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Frequently asked questions

The questions of registration / removal from registration of a place of residence

1. Where should I go to get the service?

In any territorial office of the Center for the provision of administrative services of the city of Kharkov, regardless of place of residence.

2. Who decides on registration / deregistration of a place of residence?

The decision is made by employees of the Office of Registration of the place of residence of the Department of Registration of the Kharkiv City Council.

3. How long does it take to get the service?

The service is provided by the staff of the Office of Registration of the Place of Residence of the Department of Registration of the Kharkiv City Council on the day that a person contacts any territorial unit of the Center for the Provision of Administrative Services of the City of Kharkov.

At the request of the applicant, the service can be provided within 20 minutes.

4. What services in the area of registration / de-registration of a place of residence can an applicant get?

  • - Registration of the place of residence / with simultaneous removal
  • - De-registration of the place of residence
  • - Actualization of data (entry of relevant information in the register of the territorial community of the city of Kharkov)
  • - Putting in the passport a stamp on renaming streets, numbering houses (avenues, boulevards, squares, lanes, neighborhoods) and more

5. Why is it necessary to update?

Updating the data is the need to make up-to-date information / changes in the information about the person in the Register of the territorial community of the city of Kharkov (in case of changing the name and other personal data about the person, entering the registration date to those who registered their place of residence before 04/04/2016)

6. What is necessary for updating?

  • - Application form with data about the applicant (drawn up by the administrator of the Center for Process Control and Transmission Control)
  • - Consent to the processing of personal data (drawn up by the administrator of the Administrative Center and signed by the applicant himself)
  • - The document on the basis of which actual information is entered in the register (passport or other document in which information on registration of residence is entered)
  • - If the person is updated by his representative, in addition to the specified documents, a power of attorney must be submitted, as well as a document certifying the identity of the representative
  • - In the case of actualization of a minor child, you must provide a birth certificate of the child, as well as documents confirming the identity of the legal representative

7. What documents are necessary for putting a stamp in the applicant's passport in connection with the change of street name, numbering of houses, etc.?

The document in which information on registration of place of residence is entered (passport of a citizen of Ukraine, etc).

8. What documents are required to de-register the place of residence of the deceased?

  • - Application for removal of the deceased from the registration (drawn up by the administrator of the Administrative Center)
  • - Death certificate (original)
  • - The identity document of the person who applied for this service

This service is provided free of charge.

9. What additional documents for registration / de-registration of the place of residence must be provided by the applicant, who is subject to statement or is on the military account?

Military registration documents are:

  • - For conscripts - a certificate of registration to the recruiting station (for persons aged 18 to 27 years)
  • - For persons liable for military service - a military ID or temporary ID (for persons aged 27 to 60 years)

10. What marks should be put in the military registration document of the applicant who applied for registration / de-registration of the place of residence?

To register the place of residence of the applicant in his military registration document, there must be a note about registration with the military in the military commissariat of the district of Kharkov where the person intends to register his place of residence.

De-registration of the applicant’s place of residence is carried out only if there is a military commissariat mark on de-registration

Need advice on registering / deregistering a place of residence or obtaining archival information from a file on a person’s registration (form A)?

Call the hotline: 0-800-304-304

Questions and answers for the portal of electronic services of Kharkiv

General issues

1. What is e-service?

This is a form of interaction between local governments and individuals, in which the submission of the necessary documents to obtain the service is carried out electronically via the Internet. The result of some services may be provided in the form of an electronic document

2. Where can I get an electronic service?

The electronic service can be obtained on the Kharkov Electronic Services Portal (www.e-kharkiv.org).

3. What is the Electronic Services Portal of Kharkiv?

The combination of software and hardware with a unique Internet address (www.e-kharkiv.org) together with information resources that are at the disposal of the Kharkiv City Council (its executive bodies) and provide access of legal entities and individuals to these information resources and information services by structural subdivisions of Kharkiv city council and public utilities of the city of Kharkiv via the Internet

4. Who is the administrator of the Kharkov Electronic Portal Services Portal?

The website administrator is the Kharkiv Data Center utility company, which administers software and hardware that integrates information with external automated systems, in particular by providing access to such information to external authenticated and remotely identified users.

5. What is a “Help Search” on the Kharkov Electronic Services Portal?

This is the section where you can find the help received earlier, by its unique number, which is displayed, regardless of the method of receiving the document, on the help itself. This number must be entered in the active field and click the "Search" button. After these actions are completed, the certificate, the unique number of which has been entered, will be displayed on the device screen.

6. What is “My orders” on the Electronic Services Portal of the city of Kharkov?

This is a section in which the result of previously received services is stored using the Electronic Services Portal of the city of Kharkov.

7. Where to contact in case of questions while working with the Kharkov Electronic Services Portal?

In the section "Contacts" on the Electronic Services Portal of the city of Kharkiv are contact details with which you can contact the experts. There are telephone hotline (0-800-304-304), contact e-mail and phone numbers that can be contacted using instant messengers

Additionally, a chat bot is available on the website of the Registration Department of the Kharkiv City Council (dr.city.kharkov.ua) with which you can ask a question to a specialist online. To use the chat bot, the user must click on the active button “Online Help” on the right side of the specified website.

8. Is it possible to choose another language on the Kharkov Electronic Services Portal?

Yes. In the top right corner there are three active labels “UKR” - Ukrainian, “RUS” - Russian and “ENG” - English. By clicking on any of them, you can choose a user-friendly language.

For individuals

1. How to get information about yourself from the Register of the territorial community of the city of Kharkov through the Electronic Services Portal of the city of Kharkov?

To obtain information about yourself from the Registry of the territorial community of the city of Kharkov through the Electronic Services Portal of the city of Kharkov, you must log in using electronic identification tools (using a qualified electronic signature, BankId and others), go to the “Services” tab, select the required one and click on the “ To order". After performing the described actions, a window will open in which you must fill in the required fields, after filling in which you must click the "Order" button. The result of the above actions will be a help that can be printed and which will be available in the "My Orders" section.

2. Who can get the service through the Electronic Services Portal of the city of Kharkov?

With the help of the Portal of electronic services of the city of Kharkov, users can obtain a certificate whose place of residence / residence is registered in the city of Kharkov and who have been authenticated through the available means of electronic identification.

3. What is personal identification?

The procedure for using the identity of a person from documents created on tangible media and / or electronic data, as a result of which an unambiguous identification of a natural, legal person or a representative of a legal entity is ensured.

4. What are electronic identification tools?

The information carrier containing the identification data of the person and is used to authenticate the person when providing and / or receiving electronic services.

5. What is an electronic signature?

This is analogous to the signature of an individual in electronic form and is equivalent to it. It serves to identify an individual, is unique and is protected from copying.

6. What is a digital signature / qualified electronic signature?

An enhanced electronic signature that is created using a qualified electronic signature tool and is based on a qualified public key certificate.

7. How and where to get a qualified electronic signature?

To obtain a qualified digital signature, you must contact an accredited key certification center (ADSC). Some banks are ADCS and provide a personal qualified electronic signature. The list of ADSSCs providing such a service is published on the website of the Central Certifying Body of the Ministry of Justice of Ukraine (https://czo.gov.ua/ca-registry).

8. What is BankID?

BankID is a way to verify citizens through Ukrainian banks to provide administrative and other services via the Internet.

9. What is MobileID?

Mobile ID is a service of mobile operators that allows electronic identification of a person to receive various electronic services. The qualified electronic signature of the subscriber is recorded on the new generation SIM-card. This service is provided by mobile operators by replacing the existing SIM card with a new generation SIM card with a built-in qualified electronic signature.

10. What services can be obtained using the Portal of electronic services of the city of Kharkov?

With the help of the Kharkov Electronic Services Portal, you can get the following services:

  • - Order a certificate of registration of the place of residence of the person
  • - Order a certificate of registered persons in a residential area (certificate of family composition)
  • - Order a technical passport in the enterprise "Kharkiv City Bureau of Technical Inventory"

11. What is a certificate of residence registration?

A certificate of residence registration is a document issued by the registration authority to a person upon his request and confirming the registration of the place of residence or place of stay of the person.

12. What is the certificate of persons registered in the dwelling (certificate of family composition)?

Certificate of persons registered in the dwelling (certificate of family composition) is a document issued by the registration authority, or other authorized bodies, at the request of the applicant, whose persons have registered with him at the same address.

13. In what form can I get help with the help of the Portal of electronic services of the city of Kharkov?

With the help of the Portal of electronic services of the city of Kharkov, you can get help in electronic form. Such information, if necessary, can be printed.

14. Is it possible to get a certificate of registration of a place of residence of a person or a certificate of persons registered in a dwelling (certificate of family composition) in paper form?

