It is registered
Ministry of Justice of Ukraine
October 1, 2014
No. 1194/25971
of September 29, 2014 No. 1601/5
About approval of the Procedure for state registration of agreements of commercial concession (subconcession)
According to part two of Article 1118 of the Civil code of Ukraine, part two of article 367 of the Economic code of Ukraine, and for the purpose of ensuring protection of the rights of agreement parties of commercial concession (subconcession) I order to Item 3 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228,:
1. Approve the Procedure for state registration of agreements of commercial concession (subconcession) which is applied.
2. To department of interaction with authorities to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".
3. To the public registration service of Ukraine (Onishchenko A. V.) provide completion by the state company "Information and Resource Center" (Lychov A. V.) software of maintaining the Unified State Register of Legal Entities and physical persons - entrepreneurs taking into account requirements of this order.
4. This order becomes effective from the date of its official publication, except Item 1, which becomes effective in six months from the date of its official publication.
5. To impose control over the implementation of this order on the First Deputy Minister Yemelyanov I. I.
Minister
P. Petrenko
|
It is approved: Chairman of the Public registration service of Ukraine |
G. Onishchenko |
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The Acting Chairman of Public service of Ukraine concerning regulatory policy and development of entrepreneurship |
O.Yu.Potimkov |
Approved by the Order of the Ministry of Justice of Ukraine of September 29, 2014, No. 1601/5
1. This Procedure determines the procedure of state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, introduction about it record in the Unified State Register of Legal Entities and physical persons - entrepreneurs (further - the Unified state register), and also entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment which took legal effect.
2. In this Procedure terms are used in the following values:
applicant:
the user - in case of state registration of the agreement of commercial subconcession, the agreement on introduction of amendments to this agreement, agreements on its termination;
the owner - in case of state registration of the agreement of commercial concession, the agreement on introduction of amendments to this agreement, agreements on its termination;
other authorized representative;
The registration portal - the software provided in the form of the Internet page which provides forming and submission of the documents necessary for state registration of agreements of commercial concession (subconcession), agreements on introduction of amendments to these agreements and agreements on their termination.
Other terms in this Procedure are used in the values given in Civil and Economic codes of Ukraine, the Laws of Ukraine "About state registration of legal entities and physical persons - entrepreneurs", "About electronic documents and electronic document management", "About the digital signature".
3. State registration of the agreement is performed:
commercial concession - after state registration (inclusion) of the owner/user in (v) Single state register (in);
commercial subconcession - after state registration of the agreement of commercial concession in the Unified state register;
about modification and about agreement cancelation of commercial concession (subconcession) - after state registration of the agreement of commercial concession (subconcession) in the Unified state register.
4. Entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment is performed after state registration of the agreement of commercial concession (subconcession) in the Unified state register.
5. State registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination is carried out by the state registrar of legal entities and physical persons - entrepreneurs (further - the state registrar) in the Unified state register irrespective of the location/place of residence of agreement parties in the following procedure:
adoption of documents;
check of completeness of the documents submitted for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination and completeness of the data specified in the statement for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination (further - the statement) (appendices 1-3);
registration of a statement in the database of the Unified state register;
verification of the documents submitted for state registration of the agreement of commercial concession (subconcession), the contract on introduction of amendments to this agreement, agreements on its termination, for lack of the bases for refusal in carrying out state registration of the agreement provided by the Section IV of this Procedure;
entering of record into the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination or refusal in its carrying out;
issue of the statement from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination or the notification on refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination (appendix 4).
6. Number, date and time of registration of a statement in the database of the Unified state register, forming of the description of the accepted documents, entering of record into the Unified state register about refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, the agreement about its termination, entering of record into the Unified state register and issues of the statement from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination, statements from the Unified state register about entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), agreements on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment, the information about person who entered record in the Unified state register created the statement from the Unified state register, the notification on refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination are fixed automatically by software of maintaining the Unified state register.
7. Forming of the description of the accepted documents, statements from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination, statements from the Unified state register about entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment and the notification on refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination it is performed by means of software of maintaining the Unified state register.
8. Issue of the description of the accepted documents submitted by the applicant personally the mailing, the electronic document, is performed respectively personally to the applicant, the simple mailing, the electronic document.
9. Issue of results of consideration of the documents submitted for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination (statements from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination and the notification on refusal in their registration), is performed by the method specified in the statement.
