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Registration of changes
It should be noted right away that the concept of "re-registration", which is actively used in the business environment, is not actually used in regulatory legal acts, because absolutely all registration actions are identical in nature and procedure to the procedure established for ordinary state registration of a legal entity or individuel. According to Part 1 of Art. 58 CCU, the enterprise is re-registered
- changes in the form of ownership on which it was based;
- organizational form of management;
- the name of the business entity (or full name - for sole proprietorship);
- location (place of residence);
- change of the head of the enterprise.
Law of Ukraine of 15.05.2003, No. 755-IV "On state registration of legal entities and individuals - entrepreneurs" generally refuses the term "re-registration" adds to the grounds of the CCU -
- h. 6 art. 9 ZU - amendments to the constituent documents of a legal entity, if these changes are associated with a change in the name (a change in the organizational form and form of ownership necessarily leads to a corresponding change in the name);
- and / or the location of the legal entity, as well as making changes to the information about the sole proprietor, if these changes are associated with a change in the name and / or place of residence of the sole proprietor.
According to Art. 29 of the Law, for the state registration of changes to the constituent documents of a legal entity (including a non-profit organization), the following documents are required:
- completed registration card for state registration of changes;
- a copy of the decision of the founders (participants) of the legal entity or the body authorized by them, by which they are approved;
- original constituent documents (charter / constituent agreement) with a note of state registration;
- two copies of amendments to the constituent documents or two copies of the constituent documents in a new edition;
- a document confirming the payment of the registration fee for the state registration of changes (30% of the fee that is charged for the state registration of a legal entity - 3x17 - 51 UAH - changes are being prepared!).
If the changes are related:
- with a decrease in the authorized capital - a document confirming the payment of payment for publishing a message about this in a specialized print media;
- with a change in the composition of the founders - either a copy of the decision on the withdrawal of the legal entity from the composition of the founders (participants), or a copy of the application of an individual to withdraw from the composition of the founders (participants), or a document on the transfer of the rights of the founder (participant) to another person, or the decision of the authorized body of the legal a person on the compulsory exclusion of the founder (participant) from the founders (participants), if this is provided by law or constituent documents;
- in the event of the death of an individual - the founder (participant) and the refusal of other founders (participants) to accept the heirs as the founders - a copy of the death certificate of the individual or a corresponding certificate from the registry office or a court decision declaring the citizen dead;
- with a change in the name or location - a certificate of state registration of a legal entity.
The state registrar is prohibited from requiring additional documents for the state registration of changes to the constituent documents of a legal entity.
If now the size of the registration fee for registering changes is 51 UAH, then for charitable organizations the registration fee is not charged at all .. Amendments to the constituent documents of a legal entity are drawn up either as a separate application (a note is made on the title page that it is an integral part of the respective constituent documents), or constituent documents are registered in a new edition.
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