LAW OF UKRAINE

of November 26, 2015 No. 835-VIII

About introduction of amendments to the Law of Ukraine "About state registration of legal entities and physical persons entrepreneurs" and some other legal acts of Ukraine on decentralization of powers on state registration of legal entities, physical persons entrepreneurs and public forming

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. "About state registration of legal entities and physical persons entrepreneurs" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 31-32, of Art. 263 with subsequent changes) to state the law of Ukraine in the following edition:

"Law of Ukraine

About state registration of legal entities, physical persons entrepreneurs and public forming

This Law governs the relations arising in the field of state registration of legal entities, their symbolics (in the cases provided by the law), the public forming which do not have the status of the legal entity and physical persons entrepreneurs.

Section I General provisions

Article 1. Determination of terms

1. In this Law the following basic concepts are used:

1) the extract from the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming (further - the statement) - the document electronically which is created and updated by results of carrying out registration actions and contains the information about the legal entity or his separate division, physical person entrepreneur (including about registration in bodies of the state statistics and the public fiscal service, licensing and documents of allowing nature) or public forming which has no status of the legal entity;

2) the extract from the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming (further - extraction) - the document in paper or electronic form created by the software of the Unified State Register of Legal Entities of physical persons entrepreneurs and public forming by the criteria of search specified by the applicant also contains data from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming which are urgent for date and time of forming of the statement or for date and time specified in request or information on lack of such data in this register

3) public forming - political parties, structural formations of political parties, public associations, local cells of public association with the status of the legal entity, labor unions, their associations, the organizations of labor union provided by the charter labor unions and their associations, the creative unions, local cells of the creative unions, permanent reference tribunals, the organizations of employers, their consolidation, separate divisions of foreign non-governmental organizations, representations, branches of foreign charitable organizations;

4) state registration of legal entities, the public forming which do not have the status of the legal entity and physical persons entrepreneurs (further - state registration) - official recognition by the certificate the state of the fact of creation or termination of the legal entity, public forming which has no status of the legal entity, the certificate of the fact of availability of the corresponding status of public association, labor union, its organization or consolidation, political party, the organization of employers, associations of the organizations of employers and their symbolics, certification of the fact of acquisition or deprivation of the status of the entrepreneur by physical person, changes of data which contain in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming, about the legal entity and physical person entrepreneur, and also carrying out other registration actions, provided by this Law;

5) the state registrar of legal entities, physical persons entrepreneurs and public forming (further - the state registrar) - the face consisting in employment relationships with the subject of state registration, the notary;

6) the holder of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the holder of the Unified state register) - the Ministry of Justice of Ukraine which takes the organizational measures connected with ensuring functioning of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming;

7) the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register) - the single state information system providing collection, accumulating, processing, protection, accounting and provision of information on the legal entities, physical persons entrepreneurs and public forming which do not have the status of the legal entity;

8) applicant:

the founder (founders) or person authorized by them - in case of submission of documents for state registration of creation of the legal entity, public forming which has no status of the legal entity;

the head of state body, local government body or person authorized by it - in case of submission of documents for state registration of creation of state body, local government body;

the commission chairman on the termination or person authorized by it - in case of submission of documents for state registration of the termination of the legal entity;

the authorized representative of the legal entity, public forming which has no status of the legal entity, - in case of submission of documents for carrying out other registration actions concerning the legal entity, public forming which has no status of the legal entity;

Fund of guaranteeing household deposits - in case of submission of documents for state registration of the decision on the termination of bank in connection with decision making about withdrawal of the banking license and liquidation of bank;

The Ministry of Justice of Ukraine and its territorial authorities - in case of submission of documents for state registration of the decision on the termination of political party, its structural education in connection with adoption by court of the decision on cancellation of registration or you will lock activities of political party;

The Ministry of Justice of Ukraine - in case of submission of documents for state registration of the termination of separate division of foreign non-governmental organization, representation, branch of foreign charitable organization;

the physical person having intention to become the entrepreneur, or person authorized by it - in case of submission of documents for state registration of physical person by the entrepreneur;

physical person entrepreneur or person authorized by it - in case of submission of documents for carrying out other registration actions concerning the physical person - the entrepreneur;

state body, relatives (the husband, the wife, parents, children, grandsons, the grandfather, the grandmother, brothers, sisters) and heirs of physical person entrepreneur - in case of submission of documents for state registration of the termination of business activity of physical person entrepreneur in connection with his death, recognition it is unknown absent or the announcement the dead;