10. The applicant obtains information on condition of consideration of the electronic documents, and also electronic documents sent it submitted them electronically through the Registration portal of the statement and attached to it by access to this information (these documents) on the Registration portal.
11. For carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination and issue about it statements from the Unified state register, entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment and issue about it statements from the Unified state register the payment is not levied.
12. The list of the accredited centers of certification of keys which keys of the digital signature are compatible to the Registration portal is published on the official website of Ukrgosreestr and the website of the technical administrator of the Unified state register - the state company "Information and Resource Center".
1. The application is submitted concerning each agreement of commercial concession (subconcession), agreements on introduction of amendments to this agreement and agreements on its termination separately.
2. The documents submitted for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, the agreement on its termination shall meet the following requirements:
1) the statement and the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, the agreement on its termination shall be stated in state language;
2) the text of the statement and the documents attached to it shall be written is legible (typewriting or by hand printing letters);
3) the surname, name, middle name of physical persons and their residence, and also the name of legal entities and their location shall be written completely;
4) documents shall not contain erasures or additions, the crossed-out words and other corrections which are not stipulated in them spelling and arithmetic errors, to be filled with pencil, and also to contain damages which do not allow to interpret their content unambiguously;
5) electronic documents shall be processed according to requirements of the legislation in the field of electronic documents and electronic document management, and also the digital signature;
6) the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, the agreement on its termination which are drawn up in the form of the electronic document make sure digital signatures of agreement parties. Other electronic documents make sure the digital signature of the applicant;
7) the scanned documents which are filed electronically through the Registration portal shall be suitable for perception of their content by the person and shall have:
image format: black-and-white;
permission: 150 x 150 dots per inch;
depth of color 4 bits;
format of the ready file: the compressed multipage TIFF.
Documents which contain more than one page are scanned in one file;
8) the document confirming powers to act on behalf of the foreign person, and the document confirming the owner's right to the object of intellectual property right issued by competent authority of foreign state shall be legalized (consular legalization or putting down of apostille) in the procedure established by the legislation if other is not established by international treaties;
9) in case of filing of application and the documents attached to it the mailing the signature of the applicant on the statement, copies of the document confirming registration of the foreign person as the subject of business activity in the state its location, copies of the document, confirming the owner's right to object of intellectual property right and copies of the document certifying powers of the representative make sure notarially;
10) the judgment shall be taken legal effect;
11) the document stated in foreign language shall be translated into state language with assurance of fidelity of transfer from one language into another or the signature of the translator in accordance with the established procedure;
12) if the application is submitted on behalf of the legal entity, the signature of his authorized representative is sealed.
3. The applicant provides compliance of electronic copies of originals of documents which are filed for carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination, to originals of such documents in paper form.
1. Documents for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination at the choice of the applicant are represented:
personally applicant;
the mailing with the announced value with the inventory of investment;
electronically through the Registration portal.
2. For state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, the agreement on its termination the following documents are submitted:
1) agreements of commercial concession:
the statement according to appendix 1 to this Procedure;
agreement of commercial concession;
the copy of the document confirming registration of the foreign person as the subject of business activity in the state of its location (the statement from the trade, bank, judicial register), - if one of agreement parties is registered as the subject of business activity in foreign state;
the copy of the document confirming the owner's right to object of intellectual property right;
the copy of the document confirming powers of the representative - in case of submission of documents by the authorized representative;
2) agreements of commercial subconcession:
the statement according to appendix 1 to this Procedure;
agreement of commercial subconcession;
the document (the agreement, the decision, the protocol, the letter, etc.) confirming approval by the owner of conditions of provision by the user to the subuser of right to use with the complex of the rights provided to it by the owner or their part - if such conditions are not defined by the agreement of commercial concession;
the copy of the document confirming registration of the foreign person as the subject of business activity in the state of its location (the statement from the trade, bank, judicial register), - if one of agreement parties is registered as the subject of business activity in foreign state;
the copy of the document confirming powers of the representative - in case of submission of documents by the authorized representative;
3) agreement on introduction of amendments to the agreement of commercial concession (subconcession):
the statement according to appendix 2 to this Procedure;
agreement on introduction of amendments to the agreement of commercial concession (subconcession);
the copy of the document confirming powers of the representative - in case of submission of documents by the authorized representative;
4) agreements on agreement cancelation of commercial concession (subconcession):
the statement according to appendix 3 to this Procedure;
agreement on agreement cancelation of commercial concession (subconcession);
the copy of the document confirming powers of the representative - in case of submission of documents by the authorized representative.
