 87 GKU the legal entity is considered created from the date of its state registration.

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 27 of the Law on registration the basis for refusal in carrying out state registration of the legal entity is, in particular, violation of procedure for creation of the legal entity.

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