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In order to start your own business, first of all, you should choose the form of ownership, in legal language - the organizational and legal form of your business.
And although under Art. 90 of the Civil Code of Ukraine, each legal entity must have its own name with the obligatory indication in it of information about its organizational and legal form, everything is indicated together in the statutory documents of the legal entity and is entered into the EDRPOU, it must be understood that this form will affect not so much the formal legal aspects as will determine the processes of the real functioning of the enterprise. Therefore, you must at least fluently understand this in order to start a business. We proceed from the premise that your goal is to be engaged in entrepreneurial, i.e. not charitable, activities, and therefore activities that make a profit, therefore, we propose to consider the most likely forms of business organization, namely LLC, state of emergency and individual entrepreneur.
A limited liability company (LLC) has the legal status of an economic (Art. 50 of the Law of Ukraine "On Business Companies") and an entrepreneurial company (Clause 1 of Art. 84 of the Civil Code). Of course, it is a legal entity and acquires all its rights from the date of state registration (clause 1 of article 6 of the Law of Ukraine "On Business Companies"). In addition, the LLC is a legal entity of private law (part 2 of article 81 of the Civil Code).
To the choice of location - the addresses of the body or person who, according to statutory documents or the law, represent it (clause 1 of article 1 of the Law of Ukraine "On state registration of legal entities and natural persons - entrepreneurs"), i.e. legal address, you need to be responsible so that you are not ashamed to look into the eyes of both future partners and controlling structures. Unfortunately, the practice of the so-called “Mass registrations” at the same address somewhere on the outskirts of the city of many legal entities not only indicates the entrepreneur's disrespect for their own status in the business world, but often leads in practice to the impossibility of actually finding a legal entity, causes corresponding problems in interaction with the tax authorities, from which to judicial problems - a stone's throw. The legal address of an LLC (like a state of emergency) can be either an office non-residential premises or the place of registration of one of the founders (we can offer you a real legal address in Kiev during the registration of the enterprise).
So, what are the "advantages" of registering an enterprise:
clear regulation of registration and liquidation (as opposed to FLP, which is sometimes difficult to close);
no requirements for the volume of the authorized capital (if before June 2011 there was 1 minimum wage, while for a joint-stock company (JSC) - 1250 !, now there are no restrictions at all), flexible formation conditions - it is possible to draw up during the first years of activity, incl. property (Article 50 of the Law of Ukraine "On Business Companies");
any risks fall on the LLC, and not on its participants, the liability is proportional to the contributions of each (Article 50 of the Law of Ukraine "On Business Companies", Article 96 of the Civil Code of Ukraine, clause 2 of Article 219 of the Civil Code of Ukraine);
no requirements for the number and status of founders and participants (both individuals and legal entities, both residents and non-residents; the minimum number of participants is 1 (but only in one LLC), the maximum is 100 (Art. 3, Art. 50 Law of Ukraine "On Business Societies", clause 1 of article 140, part 2 of article 141 of the Civil Code);
the presence of an accountant in the LLC is not mandatory (we can offer you accounting services for the company on very favorable terms);
LLC has the right to act on the basis of the Model Charter, which automatically reduces the volume of securities and saves money on notary services for the certification of constituent documents;
You will not have to deal with securities (unlike JSC);
high democracy in the enterprise management system - the powers of the executive body (director) at the charter level are limited by the powers of the supreme governing body - the meeting of founders (participants), which has the right to freely remove the director from office;
LLC, being an analogue of the foreign form of doing business Limited Liability Company, seems to be the most understandable for partners from abroad, which helps to attract foreign investment and simplifies business contacts (in contrast to the state of emergency, which they perceive archaically as an echo of the Soviet legal system).
Business registration in Kiev
Private enterprise (PE) - has a rather controversial legal status, is the organizational form of the enterprise (Art. 63, Art. 113 GKU). In accordance with Art. 83 GKU, PE separately as a legal entity is not allocated, but under Part 3 of Art. 81 of the Civil Code of Ukraine, in order to determine its legal status, it is necessary to apply the provisions in force in relation to legal entities. In a state of emergency there can be as many founders as you like - individuals (citizens, foreigners, stateless persons) or one legal entity (clause 1 of article 113 of the HKU). For a private enterprise, the size of the authorized capital (fund) has not been established (letter of the State Committee for Entrepreneurship No. 1858 of March 26, 2004).
Unfortunately, the procedure for entry and exit of participants (founders) of a private enterprise has not yet been regulated at the legislative level, and therefore if the founder of the state of emergency wants
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