3. The applicant during personal submission of documents shows:
the document proving his identity;
the document confirming registration of the foreign person as the subject of business activity in the state of its location (the statement from the trade, bank, judicial register), - if one of agreement parties of commercial concession (subconcession) is registered as the subject of business activity in foreign state;
the document confirming powers of the representative - in case of submission of documents by the authorized representative;
the document confirming the owner's right to object of intellectual property right - in case of registration of the agreement of commercial concession.
The identity document, the passport of the citizen of Ukraine, the residence permit of person living in Ukraine, the national, diplomatic or service passport of the foreigner or the document which replaces it is.
4. On paper copies of the documents submitted for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination the mark "it agrees with the original" with indication of date and the signature of the state registrar is put down.
5. The state registrar checks availability of electronic documents for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination by means of software of maintaining the Unified state register at least two times a day (in the first and second half of the working day).
6. During opening of electronic documents by the state registrar for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination to the applicant the notification on confirmation of the fact of receipt of electronic documents by the state registrar electronically automatically goes.
7. The statement is registered in the database of the Unified state register.
8. The following information is entered in the Unified state register in day of receipt of the statement:
date and number of registration of a statement;
surname, name and middle name (in the presence), the residence and contact telephone number of person who submitted the application;
method of receipt of the statement (personally, mailing, electronic document);
method of receipt of results of consideration of the documents submitted for state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination (personally, the mailing, the electronic document).
9. During registration of a statement the state registrar creates the description of the accepted documents in duplicate.
One copy of the inventory of the accepted documents the state registrar attaches to documents, served the applicant, and the second copy issues (directs the simple mailing, the electronic document) to the applicant.
1. The state registrar refuses carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination if:
1) documents do not conform to the requirements established by the Section II of this Procedure;
2) documents are filed not in full;
3) documents are filed by person which does not have on it power;
4) the Unified state register does not contain information on state registration of the owner quality of the legal entity or physical person - the entrepreneur or contains information on state registration of its termination - if the owner is subject to registration for the territories of Ukraine as the legal entity or the physical person - the entrepreneur;
5) the Unified state register does not contain information on state registration of the user as the legal entity or the physical person - the entrepreneur or contains information on state registration of its termination - if the user is subject to registration for the territories of Ukraine as the legal entity or the physical person - the entrepreneur;
6) the agreement of commercial concession is not registered in the Unified state register - in case of state registration of the agreement on introduction of amendments to the agreement of commercial concession and state registration of the agreement on agreement cancelation of commercial concession;
7) the agreement of commercial subconcession is not registered in the Unified state register - in case of state registration of the agreement on introduction of amendments to the agreement of commercial subconcession and state registration of the agreement on agreement cancelation of commercial subconcession;
8) the agreement of commercial concession does not provide possibility of the conclusion of the agreement of commercial subconcession - in case of state registration of the agreement of commercial subconcession;
9) the Unified state register contains information on state registration of agreement cancelation of commercial concession, cancellation/recognition of invalid state registration of the agreement of commercial concession, cancellation/recognition invalid agreements of commercial concession or agreement cancelation of commercial concession based on the judgment - in case of state registration of the agreement on introduction of amendments to the agreement of commercial concession, agreements on agreement cancelation of commercial concession;
10) the Unified state register contains information on state registration of agreement cancelation of commercial subconcession, cancellation/recognition of invalid state registration of the agreement of commercial subconcession, cancellation/recognition invalid agreements of commercial subconcession or agreement cancelation of commercial subconcession based on the judgment - in case of state registration of the agreement on introduction of amendments to the agreement of commercial subconcession, agreements on agreement cancelation of commercial subconcession.
2. In the presence of the bases for refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination the state registrar no later than five working days from receipt date of documents:
enters in the Unified state register record about refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination;
issues (directs the simple mailing, the electronic document) to the applicant the notification on refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination according to appendix 4 to this Procedure with indication of the bases for refusal and documents which were filed for its state registration according to the description.
3. Record about refusal contains the following data in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination:
number, date and time of record;
basis for refusal;
surname, name and middle name (in the presence), position of person who entered record in the Unified state register.
4. The notification on refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination is signed by the state registrar and sealed.
