Association of enterprises

Registration of an association, concern and corporation in Kyiv

Registration of an association of enterprises

An association of enterprises is a legal entity that includes two or more business entities for joint economic, scientific and other activities. Ukrainian legislation provides for different forms in which an association can operate. This allows enterprises to choose the most optimal option for their actions – combine their material resources, coordinate their activities within certain functions, transfer management functions to the association, and so on.

The Nakaz Law Firm team will help you choose the most acceptable type of association, prepare all necessary documents and carry out registration actions quickly with minimal participation on your part.

Documents for registration

The package of documents required for registration depends on the type of association planned to be registered.

The legislation provides the following classification of associations of enterprises:

1. Depending on the procedure of creation.

1.1. Economic association – created by enterprises on a voluntary basis. In this case the founding enterprises of the association must approve the agreement, and in some cases also the charter of the association.

1.2. State (communal) association – created by state (communal) enterprises at the initiative of competent authorities. In this case the state body that initiates the creation of the association adopts the corresponding decision and approves its charter.

2. Depending on the organizational and legal form.

2.1. Consortium – an association created on a temporary basis to achieve a specific common goal (after which its activity ceases). The creation of a consortium requires mandatory approval of the charter.

2.2. Corporation – an association that implies the transfer to it of certain powers to manage the founding enterprises. In fact, the corporation does not perform a production function, but only a managerial one.

2.3. Concern – an association operating on the basis of a charter, which includes one or several enterprises on which all other participants are financially dependent. In addition, a concern implies the centralization of certain managerial and representative functions, as well as the impossibility of being a member of two concerns at the same time.

2.4. Association – an association that operates on the basis of an agreement and provides for the centralized combination of certain managerial or production functions. Registration of an association is attractive in that it excludes the association’s interference in the entrepreneurial activities of its founders.

Procedure for registration of an association of enterprises

Associations of enterprises, since they are legal entities, are subject to state registration in the general manner. More details about the procedure for registering legal entities can be found on our website.

In this article we will only list certain features that should be taken into account when registering an association of enterprises:

1. to the general list of documents for registration of an economic association, the founding agreement approved by the founding enterprises is added;
2. the decision to create an economic association is adopted by the founding enterprises and approved by them. The decision to create a state (communal) association is made by the authorized body of power, which also approves the charter;
3. it is mandatory to agree the founding agreement (decision on creation) and the charter with the Antimonopoly Committee of Ukraine.

Registration services from Nakaz Law Firm

The specialists of Nakaz Law Firm will promptly ensure the completion of all necessary registration actions, including providing the following services:

• preparation of founding documents and all additional protocols and decisions, the content and form of which will strictly comply with the requirements of the legislation;
• state registration of a legal entity of any organizational and legal form and form of ownership, as well as its registration with the necessary authorities and funds;
• obtaining documents confirming registration and registration with authorities;
• coordination of founding documents with the Antimonopoly Committee of Ukraine;
• support in obtaining non-profit organization status and its entry in the corresponding Register;
• full consultation regarding the further activities of the organization.

Legislation:

Commercial Code of Ukraine dated 16.01.2003 No. 436-IV;

Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” dated 15.05.2003 No. 755-IV.