The lawyer prepares the corresponding Decision of the General Meeting of Participants (Decision of the Single Participant) on the change of the Director or other executive body of the legal entity. At the request of the client, the lawyer prepares the Directive on the appointment of the Director.
Change of Director of a Legal Entity
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Publication date: 22.07.2022
Reading time: 9 minutes
Number of views: 24
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Stage
Term (days)
Cost
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1
Preparation of a protocol1 UAH 2,280.00
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2
Obtaining extracts5 UAH 2,280.00
The lawyer accompanies the client during the introduction of changes about the manager in the Unified State Register of Legal Entities, Individuals-Entrepreneurs and Public Entities. The lawyer or arranges for the client to meet with the public or private registrar to submit the necessary documents, or helps to issue a power of attorney for the representation of the client’s interests in the registration bodies to carry out the necessary actions and to submit documents for the introduction of changes to the statements of the manager, which are placed in the Unified State Register. At the end of the actions of the registrar, the client receives the Inventory. The lawyer monitors the introduction of changes to the Unified State Register and informs the client about this, for which the client receives an extract from the Unified State Register from the registrar.
* The services of the registrar (notary if necessary), the cost of the power of attorney and administrative fees are paid by the client separately.
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UAH 4,560.00
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Change of director of a legal entity
Usually, all current issues of a legal company are resolved by its management. For this purpose, the director of the enterprise is most often appointed, he can also be called the general director. If the company has several directors, a commercial director, financial director, etc. are usually appointed separately. That is why the change of the head of a legal entity is an extremely important measure that must be completed in accordance with current legislation according to a certain algorithm
How to change the head of a legal entity in Ukraine: peculiarities
First, the documentation confirming the change of director is correctly drawn up and collected. It must be drawn up in accordance with applicable laws, rules and regulations, then:
● It is necessary to register changes in the state register of legal entities, public organizations and entrepreneurs-individuals. The procedure is carried out in the registration authorities at the place of activity.
● After that, actions are taken that complete the procedure for changing the director of a legal entity — you need to get documents about the changes and enter them into internal documents, notify the relevant authorities about the change of management.
If you act according to this scheme, there should not be any difficulties with local government bodies.
Change of head of a legal entity: possible reasons
The change of the company's management data can be organized for various reasons. Let's note the most common:
● The current manager has made a voluntary decision to refuse to hold this position and is applying for voluntary resignation. The directors are also subject to current labor legislation, so they must give an official notice of dismissal in 2 weeks and support their decision with a standard statement.
● The agreement between the founders and the director expires. Usually, such an employment contract is concluded for 5 years, after which there is a change of the head of the legal entity, a redrafting of the contract or its extension.
● The director changes in connection with the change in the composition of the founders, which involves a change in direct management. If it is an enterprise with one founder who was also a director, then both the change of director and the change of founder are processed.
● Bankruptcy of the enterprise. In this situation, a temporary manager is first appointed, and then his replacement is formalized.
● In rare cases, there are situations when the director of a legal entity is changed due to any illegal actions on his part. For example, due to the decision of the head of the enterprise, significant material or reputational damage is caused, the obligations provided for in the labor code and the contract are violated, or the like.
Registration of a change in the head of a legal entity
Since changing the head of a legal entity in Ukraine is not always a simple and quick procedure, in most cases companies turn to lawyers with experience in this matter for help and advice. This makes it possible to significantly reduce temporary costs and eliminate errors during the state registration of changes. To begin with, the specialist studies the situation and makes a legally competent decision of the general meeting of participants or a single participant. The document must correctly convey information about the need to change the director of a legal entity. To implement this stage of cooperation, company representatives must provide:
● Passport.
● TIN
● Documents confirming the address of registration of a legal entity.
● Documents of the founders, as well as the new and current director.
● Founding documents of the company
The main task of a lawyer is to support the client during the registration of changes in the state unified register. Usually, the lawyer offers to meet with the client and jointly visit the state body to submit documents. In order to implement the registration of a change in the head of a legal entity, it is also possible to issue a power of attorney for the representation of the interests of the registration authorities.
After drawing up all the documents, the client receives the corresponding act. Subsequently, the main task of a lawyer is to monitor the introduction of changes to the unified state register. After all the documents are ready, he informs the client about it, and they again go to the state authorities or the lawyer deals with the fees on his own.
If you need to arrange a change of director of a legal entity, we suggest contacting experienced lawyers directly using our online service. Contacts of specialists will be available after downloading the convenient program. Then you can contact a lawyer and arrange a meeting in the near future.
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