Only an extract from the USR will be able to confirm the existence of an entrepreneur or legal entity

Автор: admin_dev
Only an extract from the USR will be able to confirm the existence of an entrepreneur or legal entity

17.12.2012 comes into force the Law of Ukraine dated 24.05.2012 No.4839-VI, which grants a special status to the extract from the USR (hereinafter — the extract). The extract will become the sole document confirming the existence of legal entities, their separate subdivisions …

Зміст статті:

Confirming the existence of an enterprise is now possible only with an extract from the USR 

17.12.2012 comes into force the Law of Ukraine dated 24.05.2012 No.4839-VI, which grants a special status to the extract from the USR (hereinafter — the extract).     The extract will become the sole document that confirms the existence of legal entities, their separate subdivisions or individual entrepreneurs       , contains information about them and is used for identification during the conduct of business activities and the opening of a bank account. The extract, which is planned to be issued from January 1, should contain, among other things:

  •  Full name of persons entitled to perform legal acts on behalf of the legal entity or on behalf of the individual entrepreneur without a power of attorney; 
  •  an indication of the existence of restrictions regarding representation on behalf of the legal entity or the entrepreneur;
  •  the date and number of the entry in the Unified State Register;
  •  the date and number of the registration and deregistration entry, the name and identification codes of the statistical authorities, the State Tax Service (STS), the Pension Fund of Ukraine (PFU), in which the legal entity (its separate subdivision) or the entrepreneur is registered; 
  •  data on the main type of activity;
  • registration number in the Pension Fund and the class of professional risk according to the primary KVED;
  • in case of change of location — the period during which the person remains registered with the State Tax Service at the place of previous registration.

Therefore, legal entities and individual entrepreneurs may forgo obtaining the detailed extract, which, although it contains somewhat broader information than the extract, still duplicates the main information necessary to confirm business activity. At least the detailed extract is currently not required for single-tax entrepreneurs who change KVED codes,

  •  the tax authorities do not require it.

It is important that the USR will contain not only information submitted by the economic entity itself, but also information obtained through information exchange from the statistical authorities, the State Tax Service and the Pension Fund. In particular, this refers to changes in types of activity and location (in case of change of legal address and determination of the tax address according to certificate No.20-OPP for the taxable object and/or separate subdivision).

Is a fee established for issuing the extract?    

For state entities that will be registered after 17.12.2012, the extract is payable in the amount of 17 for each issuance. 

No fee is charged for obtaining an extract from the USR during:     

  •  conducting state registration;
  •  inclusion of information about active legal entities and entrepreneurs;
  •  making changes to information about the legal entity contained in the USR that are not related to changes made to the constituent documents; 
  •  making changes to the constituent documents;
  •  inclusion in the USR of information on the establishment (closure) of a separate subdivision;  
  •  making changes to the information about an individual entrepreneur contained in the USR; etc

And one last point: Law No.4834 also introduced changes to the procedure for registering business entities for tax purposes (paragraphs 64 and 65 of the Tax Code). Today the registration of a business entity with the State Tax Service is completed by issuing a certificate form No.4-OPP, and the extract from the USR is provided separately, regardless of the fact of tax registration. And from December 17 the fact of registration with the State Tax Service will be confirmed by issuing an extract from the USR, and the state registrar will not issue an extract from the USR without receiving information about the registration from the State Tax Service (see the information that the extract will contain). It is also important that now, to open a bank account it will be sufficient to have either the extract from the USR or a certificate from the State Tax Service (for those who are not included in the USR).