If necessary, the applicant has the opportunity to receive this certificate in paper form by contacting any of the 11 Centers for the provision of administrative services of the city of Kharkiv or in any of the 66 sites of the municipal enterprise "Zhilkomservis."

15. What is a technical passport in the enterprise "Kharkiv City Bureau of Technical Inventory"?

Technical Passport (Technical Passport) is an information and reference document showing the actual condition of the property, where information on the size, area and number of floors of the building, date of construction, date of major repairs, wall thickness and material from which the walls are made, characteristics of the foundation, roof is recorded. etc. The registration certificate can be manufactured for the whole building, as well as for its part (technical passport of a specific room). This document, ordered via the Kharkov Electronic Services Portal, is issued by the Kharkov City Bureau of Technical Inventory.

16. Who can order a technical passport in the UC "BTI"?

The technical passport in the UC "BTI", with the help of the Portal of electronic services of the city of Kharkov, can be ordered by the owners of real estate, regardless of the registration of the place of residence / stay.

17. How to order a technical passport in the UC "BTI" through the Portal of electronic services of the city of Kharkov?

To order a technical passport at UC BTI through the Kharkiv Electronic Services Portal, you must log in, select a service, fill out a form and attach the necessary documents, then you must pay for the service and come at the appointed time and pick up the finished document to the UC front office BTI.

18. How to verify the authenticity of the certificate obtained using the Portal of electronic services of the city of Kharkov?

To verify the authenticity of the certificate obtained through the Electronic Services Portal of the city of Kharkov, you must scan the QR code in the bottom corner of the certificate itself or enter the number of the certificate in the field located on the Electronic Service Portal of Kharkov in the Search for Help section.

19. What is a QR code?

A QR code is a two-dimensional bar code consisting of points that are recognized by the sensor, converted to binary numbers and converted according to a certain algorithm.

20. How to read a QR code?

Anyone who has a mobile phone with a camera and an installed program for recognizing encrypted information that can be downloaded on the Internet can read the QR code. Also, the QR code can be read using a special scanner connected to the computer on which the corresponding program is installed.

21. Is it possible to present a certificate obtained on the Electronic Services Portal of the city of Kharkov on demand?

Yes. The certificate received by means of the Portal of electronic services of the city of Kharkov is equivalent in its significance to that issued in the Center for the provision of administrative services.

For private notaries

1. Who is an authorized user?

This is an authorized subscriber who, using electronic user identification, accesses the website in order to obtain the relevant certificate from the Registry.

2. How to connect to the Kharkov Electronic Services Portal to a private notary?

In order for a private notary to connect to the Electronic Services Portal of Kharkiv, you must:

  • - Conclude an agreement with the Enterprise "Kharkov Data Center" on the provision of services for connecting to the website "Portal of electronic services of the city of Kharkov"
  • - Need to have a qualified electronic signature
  • - Set up the software remotely or on-site from the “HDC”
  • - Get trained

3. Who enters into a contract for the provision of services for connecting a private notary to the website of the Kharkiv Electronic Services Portal?

The agreement on the provision of services to connect to the website "Portal of electronic services of the city of Kharkiv" is between a private notary and UC "Kharkiv Data Center"

4. Where to get a sample contract for the provision of services to connect to the website "Portal of electronic services of the city of Kharkov"?

To get a sample contract for the provision of services to connect to the website "Portal of electronic services of the city of Kharkiv" you need to contact UC "Kharkiv Data Center" or to the hotline by phone 0-800-304-304, after which specialists UC "HDC" send the contract to a private notary by e-mail.

5. What to do after receiving the contract from UC "HDC" by email??

After receiving the contract from UC "HDC" by e-mail, it must be studied, printed out in duplicate, sign both copies and taken to UC "HDC”

6. Where is the Kharkov Data Center enterprise located?

UC "Kharkiv Data Center" is located at: Kharkov, st. Kontorskaya 35.

7. Who sets up software from private notaries to connect to the Kharkov Electronic Services Portal?

The software of the private notary is set up by the specialists of the enterprise “HDC” This can be done both remotely and on-site specialist in the notary office.

8. Who conducts training of private notaries to work with the Kharkov Electronic Services Portal?

The training of private notaries, in terms of working with the Electronic Services Portal of the city of Kharkov, is carried out by specialists from UC “Kharkov Data Center”

9. What services can get a private notary with the help of the Portal of electronic services of the city of Kharkov?

With the help of the Portal of electronic services of the city of Kharkov, private notaries can receive the following services:

  • - Order a certificate of registration of the place of residence of the person
  • - Order a certificate of persons whose place of residence (stay, residence / stay) is registered at the address of the immovable property together with the person concerned as of a specific date
  • - Order a certificate of persons whose place of residence (stay, residence / stay) is registered at the address of real estate
  • - Order a certificate of residence (stay, residence / stay) of the person
  • - Order a certificate of residence (stay, residence / stay) of the person at the corresponding address of real estate
  • - Order a certificate of registered persons in a residential area (certificate of family composition)
  • - Send a request for a card file on the registration of individuals

10. With the help of the Portal of electronic services of the city of Kharkov, private notaries get services for a fee?

Yes. The cost of one of the services available to a private notary is 83.53 UAH.

For public notaries

1. Who is an authorized user?

This is an authorized subscriber who, using electronic user identification, accesses the website in order to obtain the relevant certificate from the Registry.

2. How to connect to the Kharkov Electronic Services Portal to a notary public?

In order to connect to the Electronic Services Portal of the city of Kharkov, a notary public must:

  • - Conclude an agreement with the Enterprise "Kharkov Data Center" on the provision of services for connecting to the website "Portal of electronic services of the city of Kharkov"
  • - Provide a list of connected notaries and their email addresses in the Enterprise "Kharkiv Data Center"
  • - Need to have a qualified electronic signature
  • - Set up the software remotely or on-site from the “HDC”
  • - Get trained

3. Who concludes an agreement on the provision of services to connect to the website "Portal of electronic services of the city of Kharkov" state notary?

The contract for the provision of services for connecting to the website of the Portal of electronic services of the city of Kharkiv of a notary public is concluded between the head of the notary public office and the enterprise Kharkiv Data Center. This contract is concluded on all public notaries of a particular public notary office.

4. Where to get a sample contract for the provision of services to connect to the website "Portal of electronic services of the city of Kharkov"?

To take a sample contract for the provision of services for connecting to the website of the Kharkiv Electronic Services Portal, you need to contact the head of the notary public office in the Enterprise Kharkov Data Center or to the hotline by calling 0-800-304-304, after which the specialists UC "HDC" send him a contract by e-mail.

5. What to do after receiving the contract from UC "KDC" by email?

After receiving the contract from UC "KDC" by e-mail, it must be studied, printed out in two copies, make a list of connected public notaries, the head of the notary public office to sign both copies and take to UC "KDC".

6. Where is the Kharkov Data Center enterprise located?

UC "Kharkiv Data Center" is located at: Kharkov, st. Kontorskaya 35.

7. Who sets up the software for notaries public to connect to the Kharkov Electronic Services Portal?

The software of public notaries is set up by the specialists of the enterprise "HDC". This can be done both remotely and with the departure of a specialist in a notary public office.

8. Who conducts training of public notaries to work with the Kharkov Electronic Services Portal?

The training of notaries public, in terms of work with the Electronic Services Portal of the city of Kharkov, is carried out by specialists from UC "Kharkov Data Center".

9. What kind of services can a notary public receive with the help of the Kharkov Electronic Services Portal?

With the help of the Electronic Services Portal of the city of Kharkov, notary public can receive the following services:

  • - Order a certificate of registration of the place of residence of the person
  • - Order a certificate of persons whose place of residence (stay, residence / stay) is registered at the address of the immovable property together with the person concerned as of a specific date
  • - Order a certificate of persons whose place of residence (stay, residence / stay) is registered at the address of real estate
  • - Order a certificate of residence (stay, residence / stay) of the person
  • - Order a certificate of residence (stay, residence / stay) of the person at the corresponding address of real estate
  • - Order a certificate of registered persons in a residential area (certificate of family composition)
  • - Send a request for a card file on the registration of individuals

10. With the help of the Kharkov Electronic Services Portal, notary publics receive services on a paid basis?

No. Notaries public make transactions for free.

For judges

1. Who is an authorized user?

This is an authorized subscriber who, using electronic user identification, accesses the website in order to obtain the relevant certificate from the Registry.

2. How can a judge connect to the Kharkiv Electronic Services Portal?

In order to connect a judge to the Kharkiv electronic services portal, you must:

  • - Conclude an agreement with the Enterprise "Kharkov Data Center" on the provision of services for connecting to the website "Portal of electronic services of the city of Kharkov
  • - Provide a list of connected judges and their e-mail addresses in UC "Kharkov Data Center"
  • - Have a qualified electronic signature for each connected judge
  • - Set up the software remotely or on-site from the “KDC”
  • - Get trained

3. Who concludes an agreement on the provision of services for connecting to the website "Portal of electronic services of the city of Kharkov" judges?