9) code of access to results of provision of administrative services in the field of state registration (further - identification number) - the unique digital sequence quantity from 6 to 12 symbols generated in the automatic mode is also used for access to results of consideration of documents through the portal of electronic services of legal entities, physical persons entrepreneurs and public forming (further - the portal of electronic services);

10) personal office of the legal entity, other organization and physical person entrepreneur (further - personal office) - the personal page on the Internet of the legal entity, physical person entrepreneur and public forming which has no status of the legal entity, on the portal of electronic services, intended for submission of documents electronically for carrying out registration actions, non-paid access for the legal entities, physical persons entrepreneurs and public forming which do not have the status of the legal entity to data on results of consideration of these documents, documents containing in registration case of such persons electronically, and the information about these persons which is urgent at the time of request or for certain date;

11) the portal of electronic services - the website organized as system multi-level consolidation of different resources and services for providing the maximum information access and to services in the field of state registration, licensing and authorization system in the field of economic activity;

12) the principle of acquiescence in the field of state registration (further - the principle of acquiescence) - the principle according to which the state registrar acquires the right to carrying out state registration and other registration actions without obtaining from state bodies according to the procedure and the cases determined by this Law, the relevant documents (except judgments and executive documents) or the data provided that the relevant state bodies did not send to the time established by this Law to the state registrar such documents or data;

13) registration case - set of documents in paper and/or electronic form which moved for carrying out registration actions;

14) subject of state registration:

The Ministry of Justice of Ukraine - in case of state registration of political parties, All-Ukrainian labor unions, their associations, the All-Ukrainian Unions of the organizations of employers; separate divisions of foreign non-governmental organizations, representations, branches of foreign charitable organizations, permanent reference tribunals which founders are All-Ukrainian public organizations, the All-Ukrainian creative unions and their symbolics;

territorial authorities of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol - in case of state registration of regional, regional and republican labor unions, their organizations and associations, structural formations of political parties, the regional (local) creative unions, territorial cells of the All-Ukrainian creative unions, regional, republican the Autonomous Republic of Crimea, the Kiev and Sevastopol city organizations of employers and their associations, permanent reference tribunals;

district, district in the cities, city (the cities of regional value), interdistrict managements - in case of state registration of public associations, their separate divisions, the public associations which do not have the status of the legal entity, local and primary labor unions, their organizations and associations, structural formations of political parties, the regional (local) creative unions, territorial cells of the All-Ukrainian creative unions, the local organizations of employers and their associations, confirmation of the All-Ukrainian status of public association;

executive bodies of village, settlement and city councils, Kiev and the Sevastopol city, district, district public administrations, notaries, accredited subjects in the cities of Kiev and Sevastopol - in case of state registration of other legal entities and physical persons entrepreneurs.

Executive bodies of village, settlement and city councils (except the cities regional and/or republican values of the Autonomous Republic of Crimea) receive powers on state registration of other legal entities and physical persons entrepreneurs according to this Law in case of adoption of such decision by the relevant council.

The legal entity of the public law with which in employment relationships there are at least three state registrars and which prior to implementation of powers in the field of state registration concluded can be the accredited subject:

the insurance contract of civil responsibility with the minimum size of insurance sum of one thousand of the minimum sizes of the salary established by the law for January 1 of calendar year;

the contract with other subject of state registration and/or the notary (if the accredited subject performs powers only regarding ensuring acceptance and issue of documents in the field of state registration).

Accreditation of subjects and monitoring of compliance of such subjects to requirements of accreditation are performed by the Ministry of Justice of Ukraine according to the procedure, established by the Cabinet of Ministers of Ukraine;

15) technical mistake - slip, the printing, grammatical, arithmetic mistake made by the state registrar when carrying out registration actions by it;

16) the technical administrator of the Unified state register (further - the technical administrator) - the state unitary enterprise determined by the Ministry of Justice of Ukraine carried to the sphere of its management performs measures for creation, completion and support of the software of the Unified state register, the portal of electronic services and is responsible for their technical and technological support, preserving and data protection, containing in the Unified state register, provides, blocks and cancels access to the Unified state register and provides training in work with this register;

17) the constituent document of the legal entity - the constituent act, the charter, the program of political party, the model charter, the foundation agreement, the individual statement (memorandum), provision, etc.

