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Publication date: 21.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Registration of a charitable foundation is an important and responsible step for organizations that seek to engage in charitable activities. This process requires careful preparation of documents and compliance with current legislation. In this article, we will consider the main legal regulations for the registration of a charitable foundation in Ukraine, as well as provide recommendations for the consultation of a lawyer and a lawyer, analysis of documents, legal analysis of the situation, and verification of documents by a lawyer.
Legal Norms of Charitable Fund Registration
Registration of a charitable foundation in Ukraine is regulated by the Law of Ukraine "On Charitable Activities and Charitable Organizations". According to this law, charitable organizations can be created in the form of a charitable society, a charitable institution or a charitable foundation.
Main Stages of Charitable Fund Registration
Preparation of the charter: The charter is the main document regulating the activities of the charitable foundation. It must meet the requirements of the legislation and include such sections as the purpose of the activity, management procedure, rights and obligations of participants, etc.
Conducting constituent meetings: At constituent meetings, the founders of the fund approve the charter, elect management bodies and make other necessary decisions.
Submission of documents to the registration body: To register a charitable fund, the following documents must be submitted to the registration body (state registrar):
Application for state registration of the creation of a legal entity.
Statute in two copies.
Minutes of the founding meetings.
A document confirming the payment of the administrative fee.Obtaining a certificate of registration: After checking the submitted documents, the state registrar makes a decision on the registration of a charitable fund and issues a certificate of state registration.
Consultation of a lawyer and a lawyer
In order to successfully register a charitable foundation, it is important to get professional advice from a lawyer or lawyer. They will help to avoid possible mistakes and ensure compliance of documents with legal requirements. A lawyer's consultation may include:
1. Analysis of documents: The lawyer will help to develop the charter, minutes of the founding meeting and other necessary documents.
2. Legal analysis of the situation: A professional will analyze the legal aspects of creating a fund and provide recommendations on choosing the most optimal form of charitable organization.
3. Written consultation: The lawyer will provide a written consultation with recommendations on fund registration and solving possible problems.
Practical Tips for Registering a Charitable Fund
1. Involvement of Professionals
Registration of a charitable fund requires knowledge of legislation and the preparation of a large number of documents. Therefore, it is advisable to seek help from professionals - lawyers and lawyers. They will provide advice, help prepare documents and accompany the registration process.
2. Detailed Analysis of Documents
Before submitting documents to the registration body, it is necessary to carefully check their compliance with the requirements of the law. It is important that the documents contain all the necessary provisions and are prepared in accordance with the established norms.
3.Fulfillment of the Requirements of the Law
It is necessary to strictly comply with the requirements of the Law of Ukraine "On Charitable Activities and Charitable Organizations". This includes the preparation of articles of association and other documents, as well as compliance with procedural requirements, such as holding constituent meetings and submitting documents to the registration authority.
4. Receiving Written Consultations
A lawyer's written consultation can be a useful tool for ensuring the correctness of prepared documents and compliance with legal requirements. This will avoid possible problems during fund registration.
5. Timely Payment of the Administrative Fee
It is necessary to pay the administrative fee for the registration of the charity fund in a timely manner and submit a document confirming the payment together with other documents to the registration body.