The agreement on the provision of services to connect to the website "Portal of electronic services of the city of Kharkov" judge is between the Territorial Administration of the State Judicial Administration and the UC "Kharkov Data Center". This agreement is concluded for judges, the list of which is included in this agreement.

4. Where to get a sample contract for the provision of services to connect to the website "Portal of electronic services of the city of Kharkov"?

To get a sample contract for the provision of services for connecting to the website of the Kharkiv Electronic Services Portal, you must contact the Territorial Administration of the State Judicial Administration in the Enterprise Kharkov Date Center or call the hotline at 0-800-304-304, after Which specialists UC "KDC" send him a contract by e-mail.

5. What to do after receiving the contract from UC "KDC" by email?

After receiving the contract from UC "KDC" by e-mail, it must be studied, printed out in two copies, make a list of connected judges, the head of the Territorial Administration of the State Judicial Administration sign both copies and take to UC "KDC".

6. Where is the Kharkov Data Center enterprise located?

UC "Kharkiv Data Center" is located at: Kharkov, st. Kontorskaya 35.

7. Who sets up the software of the judges to connect to the Portal of electronic services of the city of Kharkov?

The software of the judges is set up by the specialists of the CPD. This can be done both remotely and with the departure of a specialist at the workplace of a judge.

8. Who conducts training of judges to work with the Portal of electronic services of the city of Kharkov?

The training of judges, in terms of working with the Electronic Services Portal of the city of Kharkov, is carried out by specialists from UC "Kharkiv Data Center".

9. What services can a judge receive with the help of Kharkov Electronic Services Portal?

With the help of the Electronic Services Portal of the city of Kharkov, notary public can receive the following services:

  • - Order a certificate of registration of the place of residence of the person
  • - Order a certificate of persons whose place of residence (stay, residence / stay) is registered at the address of the immovable property together with the person concerned as of a specific date
  • - Order a certificate of persons whose place of residence (stay, residence / stay) is registered at the address of real estate
  • - Order a certificate of residence (stay, residence / stay) of the person
  • - Order a certificate of residence (stay, residence / stay) of the person at the corresponding address of real estate
  • - Order a certificate of registered persons in a residential area (certificate of family composition)

10. With the help of the Kharkiv Electronic Services Portal, do judges receive services on a paid basis?

No.Judges make transactions for free.

For utilities and goverment agencies

1. Who is an authorized user?

This is an authorized subscriber who, using electronic user identification, accesses the website in order to obtain the relevant certificate from the Registry.

2. How to connect to the Electronic Services Portal of the city of Kharkov utilities and government agencies?

In order to connect to the Electronic Services Portal of the city of Kharkiv, a utility or government agency must:

  • - Send a letter to the Kharkiv City Council Registration Department, addressed to the Director, on agreement on connecting employees of a utility company or government agency to the Kharkiv Electronic Services Portal with a reason to connect to this website
  • - After agreement, conclude an agreement between the utility company or a state institution and the UC "Kharkiv Data Center" on the provision of services for connecting to the website "Portal of electronic services of the city of Kharkiv"
  • - Provide a list of connected employees and their e-mail addresses in UC "Kharkiv Data Center"
  • - Have each person connected to a qualified electronic signature
  • - Set up the software remotely or on-site from the “KDC
  • - Get trained

3. Who concludes an agreement on the provision of services for connecting employees of a utility company or a government agency to the “Kharkiv Electronic Services Portal” website?

The contract for the provision of connection services to the website of the Kharkiv Electronic Services Portal of employees of a utility company or government agency is concluded between such a utility company or government agency and UC Kharkiv Data Center after agreeing such connection with the Department of Registration of the Kharkiv City Council. This contract is for employees listed in this contract.

4. Where to get a sample contract for the provision of services to connect to the website "Portal of electronic services of the city of Kharkov"?

To take a sample contract for the provision of services to connect to the website "Portal of electronic services of the city of Kharkiv" you need to contact UC "Kharkiv Data Center" or to the hotline by calling 0-800-304-304, after which the specialists of UC "KDC" send the contract to the email address.

5. What to do after receiving the contract from UC "KDC" by email?

After receiving the contract from UC "KDC" by e-mail, it must be studied, printed in two copies, make a list of connected employees, the director of the utility or government agency sign both copies and take to UC "KDC".

6. Where is the Kharkov Data Center enterprise located?

UC "Kharkiv Data Center" is located at: Kharkov, st. Kontorskaya 35.

7. Who sets up software for employees of a utility company or a government agency to connect to the Electronic Services Portal of the city of Kharkov?

The software of employees of a utility company or a state institution is set up by the specialists of the enterprise “KDC” This can be done both remotely and with the departure of a specialist at the workplace of a judge.

8. Who conducts training of employees of a utility company or a state institution to work with the Electronic Services Portal of the city of Kharkov?

The training of employees of a utility company or a state institution, in terms of working with the Electronic Services Portal of the city of Kharkov, is conducted by specialists from UC "Kharkiv Data Center".

9. What services can an employee of a utility or government agency receive with the help of the Kharkov Electronic Services Portal?

With the help of the Kharkov Electronic Services Portal, employees of a utility company or government agency can receive the following services:

  • - Order a certificate of registered persons in a residential area (certificate of family composition) at the request of the applicant
  • - Order a certificate of persons registered in the dwelling (certificate of family composition) without the applicant's request

10. With the help of the Kharkov Electronic Services Portal, do the employees of a utility company or a government agency receive services on a paid basis?

No. An employees of a utility or government agency make transactions for free

Questions arising in the field of public registration of legal persons and physical persons-business

As for individual enterpreneurs

1. Where to contact a private limited liability company, whose place of residence is the ATO zone?

In accordance with the Order of the MJU No. 3359/5 dated November 25, 2013, the state registration of individuals - entrepreneurs is carried out regardless of their place of residence within Ukraine.

Executive bodies of local councils, as well as city, district state administrations (in case of adoption by the relevant council of decisions on granting such powers), notaries, accredited subjects.

Registration of the termination of business activity for persons who have moved from the territory of an anti-terrorist operation during its implementation, shall be performed by the state registrar at the address of their temporary residence.

2. The method of submitting documents of the Entepreneur, whose place of residence is the ATO zone

In paper form, documents are filed in person or by letter of attorney, or by post.

In case of submission of an application for state registration by post, the authenticity of the signature of the applicant must be notarized.

3. What list of documents is necessary for the state registration of the entepreneur?

  • - Statement on the state registration of an individual entrepreneur
  • - Application for the election of a simplified tax system by a natural person and / or a registration application for voluntary registration as a value added tax payer in the form approved by the central executive authority, which ensures the formation of a state tax and customs policy, – at the request of the applicant
  • - Notarized written consent of parents (adopters) or trustee or body of guardianship and guardianship - for an individual who has attained the age of sixteen and has a desire to engage in entrepreneurial activity but does not have full civil capacity (Article 34.3 of the CC)
  • - A contract (declaration) on the establishment of a family farm - in the case of state registration of an individual who, on his own or with family members, creates a family farm in accordance with the Law of Ukraine "On Farmers"

If the documents are filed in person, the applicant submits a document that according to the law identifies the person.

In the case of submission of documents, a copy of the original (notarized copy) of the document confirming his authority is additionally submitted by the representative (except in cases where the information about the powers of this representative is contained in the Unified State Register of Legal Entities, individuals - entrepreneurs and public formations).

4. Is there an administrative fee for state registration of an enepreneur?

State registration of the FOP is free of charge.

State registration of termination of entrepreneurial activity of the individual entepreneur is free of charge.

State registration of changes to the information about individual entepreneur - for a fee (for state registration of changes in information about the surname, name, patronymic or location of the individual entrepreneur).

