It is an indisputable fact that, for Ukraine, establishing a public association is not only a way to implement socially important initiatives but also a legal procedure that requires strict compliance with regulations. In this article, we will explain how to register an association and what to do if you need to make changes to the information contained in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations.
UKRAINIAN LAWS
According to the Law of Ukraine “On Public Associations”:
“A civic association is a voluntary association of individuals and/or private-law legal entities formed to exercise and protect rights and freedoms, and to advance public interests, including economic, social, cultural, environmental, and other interests.”
Civil society organizations may be established in two forms:
- Nonprofit Organization
- Public Association
In addition, a public association may operate either with legal entity status or without such status. Registration with legal entity status grants the right to open bank accounts, own property, and obtain nonprofit status.
REGISTRATION OF A CIVIC ASSOCIATION
The establishment process begins with a founding meeting, where the key decisions necessary to begin operations are made. The name, purpose, and bylaws are also approved, and the leadership and governing bodies are elected.
Special attention should be paid to the set of documents required for initial registration:
- Application for State Registration of the Formation of a Legal Entity (using the prescribed form).
- Minutes of the Founding Meeting.
- List of individuals who participated in the founding meeting.
- Articles of Incorporation (bound in paper form).
- Information about the governing bodies and the person authorized to represent the public association.
- Ownership Structure.
AMENDMENTS TO THE INFORMATION REGARDING A CIVIC ASSOCIATION
In general, the changes can be divided into two categories: those that require an amendment to the articles of association, and those that involve only updating the information in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations.
What is meant by an amendment to the articles of incorporation?
The Need to Submit a New Version of the Bylaws may consist of including changes to the name, purpose of the organization, and the procedures for membership admission and withdrawal or the management structure. At the same time, the website of the Kyiv Interregional Directorate of the Ministry of Justice of Ukraine has published templates and requirements that the founding documents of a public association must meet.
The procedure itself involves convening the highest governing body (General Meeting/Conference) and adopting a resolution, which is recorded in the minutes.
PROCEDURE FOR MAKING CHANGES
For the changes to be successfully registered, it is first necessary to hold a meeting in accordance with the requirements of the current bylaws (compliance with quorum requirements, notice periods, etc.).
The documents themselves are submitted to the Kyiv Interregional Office of the Ministry of Justice of Ukraine or to the Administrative Services Center in the location of the public association. State registration of changes usually takes up to 3 business days.