Registration of a public association

Registration of public associations in Kyiv

State registration of public associations

Since early 2013 a new Law “On Public Associations” has been in effect, as a result this area has undergone significant changes. The mandatory territorial dependence of associations (local, nationwide, international) has been abolished and the principle of free choice of the place of activity has been established. However, an association, at its own request and subject to certain requirements, may obtain nationwide status.

Registration of public associations requires specific knowledge, primarily for drafting founding documents. Our company’s staff will provide a full range of services necessary for registration in Kyiv.

Documents for registration of a public association

A public association can be established in one of the following forms:

1. organization – the founders and members are individuals;
2. union – the founder is a legal entity, the members are legal entities and/or individuals.

The operation of the specified forms of association is possible both as a legal entity and without creating one.

When planning the creation of a public association with the status of a legal entity, you need to collect the following documents:

1. an application of the approved form;
2. a completed registration card;
3. minutes of the founding meeting;
4. two copies of the charter;
5. information about the management and the representative (together with his/her consent);
6. information on the ownership structure of the founders (only for a public union);
7. a document (legalized) confirming the registration of a foreign legal entity (if it acts as a founder).

The application, information and registration card are signed by the authorized person and notarized.

If a public association is created without registering as a legal entity, it is necessary to notify the registration authority by providing the following documents:

1. an application of the approved sample;
2. minutes of the founding meeting;
3. information about the founders and the representative;
4. charter (2 copies) and information about the governing bodies – only if their approval is directly provided for by the minutes.

It should be noted that the law provides strict requirements for the form and content of the minutes and the charter. Failure to meet the established requirements entails a refusal to register and the need for further revision of the document package. Therefore, most cases of registration refusal are related precisely to incorrect preparation of these documents.

Procedure for registration of a public association

The registration period for a new association is 60 days, during which the above documents must be submitted to the Ministry of Justice (the local registration service authority). If this requirement is not met, the association will not be considered established. In addition, any activity on behalf of an association that has not been legalized in the prescribed manner is prohibited.

As a result of reviewing the documents, the following decisions are possible:

• to register;
• to refuse registration;
• the need to refine the document package;
• to leave the document package without consideration.

If a positive decision is made, the authorized body enters the association into the Register of public associations, and in the case of creating a legal entity also sends data for its entry into the Unified State Register (EGR) and for registration with the statistics, revenue and duties authorities and the Pension Fund (PFU).

The decision to accept the notification of the establishment of an association (without registering a legal entity) is sent to the head (representative).

As a result of the registration of a legal entity of the association, the head (or authorized person) receives the following documents:

• an extract from the Unified State Register (EGR);
• a certificate of registration of the public association (in the form established by the Cabinet of Ministers);
• one copy of the charter with a registration mark.

Such a public association has the right to approve its own symbols, which are subject to registration in the Ukrainian State Register.

The cost of the administrative service for registering an association is not established by law; at the moment the procedure does not require payment of state fees.

According to the new legislation, to obtain the status of a nationwide public association it is necessary to have separate branches in the majority of the country’s administrative-territorial units. When creating an association, the founders have the right to indicate the status “nationwide” in its name. Subsequently, it is necessary to go through the procedure of confirming this status by submitting the appropriate application to the registration authority. Information on the existence of grounds for retaining the “nationwide” status of an association is checked annually. If violations are found, the association is given a period of 60 days to bring its activities into compliance with the requirements of the law. Otherwise, the registration authority will decide that the association has lost its nationwide status.

To provide the state registration service, our company’s staff require the following documents and information:

1. name of the association and types of activities;
2. copies of passports and certificates of assigned identification numbers of the founders;
3. copies of the founding documents and an extract – for the founder who is a legal entity;
4. information about board members;
5. confirmation of the legal address (for example, a lease agreement);
6. a power of attorney for our specialist.

Registration services from Law Firm “Nakaz”

Our company’s specialists will promptly ensure the completion of the registration procedure, including providing the following services:

1. drafting founding documents and all additional protocols and decisions, the content and form of which will comply with the requirements of the law;
2. carrying out state registration of the association and registering it with the necessary authorities and funds;
3. obtaining documents confirming registration and registration with authorities;
4. supporting the procedure for obtaining non-profit status and entering it in the corresponding Register;
5. full consultation regarding the further activities of the association.

Legislation:

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

Law “On Public Associations” of 22.03.2012 No. 4572-VI;

Resolution of the Cabinet of Ministers “On the registration of public association symbols” of 19.12.2012 No. 1209.