Recipient

  • Kharkiv
  • Kharkiv
  • 22012300

Recipient Code (EDRPOU)

37999649

Bank of the recipient

Treasury of Ukraine (EAP)

Bank code (MFO)

899998

Account number

31411501020002

Code of classification of budget revenues

22010300

Administrative fee for state registration of changes in information about the surname, name, patronymic or the location of an individual entrepreneur

Payment amount — 190 UAH
75% electronic registration — 150 UAH
30% error correction — 60 UAH

5. What kind of change is necessary for the state registers to get to the IE?

  • - Statement on state registration of changes in information about an individual entrepreneur contained in the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations
  • - Document on payment of an administrative fee - in the case of state registration of changes in information about the surname, name, patronymic or the location of an individual entrepreneur
  • - A copy of the certificate on changing the registration number of the registration card - in case of making changes related to changing the registration number of the taxpayer's account card
  • - Copy of the first page of the passport and the page with the marking of the right to make any payments for the series and passport number - in case of changes related to the change of the series and passport number - for individuals who, because of their religious beliefs, have refused to accept the registration number of the taxpayer's account card, has been informed by the relevant supervisory authority and has a note in the passport about the right to make payments in a series and a passport number
  • - Agreement (declaration) on the establishment of a family farm - in the case of the creation of a private individual - an entrepreneur of a family farm in accordance with the Law of Ukraine "On Farmers"
  • - A treaty (declaration) on the creation of a family farm in a new version - in case of amendments introduced in the contract (declaration) on the establishment of a family farm

If the documents are filed in person, the applicant submits a document that according to the law identifies the perso.

In the case of submission of documents, the representative shall additionally submit a copy of the original (a notarized copy) of the document confirming his authority (except in cases where the information about the powers of this representative is contained in the Unified State Register of Legal Entities, individuals - entrepreneurs and public formations)

6. What is the transfer of documents necessary for the implementation of the state registration of the primary business support of the IE for the pricing?

Statement on state registration of termination of entrepreneurial activity of an individual entrepreneur in her decision.

If the documents are filed in person, the applicant submits a document that according to the law identifies the person.

n the case of submission of documents, the representative shall additionally submit a copy of the original (a notarized copy) of the document confirming his authority (except in cases where the information about the powers of this representative is contained in the Unified State Register of Legal Entities, individuals - entrepreneurs and public formations)

7. What list of documents is necessary for the state registration of the termination of business activity of the IE in case of its death?

A photocopy of the certificate of the death of an individual, a court decision on the recognition of a physical person is missing in the case of state registration of the termination of entrepreneurial activity of an individual - an entrepreneur in connection with her death, recognition as missing or declaring dead.

8. Is the signature of the applicant subject to a notary certification subject to the submission of documents by post?

P. 5 of Part 1 of Art. 15 of the Law of Ukraine "About the State Registracy" at the time of the application, filed a request for the State Registry, let us send the information to the applicant to the complainant's name, but notarially committed.

9. Where to contact a private limited liability company registered and / or suspended until July 1, 2004, if the information about it is not contained in the USR??

Information about legal entities, individuals-entrepreneurs and public formations registered and / or discontinued before 01.07.2004 and not included in the Unified State Register of Legal Entities, Individuals-Entrepreneurs and Public Formations is received in the executive body, in which the state registration was conducted.

In case if the IE is registered before 01.07.2004 and the business activity is not terminated, it is necessary to conduct a state registration of the inclusion of the information in the USR.

10. What is the list of documents necessary for the state registration of the inclusion of information about the IE, registered before July 1, 2004, which information is not contained in the USR?

Statement on the state registration of the inclusion of information on the individual entrepreneur in the Unified State Register of Legal Entities, individuals - entrepreneurs and public formations.

If the documents are filed in person, the applicant submits a document that according to the law identifies the person.

In the case of submission of documents, a copy of the original (notarized copy) of the document confirming his authority is additionally submitted by the representative (except in cases where the information about the powers of this representative is contained in the Unified State Register of Legal Entities, individuals - entrepreneurs and public formations).

11. How to get an extract from the USR?

Order of the MJU dated June 10, 2016, No. 1657/5.

Apply

  • - A request of an individual or legal entity who wishes to receive an extract from the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations, or an authorized person, to a state registration entity, an accredited entity;
  • - A document confirming the payment of the relevant information

A document certifying the identity of the applicant (authorized person) is presented.

In the case of filing a request, an authorized person shall submit a document confirming his authority.

In electronic form, the request is submitted through the portal of electronic services.

Fee for extraction of the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Formations in paper form - UAH 100.

Recipient

  • Kharkiv
  • Kharkiv
  • 22012700

Recipient Code (EDRPOU)

37999649

Bank of the recipient

Treasury of Ukraine (EAP)

Bank code (MFO)

899998

Account number

34310300041517

Code of classification of budget revenues

22012700
In electronic form, a fee of 75 percent of the fee, set for providing the extract in paper form, is charged.

12. Is administrative fee provided when making amendments to the USRD to bring the information to the Law of Ukraine "On the Conviction of the Communist and National-Socialist (Nazi) Totalitarian Regimes in Ukraine and the Prohibition of the Promotion of Their Symbols" in accordance with the Law of Ukraine No. 317-VIII of April 9, 2015?

Free of charge.

13. Bodies submitting documents for state registration

Center for Provision of Administrative Services in Kharkiv - 61010, Kharkiv, Gimnazicheskaja naberezhnaja, 26.

Regional Center of Services - 61121, Kharkov, Traktorostroitelei ave., 144.

The territorial unit of the Center for the provision of administrative services of the Shevchenkivskyi district: - Kharkiv, Nauky ave., 17th.

Territorial unit of the Center for the provision of administrative services of Novobavarsky district: - Kharkiv, st. Poltavskiy shlyakh, 11.

Territorial unit of the Center for the provision of administrative services of the Kievskij dictrict: - Kharkiv, st. Chernyshevskaya, 55.

Territorial unit of the Center for the provision of administrative services to the Slobodsky District: - Kharkiv, st. Plekhanivska 42

The territorial unit of the Center for the provision of administrative services in the Kholodnogorskij district: - Kharkiv, st. Blagivishenska, 34.

The territorial unit of the Center for the Provision of Administrative Services of the Moscowskij district: - Kharkiv, st. Yurievskaya, 13.

The territorial division of the Center for the Provision of Administrative Services of the Industrialnij District: - Kharkiv, architect Aleshin Ave., 11.

The territorial unit of the Center for the Provision of Administrative Services of the Nemyshlyan District: - Kharkiv, Petro Grigorenko Ave., 17.

The territorial unit of the Center for the provision of administrative services in the Osnovjanskij district: - 61200, Kharkiv, st. Bogdan Khmelnitsky, 11.


Communal enterprise "Kharkiv City Office of Technical Inventory" of the Kharkiv City Council, 61003, Kharkiv, Maydan Pavlovsky, 1/3


Notaries

Regarding legal persons

1. Who is the applicant and what documents are submitted in case of withdrawal of a participant from the founders of the LLC / ALC?

The new law clearly separated the order of action and the package of documents submitted in the event of the party's withdrawal (with the payment of the company's property value and the portion of profit that is proportional to its share in the authorized capital) and in case of transfer of the share (part of the share) of the authorized capital.

In case of a participant's departure:

The applicant is the person who comes in (her representative).

A documents:

  • - An application for state registration of changes
  • - A payment receipt AF
  • - An application for withdrawal, the authenticity of the signature on which is certified notarially (original) - Part 5 of Article 17 of the Law "On State Registration"
  • - A power of attorney, if the representative acts (the original or notarized copy)
  • - A statements of consent of other participants, if a participant who owns a share that exceeds 50% (one can from each other separately, can be one from all other participants), notarized (original) - Part 5 of Article 17 of the Law "On State Registration".

To determine the size of AF, calculate the number of statements to be sent: the applicant, the LLC, the previous members, the new participants.

Warning! No representation is required for the registration of a notarized copy of the application for withdrawal, only the original is provided..

Warning! When the participant leaves the LLC / ALC, the authorized capital is subject to mandatory reduction on the share of the participant who has left. Other participants of the LLC / ALC, at the same time, can not take any measures to prevent the reduction of the authorized capital.

In case of transfer of a share (part of the share) of the authorized capital:

Applicant - a person who has acquired a share (a part of the share), or the person who passed it (their representatives).

A documents:

  • - An application for state registration of changes;
  • - A payment receipt AZ
  • - An act of acceptance-transfer of a share, notarized (original)
  • - A power of attorney, if the representative acts (original or notarized copy)

To determine the size of AF, calculate the number of statements to be sent: the applicant, the LLC, the previous members, the new participants.

2. Calculation of the amount of administrative fee when registering changes to the information of the Unified State Register, related to changes in the composition of members of a limited liability company or an additional liability or a change in the size of their shares.

In accordance with Part 4 of Art. 25 of the Law "On State Registration" (in the new wording) on the day of the state registration of changes to the data of the USR related:

  • a. with a change in the membership of the partnership
  • б. or by changing the size of their shares, the subject of the state registration must issue (send by post with the description of the attachment) an extract from the USR:
    • - the applicant
    • - partnership
    • - persons who were mentioned in this register as members of the partnership prior to registration
    • - persons who are listed on this register as members of the company after registration

If the subject of the state registration is known to the e-mail of the persons to whom this statement is sent, he shall also send a copy of the extract to the specified persons by e-mail on the same day

According to paragraph 8 of Part 1 of Article 36 of the Law "On State Registration", if, in accordance with part four of Article 25 of the Law, certain persons must be sent an extract from the Uniform State Register, the amount of administrative fee is increased by the production of 0.01 living wage for able-bodied persons and the number of such persons.