1. In the absence of the bases for refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination the state registrar no later than five working days from receipt date of documents:
enters in the Unified state register record about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination and attaches to it the electronic copy of the agreement. In case of submission of documents in paper form the electronic copy of the agreement is made by scanning;
issues to the applicant the statement from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination.
2. About state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination are entered in the Unified state register the following data:
1) about state registration of the agreement of commercial concession (subconcession):
number, date and time of record about state registration of the agreement;
date of the conclusion and number (in the presence) agreements;
agreement parties of commercial concession (subconcession):
for the legal entities registered in Ukraine - full name of the legal entity, the country of residence, the location and identification code;
for the legal entities registered in foreign state - full name, the country of residence, the location;
for physical persons - the entrepreneurs registered in Ukraine - surname, name and middle name (in the presence), the country of nationality, the residence and registration number of accounting card of the taxpayer or series and passport number (for physical persons which on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it relevant organ of the income and charges and have mark in the passport about the right to make payments on series and passport number);
for physical persons - the subjects of business activity registered in foreign state - surname, name and middle name (in the presence), the country of nationality, the permanent residence in the territory of Ukraine or beyond its limits, registration number of accounting card of the taxpayer or series and passport number (the document which replaces it);
subject of the agreement of commercial concession (subconcession);
effective period of the document confirming the owner's right to object of intellectual property right;
duration of the agreement of commercial concession (subconcession);
territory of use of the subject of the agreement of commercial concession (subconcession) of rather certain sphere of civil circulation (business activity) (in the presence);
mark about the right of the user to sign the agreement of subconcession under which it grants to the subuser right to use the complex of the rights provided to it by the owner or part of complex of the rights on the conditions approved with the owner or defined by the agreement of commercial concession;
the mark about obligation of the owner not to grant to other persons similar complexes of the rights for their use in the territory assigned to the user or to abstain from own similar activities in this territory;
the mark about obligation of the user not to compete with the owner in the territory to which validity, on business activity which is performed by the user with use of the rights provided by the owner extends;
the mark about obligation of the user not to acquire the similar rights from competitors (potential competitors) of the owner;
the mark about obligation of the user to approve with the owner the location of the rooms for sales of goods (performance of works, rendering services) provided by the agreement and also their interior and external design;
the electronic copy of the agreement - in case of submission of documents in paper form or the agreement in the form of the electronic document - in case of submission of documents electronically;
surname, name and middle name (in the presence), the residence and contact telephone number of person who filed documents for state registration of the agreement;
surname, name and middle name (in the presence), position of person who entered record in the Unified state register;
2) about state registration of the agreement on introduction of amendments to the agreement of commercial concession (subconcession):
number, date and time of record about state registration of the agreement;
date of the conclusion and number (in the presence) agreements;
changes of the data containing in the Unified state register under the agreement of commercial concession (subconcession);
the electronic copy of the agreement - in case of submission of documents in paper form or the agreement in the form of the electronic document - in case of submission of documents electronically;
surname, name and middle name (in the presence), the residence and contact telephone number of person who filed documents for state registration of the agreement;
surname, name and middle name (in the presence), position of person who entered record in the Unified state register;
3) about state registration of the agreement on agreement cancelation of commercial concession (subconcession):
number, date and time of record about state registration of the agreement;
date of the conclusion and number (in the presence) agreements;
the electronic copy of the agreement - in case of submission of documents in paper form or the agreement in the form of the electronic document - in case of submission of documents electronically;
surname, name and middle name (in the presence), the residence and contact telephone number of person who filed documents for state registration of the agreement;
surname, name and middle name (in the presence), position of person who entered record in the Unified state register.
3. Date of state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination are considered date and time of entering of the corresponding record into the Unified state register.
