What is the purpose of creating a charter at an enterprise in Ukraine?
According to the current legislation, any enterprise operates on the basis of the charter, and in the case when there are more than two founders, there must be an additional memorandum of association.
Under martial law, the requirements for the preparation and submission of constituent documentation for the purpose of registering an enterprise have not changed. Although, at the same time, given the large number of legislative news in the field of business, there are more questions.
Our specialists are ready to share basic information about the specifics of drafting and registering a charter to create an enterprise.
At the same time, the legislator himself recommends that you first apply for legal services, because lawyers know the intricacies of registering enterprises and compiling constituent documentation.
If it is necessary to draw up an individual charter for a limited liability company, an additional liability company or a private enterprise during the war in Kyiv or Ukraine, we recommend using the legal services Consultant to order a turnkey document.
The main points in the preparation of the charter at the enterprise?
When drawing up a charter for the purpose of registering an enterprise, our specialists note that it is necessary to indicate basic information about such an enterprise. It would be appropriate to include:
● Type of society;
● The subject and goals of its activities;
● Composition of founders and participants;
● Name and place of registration;
● The size and procedure for the formation of the statutory fund;
● The procedure for the distribution of profits and losses.
It is also necessary to pay attention that, depending on the type of enterprise, certain requirements for the charter may be clarified or supplemented. This is especially true of questions of the share of ownership of the enterprise.
Lawyers also say that for a joint-stock company it is necessary to draw up an additional memorandum of association. That is, along with the charter, there must be an additional document for registering such an enterprise in Kyiv or Ukraine.
Our experts recommend that you first obtain professional advice from lawyers in the field of registration actions for entrepreneurs in order to file a complaint with the State Labor Service in accordance with applicable law and reduce the risk of disputes of any category.
What to pay attention to when registering a charter?
To begin with, before registering constituent documents, it is necessary to determine the need for a unique charter. The legislator also offers an alternative option - the use of a model charter, which includes general provisions for an enterprise, institution or organization of any form.
Excellent features of such an enterprise, in case of signing under the model charter, will be contained in the decision of the founders.
However, if you still need to create a personal charter for your company, in order to register an institution, you must also collect and prepare:
● Application for state registration of the establishment of a legal entity;
● A copy of the original and a certified copy of the decision of the founders on the establishment of the enterprise;
● Directly - the charter itself;
● Passport and RNOKPP of the founder.
Having collected the entire package of documents for registration, including the charter, you must contact the state registrar at the center for the provision of administrative services (TSNAP), or a notary who can similarly perform registration actions.
We also draw your attention to the fact that not every notary performs registration actions, so we recommend that you first check this option with a specific notary.
If you need to analyze the charter of an enterprise, institution or organization of any form or develop an individual document, we suggest using our legal services Consultant. Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Charter template for LLC, ALC and PE in Ukraine.
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● Download the mobile application "Consultant";
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