To determine the size of AF in this case, the formula should be:
=576,3+(0,01*1921*х), where:
576,3 — the size of AF according to Art. 36 Law "On State Registration"; ;
0,01 — the rate at which the size of the AF increases (in accordance with paragraph 8 of Part 1 of Article 36, Article 25 of the Law "On State Registration"));
1921 — the subsistence level for able-bodied persons as of January 1, 2018 (changes each year);
х — the number of extracts to be issued (to be sent): to the applicant, the LLC, to the previous participants, to the new participants and to the participants who remain in the LLC / ALC.

Note that if you make rounded values, then there will be a different amount of AZ, so there should be an uncorrected amount.

3. Is there a limited number of participants in LLC / ALC?

No, since 17.06.2018, the number of participants in the LLC / ALC is not limited.

In addition, we note that Article 141 was deleted from the Civil Code of Ukraine, which provided that:

  • - a limited liability company can not have a single participant in another economic partnership with which one person is a participant
  • - a person may be a member of only one limited liability company with one participant

As of today, there is no such restriction.

4. Can the applicant present as a document establishing a person passport of a citizen of Ukraine for traveling abroad?

New edition of Part 2 of Art. 14 of the Law "On State Registration", which came into force on 17.06.18, provides for the possibility of presenting a document that, according to the law, certifies its identity

For state registration, any of the documents specified in part 1 of Article 13 of the Law "On the Uniform State Demographic Registry and documents confirming the citizenship of Ukraine, certifying a person or its special status" may be adopted for the identification of the applicant.

5. Should the participants register the changes to the statutory documents within three days from the date of the general meeting?

No, there are no restrictions for making any changes in the three-day period.

A three-day term remained for the state registration of a decision to terminate a legal entity (Article 105 of the Civil Code of Ukraine).

6. Are notarial certification of the signature subject to the decision of the general meeting of founders when creating a partnership?

No, the authenticity of the signature of the founders in the decision to establish a partnership is not required.

At the same time, the law retained the requirement to verify the authenticity of the signatures of the founders when creating the LLC / ALC by merging, dividing, transforming, separating..

7. Are notarial certification of the signature of the Statute subject to the establishment of LLC / ALC?

Thus, from June 17, 2018, in accordance with Part 2 of Article 11 of the Law "On LLC and ALC", the first version of the company's charter is signed by all members of the company. The authenticity of the signatures of the participants is certified notarially.

8. Are notarial certification of the signature on the decision of the general meeting of founders subject to changes in the data in the URE, including if this involves the introduction of amendments to the Statute?

In accordance with Clause 6, Clause 1 of Article 15 of the Law "On State Registration" (which remains unchanged), the decision of the authorized body of management of a legal entity must be executed in accordance with the requirements established by law and comply with the law.

The decision of the authorized body of management of a legal entity submitted for the state registration of changes in the information about a legal entity contained in the Unified State Register is set out in writing, stipulated, numbered and signed by the founders (participants) authorized by them or by the chairman and secretary of the general meeting (in the case of making such a decision by the general meeting). The authenticity of signatures on such a decision is notarized, except in cases stipulated by law.

According to Part 4 of Article 17 of the Law "On State Registration" for the state registration of changes in information about a legal entity contained in the Unified State Register, including changes to the constituent documents of a legal entity, except for changes to the information provided for in part n ' A copy of the original (notarized copy) of the decision of the authorized body of management of a legal entity regarding changes that are introduced into the Unified State Register, except for:

  • - making changes to the information on the ultimate beneficial owners (controllers) of a legal entity, including the ultimate beneficiary owners (controllers) of its founder, if the founder is a legal entity,
  • - Про місцезнаходження та про здійснення зв’язку з юридичною особою

According to Part 5 of Article 17 of the Law "On State Registration": the authenticity of the signatures of the participants who voted for the decisions specified in subparagraphs "a" and "b" of this part, is certified notarially:

  • - decision of the general meeting of the members of the company on determining the size of the authorized capital and the size of the participants' shares
  • - decision of the general meeting of the members of the company on the exclusion of the participant from the partnership

Please note that in these two cases only the original decision of the general meeting is submitted for state registration. In all other cases (for example, when changing the type of economic activity, changing the manager and composition of the signatories, changing the information about the participants, etc.), an original or a notarized copy of the decision may be submitted

It is imperative to check the procedure for making a decision under the current Statute, since the Law "On LLC and ALC" determines the possibility of establishing a special voting order by the Charter. The notion of "quorum" is also absent in the new "About LLC and ALC".

9. Are the signatures of the participants in the Statute subject to notarial certification subject to amendments and its revision in the new wording?

In accordance with Part 3 of Art. 11 ЗУ "About LLC and ALC" changes to the company's charter and the first version of the company's charter created as a result of the reorganization shall be signed:

  • - the members of the company who voted for the decision to make such amendments or to approve the first version of the charter,
  • - or by a person authorized to do so by the authority that has made such a decision, if provided for by the charter.

The authenticity of the signatures of the participants or the authorized person is certified by a notary public.

We draw your attention to the fact that this law does not stipulate the signing of the Charter (including the new edition) by the Chairman and the secretary of the general meeting, but only ONLY (in singles). In addition, a person authorized by the authority that has made such a decision may sign a new version of the Statute only if this is provided for by the previous Statute.

We believe that if a representative acts as a power of attorney for a participant, he may sign a new version of the Statute if this authority is contained in the power of attorney (or is seen from the powers vested in the power of attorney).

10. Can the participant participate in the general meeting of participants in absentia?

According to Art. 25 of the Law "On LLC and ALC" a participant of a company may take part in the general meeting of participants by submitting his or her will to vote on agenda items in writing (absentee voting). The authenticity of the signature of the participant of the partnership on such a document is certified by a notary public.

The vote of the participant of the company is counted on the results of voting on each separate issue, if the text of the document allows determining its will for unconditional voting for or against the corresponding decision on the agenda item. Such a document shall be attached to the minutes of the general meeting of the participants and shall be kept with it.

It is believed that such a document will be a statement, the signature of which is certified notarially.

11. Can I register a limited liability company that intends to use a model statute?

Separate provisions of the model statute, approved by the Cabinet of Ministers of Ukraine Resolution "On Approval of the Model Statute of a Limited Liability Company" dated November 16, 2011, No. 1182, contradict the new law, therefore all model statutes adopted before 16/06/2018 remain valid.

From 17.06.2018, registration of the creation of a limited liability company, which will carry out activities on the model statute, can not be made until the changes to the above-mentioned resolution of the Cabinet of Ministers of Ukraine (refusal - on the basis of violation of the order of creation) can not be registered. Similarly, it is impossible to conduct a state registration of the transition to activities from its own statute to the model.

However, if for the state registration of changes the LLC, working on the model statute, is being applied, the state registrar has no grounds for refusal to register.

12. Is it possible to make state registration of changes to information about companies working on the model statute?

hus, the state registrar has no reason to refuse to make changes to the data in the USR for such companies only through a model statute.

13. From what date can you begin to register the formation of a company in accordance with the rules of the Law of Ukraine "About LLC and ALC?"

The last day of registration of the formation of societies under the old Law - 16.06.2018, taking into account the provisions of the new Law of Ukraine "On LLC and ALC" registration will be made from 17.06.2018.

14. Is it necessary to make changes to the charter of LLC or ALC when changing the membership of the company?

In accordance with paragraph 5 of Article 11 of the Law of Ukraine "On LLC and ALC" in the company's charter the information about:

  • - full and abbreviated (if any) name of the company;
  • - the authorities of the company's management, their competence, the procedure for making decisions;
  • - the procedure for entering and leaving the partnership

In the event that the charter does not contain information about the composition of the participants, it is not necessary to make changes to the statute in case of change of participants.

If there are previous participants - the registrar has no authority to compel the participants to lay the Statute in a new wording for this reason.

Note that according to the requirements of Art. 82 GCU, which remains valid, information on the founders and the size of their shares in the authorized capital is mandatory. However, amendments were made to Article 79 of the Commercial Code of Ukraine, according to which the procedure for the establishment and operation of certain types of business associations is regulated by law.

15. What bodies are created in the company?

In accordance with Articles 28, 39 of the Law of Ukraine "On LLC and ALC" the bodies of the company are:

  • - general meeting of participants
  • - supervisory board (in the case of education);
  • - executive body - director (or other name provided by the charter) / directorate (or other name provided by the charter)

16. What is the procedure for the implementation of Article 24 of the Law of Ukraine "On LLC and ALC" about the withdrawal of a member from the partnership (without the transfer of shares)?