4. In the statement from the Unified state register about state registration of the agreement of commercial concession (subconcession) are specified:
1) data on entering of record into the Unified state register:
number, date and time of record about state registration of the agreement;
date of the conclusion and number (in the presence) agreements;
agreement parties of commercial concession (subconcession):
for the legal entities registered in Ukraine - full name of the legal entity, the country of residence, the location and identification code;
for the legal entities registered in foreign state - full name, the country of residence, the location;
for physical persons - the entrepreneurs registered in Ukraine - surname, name and middle name (in the presence), the country of nationality, the residence and registration number of accounting card of the taxpayer or series and passport number (for physical persons which on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it relevant organ of the income and charges and have mark in the passport about the right to make payments on series and passport number);
for physical persons - the subjects of business activity registered in foreign state - surname, name and middle name (in the presence), the country of nationality, the permanent residence in the territory of Ukraine or beyond its limits, registration number of accounting card of the taxpayer or series and passport number (the document which replaces it);
subject of the agreement of commercial concession (subconcession);
effective period of the document confirming the owner's right to object of intellectual property right;
duration of the agreement of commercial concession (subconcession);
territory of use of the subject of the agreement of commercial concession (subconcession) of rather certain sphere of civil circulation (business activity) (in the presence);
mark about the right of the user to permit other persons to use the complex of the rights provided to it or part of this complex of the rights on the terms of commercial subconcession approved by it with the owner or determined in the agreement of commercial concession;
the mark about obligation of the owner not to grant to other persons similar complexes of the rights for their use in the territory assigned to the user or to abstain from own similar activities in this territory;
the mark about obligation of the user not to compete with the owner in the territory to which validity, on business activity which is performed by the user with use of the rights provided by the owner extends;
the mark about obligation of the user not to acquire the similar rights from competitors (potential competitors) of the owner;
the mark about obligation of the user to approve with the owner the location of the rooms for sales of goods (performance of works, rendering services) provided by the agreement and also their interior and external design;
2) number, date and time of forming of the statement;
3) surname, name and middle name (in the presence), position of person which created the statement.
5. In the statement from the Unified state register about state registration of the agreement on introduction of amendments to the agreement of commercial concession (subconcession) are specified:
1) data on entering of record into the Unified state register:
number, date and time of record about state registration of the agreement;
date of the conclusion and number (in the presence) agreements;
changes of the data containing in the Unified state register under the agreement of commercial concession (subconcession);
2) number, date and time of forming of the statement;
3) surname, name and middle name (in the presence), position of person which created the statement.
6. In the statement from the Unified state register about state registration of the agreement on agreement cancelation of commercial concession (subconcession) are specified:
1) data on entering of record into the Unified state register:
number, date and time of record about state registration of the agreement;
date of the conclusion of the agreement;
2) number, date and time of forming of the statement;
3) surname, name and middle name (in the presence), position of person which created the statement.
7. The statement from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination is signed by the state registrar and sealed.
8. In case of identification by the agreement party of commercial concession (subconcession) or the representative in the statement authorized by it from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination of the mistake made by the state registrar, the agreement party of commercial concession (subconcession) or the representative authorized by it in writing in five-day time reports about it to the state registrar which checks compliance of data in the Unified state register of information provided in the submitted application. If the fact of discrepancy is confirmed, the state registrar corrects the made mistake no later than the next working day from the date of receipt of the notification and issues the updated statement from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination.
1. The state registrar enters in the Unified state register record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment which took legal effect.
2. Record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment contains the following data:
number, date and time of record;
changes of the data containing in the Unified state register under the agreement of commercial concession (subconcession) - in case of entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement on introduction of amendments to the agreement of commercial concession (subconcession), cancellation/recognition invalid agreements on introduction of amendments to the agreement of commercial concession (subconcession) based on the judgment;
record introduction basis: name of the document; date of issue of the document; document number; by whom it is issued the document (is processed);
electronic copy of the judgment;
surname, name and middle name (in the presence), position of person who entered record in the Unified state register.
3. In the statement from the Unified state register about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment are specified:
1) data on entering of record into the Unified state register:
date, time and number of record about cancellation of state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination based on the judgment;
record introduction basis;
changes of the data containing in the Unified state register under the agreement of commercial concession (subconcession) - in case of entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement on introduction of amendments to the agreement of commercial concession (subconcession), cancellation/recognition invalid agreements on introduction of amendments to the agreement of commercial concession (subconcession) based on the judgment;
2) number, date and time of forming of the statement;
3) surname, name and middle name (in the presence), position of person which created the statement.
4. The statement from the Unified state register about entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment is signed by the state registrar, sealed and taken to court, decided the judgment.
1. The information access about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination is provided through the Registration portal by search and viewing of information on state registration of the agreement of commercial concession (subconcession), the agreement on modification to this agreement, agreements on its termination.
