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Publication date: 26.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
A charitable foundation is a non-profit organization created for the purpose of collecting funds, property and other resources to support social, cultural, educational, medical or other charitable purposes and projects.
The activity of a charitable fund has its own characteristics that distinguish it from commercial activity. Here are some of the most significant features:
Social mission: The main purpose of the charitable foundation is to implement charitable and humanitarian goals, such as social assistance, support of education, science, culture, and others.
Non-profit: The Charitable Foundation does not aim to make a profit for the owners or founders. Funds received from charitable activities are used exclusively for the achievement of charitable goals and the implementation of social projects.
Openness and transparency: The charitable foundation must ensure openness and transparency in its activities, in particular, in relation to the collection and use of funds, as well as the results of its work.
Compliance with legislation: The activities of the charity fund must comply with the requirements of the legislation and be regulated by relevant legal norms, in particular the Law "On Charitable Activities and Charitable Organizations".
Charitable fund management bodies:
The management bodies of a charitable foundation are usually included in its organizational structure and are responsible for various aspects of the foundation's activities. Here are the main bodies of charity fund management:
General meeting: This is the highest governing body that makes strategic decisions and sets the general direction of the foundation. In particular, the competence of the general meeting includes: making changes to the founding document, appointing, revoking the powers of other management bodies, making a decision on liquidation or reorganization of the fund.
Supervisory Board: This body is responsible for general supervision of the activities of the executive body. The members of the supervisory board cannot be members of the executive body. A detailed list of powers of this body should be fixed in the statute.
Executive body: This body is responsible for the day-to-day management and operational management of the fund's activities. The executive body makes decisions within the limits of the powers provided for by the statute.
Charity foundation registration procedure:
Registration of a charitable foundation in Ukraine is an important step for the legal and official implementation of charitable activities and fundraising for charitable purposes. Here are some basic steps you need to take to register a charitable foundation in Ukraine:
General meeting: The first step is the convening of a general meeting at which a decision is made to create a fund, the statute is approved (the content of which is determined by legislation), and organizational and management issues are agreed upon.
Collection of necessary documents: To register a charity fund, you need to collect a package of documents, which may include the charter, protocol of the founders, application for registration, documents confirming the identity of the founders, and others.
Submission of documents to the registration body: After preparing all the necessary documents, the application for registration together with the documents is submitted to the relevant registration body. You can submit a package of documents to TsNAP.
Obtaining a decision on registration: After reviewing the documents, the registration body makes a decision on the registration of the charity fund.
Additional actions: After receiving registration, the foundation may require additional actions, such as opening a bank account, creating a seal, etc.
It is important to comply with all the requirements of the law and to perform all the necessary procedures in a timely manner for the successful registration and further activities of the charitable foundation. It is also recommended to seek advice from legal experts on charitable activities.
Lawyer services in creating a charity fund:
The lawyer will help prepare all the necessary documents, draw up the foundation's charter, advise on the formation of governing bodies, and conduct a legal analysis of the situation and state registration. The lawyer consultation guarantee a comprehensive approach to the creation of a lawyer advice, including the requirements of the law and the interests of the founders. So. Legal services in the process of creating a charity fund will help to avoid conflicts and troubles both during registration and in the process of activity.