The term "final beneficial owner (controller)" is used in the value given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

2. Other terms are used in the values given in Economic, Civil codes of Ukraine and other legal acts.

Article 2. The legislation in the field of state registration

1. The relations arising in the field of state registration are regulated by the Constitution of Ukraine, this Law and regulatory legal acts adopted according to this Law.

2. If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other regulations, than those which are stipulated by the legislation Ukraine about state registration are applied regulations of the international treaty.

Article 3. Law coverage

1. Operation of this Law extends to state registration of all legal entities, irrespective of legal form, pattern of ownership and subordination, their symbolics (in the cases provided by the law), the public forming which do not have the status of the legal entity and physical persons entrepreneurs.

2. Features of state registration of public forming can be established by the law.

Article 4. General provisions of state registration

1. State registration is based on the following basic principles:

1) obligation of state registration in the Unified state register;

2) publicity of state registration in the Unified state register and the documents which formed the basis for its carrying out;

3) settlements of the relations connected with state registration, and features of state registration it is exclusive this Law;

4) state registration by the declarative principle;

5) adoptions of documents for state registration and implementation of state registration by exterritoriality within Ukraine;

6) unities of methodology of state registration;

7) objectivity, reliability and completeness of data in the Unified state register;

8) entering of data into the Unified state register only on the basis and according to this Law;

9) openness and availability of data of the Unified state register.

2. In case of allocation of legal entities state registration of the legal entities formed as a result of allocation and state registration of changes in the data containing in the Unified state register on the legal entity from whom allocation is performed, concerning legal person - the legal successor is performed. Allocation is considered complete from the date of state registration of changes in the data containing in the Unified state register on the legal entity from whom allocation is performed, concerning legal person - the legal successor.

3. In case of merge of legal entities state registration of the newly created legal entity and state registration of the termination of legal entities which stop as a result of merge is performed. The termination is considered complete from the date of state registration of the termination of legal entities who stop as a result of merge.

4. In case of transformation of legal entities state registration of the termination of the legal entity which stops as a result of transformation, and state registration of the newly created legal entity is performed. Transformation is considered complete from the date of state registration of the newly created legal entity.

5. In case of separation of legal entities state registration of newly created legal entities and state registration of the termination of the legal entity who stops as a result of separation is performed. Separation is considered complete from the date of state registration of the termination of the legal entity which stops as a result of separation.

6. In case of joining of legal entities state registration of the termination of legal entities who stop as a result of accession, and state registration of changes in the data containing in the Unified state register on legal succession of the legal entity which join is performed. Accession is considered complete from the date of state registration of changes in the data containing in the Unified state register on legal succession of the legal entity which join.

7. Physical person entrepreneur loses the status of the entrepreneur from the date of entering into the Unified state register of record about state registration of the termination of business activity by this physical person.

8. Representative offices of foreign business entities are subject to registration according to the procedure, determined by the Law of Ukraine "About foreign economic activity".

Section II of Organa of state registration

Article 5. System of bodies of state registration

1. The system of bodies in the field of state registration is constituted:

1) Ministry of Justice of Ukraine;

2) other subjects of state registration.

2. In the field of state registration treat powers of the Ministry of Justice of Ukraine:

1) forming of state policy in the field of state registration;

2) normative and legal, methodological and information support in the field of state registration;

3) coordination of activities in the field of state registration of public forming;

4) control of activities in the field of state registration;

5) implementation of powers of the holder of the Unified state register;

6) determination of the technical administrator;

7) ensuring provision of access to the state registrars to the Unified state register and decision making about blocking and cancellation of such access in the cases provided by this Law;

8) consideration of claims to decisions, actions or failure to act of the state registrars, subjects of state registration, territorial authorities of the Ministry of Justice of Ukraine and acceptance obligatory to execution by subjects of state registration of the decisions provided by this Law;

9) creation of protocols on administrative offenses in the cases provided by the Code of Ukraine about administrative offenses;

10) interaction with state bodies, local government bodies, the organizations for state registration;

11) state registration of political parties, All-Ukrainian labor unions, their associations, the All-Ukrainian Unions of the organizations of employers, separate divisions of foreign non-governmental organizations, representations, branches of foreign charitable organizations, permanent reference tribunals which founders are All-Ukrainian public organizations, the All-Ukrainian creative unions and their symbolics;

12) provision of statements and information references in paper form for putting down of apostille and putting down of apostille on them;

13) implementation of other powers provided by this Law and other regulatory legal acts.

3. Treat powers of other subjects of state registration:

1) providing:

documents acceptance, provided for state registration;

state registration and carrying out other registration actions;

maintaining the Unified state register and provision of data from it;

conducting registration cases;

2) implementation of other powers provided by this Law and other regulatory legal acts.

