Registration of Change of the Organization’s Head

Change of the Director of a Legal Entity

Public associations, which include public organizations and public unions, carry out their activities in accordance with applicable legislation.

The law notes that such associations may operate with the status of a legal entity or without it. However, the founders’ right to create a public association and to carry out their subsequent activities without the status of a legal entity does not restrict their ability to adopt a charter as their founding document.

Non-profit organizations must act in accordance with the requirements of their founding documents and take into account the provisions of current legislation.

When creating a public association, i.e. at the founding meeting, the founders decide on the adoption of the charter. The next equally important issue is the election of the head and governing bodies, which is decided at the founding meeting in accordance with the adopted charter.

The charter, as the document under which a public organization or public union operates, must also contain information regarding the scope of powers of the head and governing bodies. The change of the head of a legal entity (change of director), the procedure for forming the composition of governing bodies, the term of office of the head and governing bodies — these issues must also be provided for in the charter.

The procedure for making amendments to the founding documents of public associations is regulated in accordance with the provisions of the law.

The formalization of a change of the organization’s head must have a legal basis. Therefore, when changing the governing bodies, the public organization must comply with the procedure determined by its charter. The change of the head must be carried out with notification to the authority that handles registration. The following package of documents is submitted to such authority:

• an application drawn up in free form;
• Form No. 3, submitted completed, the content of the card must comply with all established requirements;
• a decision of the authorized body on the change of the head, certified by the organization’s seal. Such a decision must be made in accordance with the charter and the legislation governing this issue. An administrative document on the appointment of the head or governing bodies of the public organization is attached to this decision. Instead of originals, it is allowed to submit notarized copies of the documents;
• a document certified by the organization’s seal that confirms the legitimacy of convening the meeting of the highest governing body of the organization (it is allowed to submit a notarized copy of such document);
• information about the governing bodies.

The documents are signed by the head of the organization.

The actual change of the head of a public organization occurs if, after the submission of the aforementioned documents, the state registrar accepts this notification and issues a decision to make changes to the composition of the governing bodies of the public organization.

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Legislation:

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

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