When registering a participant's participation in the company, first of all, the state registrar should pay attention to the size of the share of such participant, because:

  • - if his share in the authorized capital of the company is less than 50%, the participant may leave at any time without the consent of other participants (Part 1 of Article 24 of the Law of Ukraine "On LLC and ALC"). In this case, according to p. "g" p. 3 ch. 5 tbs. 17 of the Law of Ukraine "On State Registration of Legal Entities, Individuals-Entrepreneurs and Public Formations", for the state registration of changes to the information on the composition of participants, an application is filed for withdrawal from the partnership. The authenticity of the signatures in the said application is certified by a notary public.
  • - if his share in the authorized capital of a company is 50% or more, the participant may withdraw from the partnership with the consent of other participants (Part 2 of the Law of Ukraine "On LLC and ALC"). In this case, according to p. "g" p. 3 ch. 5 tbs. 17 of the Law of Ukraine "On State Registration of Legal Entities, Individuals-Entrepreneurs and Public Formations", for the state registration of changes to the information about the composition of participants, an application is made for the withdrawal from the partnership, the authenticity of the signatures on the said application is certified notarially. Also, the consent of other participants for the withdrawal from the partnership is required, the authenticity of the signatures on which is certified notarially

A decision to grant consent to a member of a partnership may be taken within one month from the date of submission by the participant of the application, unless another term is stipulated by the charter (Part 3 of Article 17). If other members of the partnership are required to leave the participant, he may withdraw from the partnership within one month from the date of such consent by the last participant, unless a shorter term is determined by such consent (Article 4, Article 17).


An application for removal from a partnership is filed by a participant who leaves the partnership, or his successor (Article 6, Article 17). A notice of withdrawal from the partnership shall be filed by the participant who withdraws from the partnership or its heir or successor (Article 6, Article 17).

In the case of state registration of changes to the information of the Unified State Register regarding the withdrawal of a participant (heir or successor) of a company, the state registrar simultaneously makes a record of reduction of the authorized capital by the size of the corresponding share (part of the share) in the authorized capital (Part 3 of Article 25 of the Law Of Ukraine "On State Registration of Legal Entities, Individuals-Entrepreneurs and Public Formations"). This requirement does not apply if a limited liability company that acquires a share (a part of a share) in its authorized capital, together with a statement on state registration, will provide a certificate on the formation of reserve capital at a rate which, according to the law, permits holding a share (a part of the share ) in its authorized capital.


On the day of the state registration of changes to the information of the Unified State Register related to the change of the membership of the company, the subject of the state registration shall issue (send by post with the description of the investment) an extract from the Uniform State Register to the applicant, the partnership, the persons who were specified in this register as members of the company before the registration action, and those persons who are listed in this register as members of the company after the registration action. If the subject of the state registration is known to the e-mail of the persons to whom this extract is sent, on the same day, he also sends a copy of the extract to the specified persons by e-mail (Article 4, Article 25 of the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and public formations ").

17. Peculiarities of the application of Article 21 of the Law of Ukraine "On LLC and ALC" (regarding the authentication of signatures in the acts of receipt-transmission)..

Article 21 of the Law of Ukraine "On LLC and ALC" regulates the procedure for the alienation of a share in the authorized capital of a partnership to other members of the company or third parties, but does not contain norms for signing of acceptance-transfer acts to purchase and sale contracts, whereas for the state registration an act of admission- the transfer, on which the signatures are certified by a notary (paragraph 5 of the Final and Transitional Provisions of the Law of Ukraine "On LLC and ALC").

o comply with this norm, pp. 3 p. 6 of the Transitional Provisions amends Part 1 of Art. 78 of the Law of Ukraine "On the notary", namely: the words "the content of which does not contradict the law and which are not of the nature of the agreements and do not contain information defaming the honor and dignity of a person" are replaced by the words "except those which, in accordance with the law or for the requirement of the parties subject to a notarial certificate ".

According to Part 1 of Art. 21 of the Law of Ukraine "On LLC and ALC" a participant of the company has the right to alienate its share (a part of the share) in the authorized capital of the company, free of charge or free of charge to other members of the partnership or third parties. This norm does not contain any specific requirements for documents that must be drawn up in connection with the alienation of a share in the authorized capital. Accordingly, the participant who alienates his share and the person who purchases such a share will make documents that correspond to the legal relationship between them (the contract of sale, the gift contract, etc.).

In this case, the parties are not limited in the right to make any other additional documents. As the Law of Ukraine "On the State Registration of Legal Entities, Individuals-Entrepreneurs and Public Formations" contains a direct demand for submission to the state registrar of an act of acceptance-transfer of a share in the authorized capital of the company for the registration of changes to the information about the composition of the members of the partnership, then such an act must be drawn up obligatory. The authenticity of the signatures in the act is certified notarially.

The authenticity of the signatures is certified by a notary in accordance with the requirements of Chapter 6, Chapter 7, Section II of the Procedure for the performance of notarial acts by notaries of Ukraine, approved by the order of the Ministry of Justice of Ukraine No. 296/5 dated 22.02.2015. The authenticity of the signatures on the act of acceptance-transfer of the share in the authorized capital of the company is carried out without the use of special forms of notarial documents (Clause 1 of Chapter 9 of Section I of the Procedure for the performance of notarial acts contains a list of documents, the texts of which are set out on special forms, the act of acceptance-transfer to the specified list do not go in)

However, the foregoing does not mean that the parties should not enter into any agreements between themselves, since the alienation of a share can only take place on the basis of a contract (agreement), which the act is not. The act is only a derivative of the contract, which confirms the commission of actions on the basis of the transaction. But the state registrar does not submit such a contract.

18. Requirements to the content of the company's charter are set forth in paragraph 5 of Art. 11 of the Law "On LLC and ALC", while it is not provided for the mandatory inclusion in the statute of information about the composition of the founders.

However, in accordance with the Final and Transitional Provisions of the Law "On LLC and ALC", Article 17 of the Law of Ukraine "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Formations" is supplemented with Part 5, which establishes the list of documents that are submitted for the state registration of changes in information on the size of the authorized capital, the size of the shares in the authorized capital or the composition of the members of the company. The statute is not included in the specified list of documents.

A participant is considered to be withdrawing from the partnership from the date of the state registration of his withdrawal. However, in the case of indicating the composition of the participants in the wording of the statute placed in the Unified State Register of Legal Entities, individuals-entrepreneurs and public formations, there will be a discrepancy between the information specified in the statute and the actual membership of the participants. .

How to register in this case?

On this occasion, the following should be noted.

From the analysis of the provisions of paragraphs 3 and 5 of the Final and Transitional Provisions of the Law on LLC and ALC it follows that in fact the companies were granted a term of one year to bring their statutes in accordance with the specified law, in particular:

"3. Within a year from the date of entry into force of this Law, the provisions of the charter of a limited liability company, an additional liability partnership that are not in accordance with this Law, shall be in force in so far as it conforms to the law as of the date of entry into force of this Law. making amendments to the charter of a limited liability company, an additional liability partnership ".

"5. Limited Liability Companies and Companies with Additional Liability are exempt from payment of an administrative fee for the registration of changes to the charter of a company in connection with bringing it in compliance with this Law within one year from the date of entry into force of this Law."

Part 5 of Article 11 of the Law "On LLC and ALC" provides for a list of information that must be contained in the charter: full and abbreviated (if any) name of the company; the authorities of the company's management, their competence, the procedure for making decisions; the procedure for entering and leaving the partnership.

After the enactment of the Law "On LLC and ALC" came into force, a number of changes were made to Article 17 of the Law of Ukraine "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Formations". Consider those provisions that relate to the situation described in the question.

Item 8 of Paragraph 4 of Article 17:
"4. For the state registration of changes in information about a legal entity contained in the Unified State Register, including changes to the constituent documents of a legal entity, except for changes to the information provided for in paragraph five of this article, the following documents are submitted: 8) the constituent document of the legal entity in the new wording - in case of amendments introduced in the constituent document ".

Part 5 of Article 17 of the Law of Ukraine "On State Registration of Legal Entities, Natural Persons - Entrepreneurs and Public Formations", in its turn, concerns the list of documents submitted for state registration of changes to information on the size of the authorized capital, the size of the shares in the authorized capital or warehouse members of the society. The statute is not included in this list.


Thus, the analysis of the above-mentioned norms of the Law "On LLC and ALC" and the Law "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Formations", gives an opportunity to reach the following conclusion.

The companies have been given one year to bring constituent documents into conformity with the current legislation.