2. Information search on the Registration portal is performed by the following criteria:
according to the name of the legal entity - agreement parties or its identification code;
by last name, name, middle name (in the presence) the physical person which is the subject of business activity - agreement parties or registration number of accounting card of the taxpayer (to series and passport number (the document which replaces it) - for physical persons which on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it relevant organ of taxes and fees and have mark in the passport about the right to make payments on series and passport number, or series and passport number (the document which replaces it) - for physical persons - the subjects of business activity registered in foreign state).
3. Such data on state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination created by criteria of search, the stipulated in Item 2 presents of the Section are reflected in the Registration portal:
1) about state registration of the agreement of commercial concession (subconcession):
number and date of record about state registration of the agreement;
date of the conclusion and number (in the presence) agreements;
agreement parties of commercial concession (subconcession):
for the legal entities registered in Ukraine - full name of the legal entity, the country of residence, the location and identification code;
for the legal entities registered in foreign state - full name, the country of residence, the location;
for the physical persons which are subjects of business activity - surname, name and middle name (in the presence), the country of nationality;
subject of the agreement of commercial concession (subconcession);
effective period of the document confirming the owner's right to object of intellectual property right;
duration of the agreement of commercial concession (subconcession);
territory of use of the subject of the agreement of commercial concession (subconcession) of rather certain sphere of civil circulation (business activity) (in the presence);
mark about the right of the user to permit other persons to use the complex of the rights provided to it or part of this complex of the rights on the terms of commercial subconcession approved by it with the owner or determined in the agreement of commercial concession;
the mark about obligation of the owner not to grant to other persons similar complexes of the rights for their use in the territory assigned to the user or to abstain from own similar activities in this territory;
the mark about obligation of the user not to compete with the owner in the territory to which validity, on business activity which is performed by the user with use of the rights provided by the owner extends;
the mark about obligation of the user not to acquire the similar rights from competitors (potential competitors) of the owner;
the mark about obligation of the user to approve with the owner the location of the rooms for sales of goods (performance of works, rendering services) provided by the agreement and also their interior and external design;
2) about state registration of the agreement on agreement cancelation of commercial concession (subconcession):
number and date of record about state registration of the agreement;
date of the conclusion and number (in the presence) agreements;
3) date of entering into the Unified state register of record about cancellation/recognition of invalid state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, cancellation/recognition invalid agreements of commercial concession (subconcession), the agreement on introduction of amendments to this agreement and agreements on its termination, agreement cancelation of commercial concession (subconcession) based on the judgment;
4) mark about stay of agreement parties in the course of the termination of the legal entity and business activity of the physical person - the entrepreneur, in production process on the case of bankruptcy, sanitation (according to the Unified state register);
5) number and date of entry in the Unified state register about state registration of the termination of the legal entity and business activity of the physical person - the entrepreneur, the basis for its introduction.
1. Public authorities in connection with implementation of the powers determined by the law by them receive data on state registration of agreements by their search and viewing on the Registration portal according to the Section VII of this Procedure or in the form of the statement.
2. The request about provision of the statement from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination (with indication of the bases for its provision and criteria by which it is necessary to perform search of data according to Item 2 of the Section VII of the Procedure) moves on the official form of relevant organ of the government signed by the head or person fulfilling its duties, or faces of the representative to act on behalf of public authority.
3. The statement from the Unified state register about state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination is signed by the state registrar and sealed.
The deputy director of Department of interaction with authorities
S. V. Martynenko
to the Procedure for state registration of agreements of commercial concession (subconcession) (Item 5 of the Section I)
Statement for state registration of the agreement of commercial concession (subconcession)
See Appendix 1 (26Kb In original language)
to the Procedure for state registration of agreements of commercial concession (subconcession) (Item 5 of the Section I)
Statement for state registration of the agreement on introduction of amendments to the agreement of commercial concession (subconcession)
See Appendix 2 (30Kb In original language)
to the Procedure for state registration of agreements of commercial concession (subconcession) (Item 5 of the Section I)
Statement for state registration of the agreement on agreement cancelation of commercial concession (subconcession)
See Appendix 3 (16Kb In original language)
to the Procedure for state registration of agreements of commercial concession (subconcession) (Item 5 of the Section I)
The message on refusal in carrying out state registration of the agreement of commercial concession (subconcession), the agreement on introduction of amendments to this agreement, agreements on its termination
See Appendix 4 (4Kb In original language)
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The document ceased to be valid since June 26, 2015 according to Item 1 of the Order of the Ministry of Justice of Ukraine of June 4, 2015 No. 842/5