Accredited subjects can perform all powers determined in this part or perform powers on ensuring acceptance and issue of documents in the field of state registration based on the contract with other subject of state registration and/or the notary.

Article 6. State registrar

1. The citizen of Ukraine who has the higher education meeting the qualification requirements determined by the Ministry of Justice of Ukraine and is in employment relationships with the subject of state registration (except notaries) and the notary can be the state registrar.

2. State registrar:

1) accepts documents;

2) checks documents for availability of the bases for suspension of consideration of documents;

3) checks documents for availability of the bases for refusal in state registration;

4) is carried out by registration action (including taking into account the principle of acquiescence) in the absence of the bases for suspension of consideration of documents and refusal in state registration by entering of record into the Unified state register;

5) is conducted by the Unified state register;

6) runs registration business;

7) performs other powers provided by this Law.

3. The state registrar when carrying out state registration of the termination of business activity of physical person entrepreneur in connection with his death or the announcement by his dead, and also in case of state registration of the changes connected with change of list of founders (participants) of the legal entity in connection with death or the announcement by the dead of the corresponding founder (participant) surely uses data of the State register of acts of civil status of citizens by direct access to it.

Information from the State register of acts of civil status of citizens obtained by the state registrar remains in the corresponding registration case.

Use of the State register of acts of civil status of citizens is performed by directly state registrar which carries out the corresponding state registration.

4. The state registrar has no right to carry out registration actions concerning subject of state registration with which the state registrar is in employment relationships or the founder (participant) of which he is. In that case state registration is carried out by other state registrar.

The state registrar has no the right to carry out registration actions concerning himself, the spouse or the wife, his (her) and relatives (parents, children, grandsons, the grandfather, the grandma, brothers, sisters), and also legal entities, the founder (participant) of which he is. In that case state registration is carried out by other state registrar of appropriate subject of state registration.

5. Intervention of any bodies, their officials, citizens, legal entities and public forming who do not have the status of the legal entity in activities of the state registrar when carrying out registration actions, except the cases provided by this Law is forbidden and involves legal accountability.

6. In case of armed conflict, temporary occupation, conducting anti-terrorist operation the Ministry of Justice of Ukraine can make the decision on temporary blocking of access to the Unified state register of the state registrars acting in the corresponding territory (the notarial district).

Section III Unified state register and portal of electronic services

Article 7. Unified state register

1. The unified state register is created for the purpose of providing state bodies and local government bodies, and also participants of civil circulation with reliable information about legal entities, the public forming which do not have the status of the legal entity and physical persons entrepreneurs from the Unified state register.

2. The unified state register is kept in state language with use of the software developed according to state standards that provides its compatibility and interaction with other information systems and networks which constitute information resource of the state.

3. The software of the Unified state register shall provide:

1) automation of process of state registration and other registration actions and reproduction of its procedures;

2) filling and seal of the application form about state registration;

3) identification of the applicants filing documents for state registration electronically with use of the digital signature and means of identification of such applicants alternative to the digital signature;

4) state registration by exterritoriality;

5) control of completeness of entering of records into the Unified state register and carrying out registration actions;

6) search of interrelations between legal entities and their founders (participants), final beneficial owners (controllers), including final beneficial owners (controllers) of the founder, heads of legal entities, visualization of all direct and indirect connections;

7) conducting registration cases electronically and creation of their electronic archive;

8) transfer of data to state bodies from the Unified state register in the cases provided by this Law;

9) information exchange between the Unified state register and information systems of state bodies;

10) storage of information about legal entities, other organizations and physical persons entrepreneurs within 75 years from the date of introduction of record about state registration of the termination of the legal entity or the organization or the termination of business activity of physical person entrepreneur;

11) data protection according to the law;

12) accomplishment in full functions of the database manager of the Unified state register (accumulating, data analysis, updating and data processing, access rights, etc.);

13) carrying out other transactions determined by this Law.

4. The data which are the state secret are not entered in the Unified state register.

5. The unified state register and its software is object of the right of state-owned property.

Article 8. Portal of electronic services

1. The portal of electronic services shall provide:

1) submission of documents electronically for state registration, licensing of types of economic activity, issue of documents of allowing nature;

2) control of completeness of filling of the statement for state registration, licensing of types of economic activity, issue of documents of allowing nature;

3) viewing of condition of consideration of the submitted documents;

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