The state registrar has no grounds for refusing registration of changes in the membership or the size of the authorized capital, unless a new version of the charter is submitted.

At the same time, such societies very quickly face the need to have an actual content of the statute.

It should be remembered that if the company wishes to register the Charter in the new wording and at the same time to change the composition of the founders, this should be done by separate registration actions stipulated by various norms of the Law of Ukraine "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Formations" namely Paragraphs 4, 5 of Article 17, because at the same time:

  • - a different applicants (charter - LLC, change of composition - one of the participants coming out or coming up)
  • - a different AF (for bringing the statute in accordance with the legislation LLC is exempt from AF)
  • - a different package of documents is served;
  • - a different form and send an extract

It should also be noted that the new version of the Statute does not prohibit the use of the composition of the founders or other optional information.

19. Do I need to send extracts from USR on the results of registration actions?

In accordance with Part 4 of Art. 25 of the Law "On State Registration" (in the new wording) on the day of the state registration of changes to the data of the USR related:

  • - with a change in the membership of the partnership,
  • - or by changing the size of their shares, the subject of the state registration must issue (send by post with the description of the attachment) an extract from the USR:
    • - the applicant,
    • - partnership,
    • - persons who were mentioned in this register as members of the partnership before the registration action,
    • - persons who are listed on this register as members of the company after registration

If the subject of the state registration is known to the e-mail of the persons to whom this statement is sent, he shall also send a copy of the extract to the specified persons by e-mail on the same day.

20. Is the corporate registrar or a contract for the establishment of LLC / ALC submitted to the state registrar?

No, these contracts are not included in the package of documents submitted for registration of creation of LLC / ALC or making changes to the information about it to the USR. Also, the Law "On LLC and ALC" does not stipulate requirements for the mandatory notarization of such agreements.

21. If the founder makes a share in the charter capital in the form of immovable property, is this indicated in the Statute?

This is not information that must be specified in the Articles of Association in accordance with Article 5 (5) of the Law "On LLC and ALC".

22. Features of the content of the power of attorney on the representation of the participant in the general meeting.

Pay attention to Part 5 of Art. 33 Law "About LLC and ALC": decisions on issues not included in the agenda of the general meeting of participants shall be accepted only on condition that they are attended by all the members of the partnership who have unanimously agreed to consider such issues. The power of attorney for the power of attorney to grant such consent must be specifically mandated.

23. Should an authorized person submit an original or a notarized copy of the document to which she is authorized, since Articles 17 and 18 exclude the provision in this regard?

No, the requirement to submit such a document remained in Art. 14 of the Law "On State Registration" (in the new wording):

"2. If the documents are filed in person, the applicant submits a document that according to the law identifies the person.

In the case of submission of documents, the representative shall additionally submit a copy of the original (notarized copy) of the document confirming his authority (except in cases where the information about the powers of this representative is contained in the Unified State Register).”

24. Is there a restriction that the director can not be elected chairman of the general meeting of the company?

Such restriction was set forth in Part 6 of Art. 62 Law "On Business Associations".

At the same time, in clause 2 of the Transitional Provisions of the Law "On LLC and ALC" it is specified "to declare the Law of Ukraine" On Business Associations "as ineffective, (Vedomosti Verkhovnoyi Rady Ukrainy, 1991, No. 49, p. 682 with the following modifications ) in the part relating to limited liability companies and companies with subsidiary liability".

Consequently, such a restriction no longer applies.

However, if the LLC / ALC does not bring its own Statute in compliance with the Law "On LLC and ALC", and the said restriction is contained in this Statute, it shall be applied either before its amendment, or until June 17, 2019, if LLC / ALC will not make changes to the Statute.

25. What is the procedure for registering additional contributions from participants at the expense of third parties?

Registration of changes in this case is carried out in accordance with part 5 of Article 17 of the Law "On State Registration".

For registration at the same time filed:

  • - application for state registration of changes
  • - document on payment of administrative board
  • - the decision of the general meeting of the members of the company on determining the size of the authorized capital and the size of the participants' shares

The authenticity of the signatures of the participants who voted for such a decision must be certified by a notary public

Such a decision by the general meeting of participants should be taken in pursuance of part 9 of Article 18 of the Law "On LLC and ALC" and comply with the requirements stipulated by the specified norms.

Documents for registration of such changes are submitted by the Company.

From the analysis of the rules of the new law it is seen that the increase of the authorized capital by additional contributions is a "long" process and takes several stages.

Two decisions are made (Part 1 and Part 9 of Article 18 of the Law); between the first and second decisions there is a process for the implementation of a pre-emptive right, the circumstances are established, whether a third person can join the company at a supplementary contribution, etc.

According to the Law on "State Registration" the registrar will not be interested in the whole process, he will be given only the last decision, for compliance with the decision of the process and the rules of law and the statute will be borne by those who took it

26. What particle size should be provided if several members of the Company use their preemptive right to purchase a stake of another participant?

Answer: Part 2 of Art. 20 of the Law "On LLC and ALC" stipulates that if several members of the partnership have exercised their preemptive right, they acquire a share in proportion to the size of their share in the charter capital of the Company.

27. If the LLC1 intends to enter as a participant in LLC2, whether the decision of the general meeting LLC2 is submitted:

  • - to certify the authenticity of the signature of the head of the LLC2 on the act of acceptance;
  • - for the state registration of changes in the founders of LLC1?

When certifying the authenticity of the signature of the head (authorized representative) LLC2 on the act of acceptance-transfer of the share in the authorized capital of LLC1, the notary is obliged to verify the authority of such person, including the verification of the Statute, whose authority includes the decision to enter into other economic partnerships. If necessary, the decision of the General Meeting of LLC2 is announced about its intention to acquire a share in the authorized capital of LLC1.

The documents submitted for state registration of changes in the composition of the founders does not include the decision of the governing body of the legal entity, therefore the state registrar does not additionally require a copy of the original (notarized copy) of the document certifying his authority.

28. Part 20 of Article 17 of the Law "On State Registration" is excluded. Does this mean that, if a representative of the founder (participant) participates in the general meeting, the state registrar does not now submit a document confirming the credentials of this representative?

No, the former part 19 of this article is excluded, which duplicated the provision of paragraph 2 of Part 2 of Article 14 of the Law "On State Registration".

Part 21 of Article 17 of the Law "On State Registration" contains the obligation to submit a document (a copy of the original or a notarized copy), confirming the authority of the representative of the founder (participant) at the general meeting of the company.

The most common questions that arise in the field of state registration of property rights and other real rights to real estate

1. Where to apply for registration of title to real estate?

The municipal enterprise "Kharkiv City Office of Technical Inventory" of the Kharkiv City Council.

Kharkiv, Mayd. Pavlovsky, 1/3.
(063) 55-67-800
(095) 55-67-800
(098) 55-67-800

2. What is the mode of operation of the "BTI" Municipal Enterprise?p>

Reception of subjects of appeal in the Communal Enterprise "Kharkiv City Office of Technical Inventory" of the Kharkiv City Council:
Monday, Tuesday, Thursday: 9:00 - 18:00, without break;
Wednesday: 9:00 - 20:00, without break;
Friday: 9:00 - 16:45 without break;
Saturday: 8:00 - 15:00 without break (except for acceptance of documents for conducting registration actions for legal entities and individual entrepreneurs).

3. How to obtain information from the state register of real estate?

For the information on the state register of real rights to real estate, the following documents are required:

  • - a document certifying a person who wishes to receive information (documents certifying a person and confirming the citizenship of Ukraine:
    • - passport of a citizen of Ukraine
    • - Passport of a citizen of Ukraine for traveling abroad
    • - diplomatic passport of Ukraine
    • - official passport of Ukraine
    • - seaman's identity card
    • - certificate of crew member
    • - identity card for return to Ukraine
    • - temporary certificate of a citizen of Ukraine
  • - Identity documents confirming their special status:
    • - driving license
    • - identity card for traveling abroad; c) a permanent residence permit
    • - temporary residence permit
    • - Migrant card
    • - refugee certificate
    • - travel document refugee
    • - identity card requiring additional protection
    • - travel document of the person to whom additional protection is provided
  • - a copy of the identification code
  • - a receipt for payment of information from the State Register of Rights, except in cases provided for by law

State registration of rights and documents required for such registration

What documents are required for state registration of ownership of the newly built real estate (apartment or car-parking or non-residential premises in a new building)?
(Paragraph 41 of the Decree of the Cabinet of Ministers of Ukraine "On the State Registration of Real Rights to Real Estate and their Encumbrances" of December 25, 2015, No. 1127)

For state registration of ownership of a newly built real estate, the following are filed:

  • - Declaration of readiness of the object for operation or certificate
  • - Technical passport for a real estate object
  • - Decision about assigning an address
  • - a written application or agreement of co-owners on the distribution of shares in joint ownership of the newly built real estate (in the case when the state registration is made for the property acquired in joint ownership)

A document confirming the assignment of a real property object address is not required when the state registration of ownership is carried out on an individual (mansion) dwelling house, a garden, a country house built on a land plot, the ownership of which is registered in the State Register of Rights

In this case, the applicant in the submitted application must specify the information on the cadastral number of the land plot.

What documents are required for state registration of ownership of residential buildings, garden, country houses built before August 5, 1992?
(Paragraph 42 of the Decree of the Cabinet of Ministers of Ukraine "On State Registration of Real Rights to Real Estate and Encumbrances" of December 25, 2015, No. 1127)

For the state registration of ownership of individual (mansion) houses, garden, country houses, household (private) buildings and structures, annexes to them, completed by construction until August 5, 1992, are filed:

  • - technical passport on the object of real estate
  • - decision on the assignment of the object of real estate address

A document regarding the assignment of a real property object address is not required when the state registration of the right of ownership is carried out on an individual (estate) residential building, a garden, a country house built on a land plot, the ownership of which is registered in the State Register of Rights. In this case, the applicant in the submitted application must specify the information on the cadastral number of the land plot.

What documents are necessary for state registration of ownership of an apartment, residential, non-residential premises, etc.), located in the cooperative?
(Paragraph 80 of the Decree of the Cabinet of Ministers of Ukraine "On State Registration of Real Rights to Real Estate and Encumbrances" of December 25, 2015, No. 1127)

For state registration of ownership of separate individually determined real estate (apartment, residential, non-residential premises, etc.), located in an object of immovable property, the construction of which was carried out as a result of the activity of the cooperative are filed:

  • - a certificate of the cooperative about the membership of the cooperative and making such a member a co-operative a full installment
  • - technical passport for an apartment, residential, non-residential premises, etc

In the case when the state registration of the right of ownership is carried out on separate individually determined real estate (apartment, residential, non-residential premises, etc.), located in the object of immovable property, the construction of which has been completed and taken into operation after January 1, 2013, In the relevant statement, the information about the registration number of the document on the acceptance into operation of the completed construction of the object is indicated in the corresponding application, and copies of the certified copy of the corresponding cooperative shall be submitted

  • - a document confirming the assignment of the object of real estate to the address (except for cases of state registration of ownership of the reconstructed object of real estate))
  • - a document certifying the title to the object of real estate before its reconstruction - in the case of state registration of ownership of the reconstructed immovable property (except in cases where the ownership of such an object is already registered in the State Register of Rights or when the legislation does not provide for the registration and issue of a document for such an object of immovable property)

What documents are required for state registration of ownership of individually located individually determined real estate (cottage, garage, etc.) located in a cottage, garage or other cooperative?
(Paragraph 81 of the Decree of the Cabinet of Ministers of Ukraine "On State Registration of Real Rights to Real Estate and Encumbrances" of December 25, 2015, No. 1127)

For the state registration of the right to own a separate individually determined real estate (dacha, garage, etc.), the construction of which was carried out as a result of the activity of a dacha, garage or other cooperative, in addition to the documents provided for in paragraphs 41 and 42 of this Procedure, the certificate of the relevant cooperative of membership is also provided persons in the cooperative and making such a member a co-operative contribution in full.

What documents are necessary for the state registration of property rights to real estate on the basis of the application of the heir for the deceased person?
(paragraph 66 of the Resolution of the Cabinet of Ministers of Ukraine "On the State Registration of Real Rights to Real Estate and their Encumbrances" of December 25, 2015, No. 1127)

For state registration of ownership on the basis of the application of the heir are filed:

  • - documents confirming the acquisition by the testator of title to the real estate
  • - extract from the Hereditary Registry of the presence of a wounded hereditary case
  • - a document containing information about the composition of the heirs issued by a notary public official of a local government body authorized by the relevant hereditary case

Who can apply for registration of substantive rights on the basis of a court decision?

For the state registration of property rights on the basis of a court decision, an applicant may be the owner, another contractor, a party to the transaction, in which a substantive right has arisen, or the person authorized by them.

What documents are required in order to register the encumbrance of property rights (arrest), mortgages on real estate?

For the information on the state register of real rights to real estate, the following documents are required

  • - A document certifying a person who wishes to receive information (documents certifying a person and confirming the citizenship of Ukraine:
    • - passport of a citizen of Ukraine
    • - Passport of a citizen of Ukraine for traveling abroad
    • - diplomatic passport of Ukraine
    • - official passport of Ukraine
    • - seaman's identity card
    • - certificate of crew member
    • - identity card for return to Ukraine
    • - temporary certificate of a citizen of Ukraine
  • - The identity documents confirming their special status:
    • - driving license
    • - identity card for traveling abroad; c) a permanent residence permit
    • - temporary residence permit
    • - Migrant card
    • - refugee certificate
    • - travel document refugee
    • - identity card requiring additional protection
    • - travel document of the person to whom additional protection is provided
  • - a copy of the identification code
  • - a document confirming the authority of the person acting on behalf of the applicant - power of attorney, certified notarially
  • - a receipt for payment of an administrative fee (or a document confirming the right to exemption from payment of an administrative fee)
  • - the original documents on occurrence, transition and termination of encumbrances of real rights to real estate, namely:
    • - a court decision regarding the encumbrance of legal rights to real property rights
    • - or the decision of the state executor, the private executor regarding the encumbrance of the real rights to real estate
    • - or the document specified by the legislator on which a record was made by a notary to impose a ban on the alienation of immovable property
    • - or a decision of the local government on the assignment of immovable property to an outdated housing stock
    • - or a contract entered into in accordance with the procedure established by law, which imposes the encumbrance of the real rights to immovable property, or its duplicate
    • - or a law that prohibits the use and / or disposal of immovable property
    • - other acts of state authorities and officials in accordance with the law

The most common questions that fall within the competence of the Municipal Enterprise "BTI"

Certificate of availability or absence of information on registered rights by 31.12.2012: list of required documents and terms of execution

Individuals (owner):

  • - Copy of customer's passport (original for presentation)
  • - Copy of the applicant's identification number (original for presentation)
  • - Power of Attorney (in the case of submission of an application by the authorized person, original for presentation)
Note: in the case of receiving one certificate for several persons, the filing of documents is carried out by all persons or a person authorized by them.
Deadline: 10 days to 1 day

Individuals (heirs):

  • - Copy of customer's passport (original for presentation)
  • - Copy of the applicant's identification number (original for presentation)
  • - Power of Attorney (in the case of submission of an application by the authorized person, original for presentation)
  • - Request of notary bodies
  • - Copy of the death certificate
Note: in the case of receiving one certificate for several persons, the filing of documents is carried out by all persons or a person authorized by them.
Deadline: 10 days to 1 day

Issue of a certificate on the presence (absence) of property for a resolution on apartment registration individual: list of required documents

Individuals:

  • - Copy of customer's passport (original for presentation)
  • - Copy of the applicant's identification number (original for presentation)
  • - Marriage certificate (in case of change of surname)
  • - Copy of birth certificate
Note: additional payment for each additional surname.

Preparation of a draft duplicate of the certificate of ownership, issued by the executive body on privatization of municipalities: a list of required documents

Individuals:

  • - Copy of customer's passport (original for presentation)
  • - Copy of the applicant's identification number (original for presentation)
  • - Power of Attorney (in the case of submission of an application by the authorized person, original for presentation)
  • - Announcement in the newspaper about the loss of the document
  • - Legal document for the property (in case of damage to the document)
  • - Copy of lost document (if any)
Note: In the case of issuing a duplicate for multiple owners, an application must be submitted from all owners. In case one of the owners is recognized dead, an additional request is made by the notary bodies and extracted from the hereditary Register.

Issue of a copy of the certificate of the right of ownership issued by the districts of the city council of Kharkiv: a list of necessary documents and terms of execution

Individuals:

  • - Copy of customer's passport (original for presentation)
  • - Copy of the applicant's identification number (original for presentation)
  • - Power of Attorney (in the case of submission of an application by the authorized person, original for presentation)
  • - Announcement in the newspaper about the loss of the document
  • - Legal document for the property (in case of damage to the document)
Deadline: 10 days to 1 day

Entities:

  • - Copy of customer's passport (original for presentation)
  • - Copy of the applicant's identification number (original for presentation)
  • - Authorized power of attorney or protocol of appointment of the director (in case of appeal of the director), original for presentation
  • - Announcement in the newspaper about the loss of the document
  • - Legal document for the property (in case of damage to the document)
  • - Extract from the VAT List
Deadline: 10 days to 1 day