Changes in the registration procedure of enterprises concerning notarization
In the course of the reform in the state registration system at 6 October 2016 was adopted the Law of Ukraine «On the Amendments to Certain Legislative Acts of Ukraine regarding the improvement of the official registration of rights to immovable property and protection of property rights» and it came into force almost one month later.
Particularly, the Law of Ukraine «On state registration of legal entities and natural persons-entrepreneurs and non-governmental organizations» (hereinafter - the Law) was amended by the aforementioned law. The main changes were related to the notarization of signatures of legal entities’ members on the documents submitted to the state registrar.
It is interesting that recently in the course of this reform the obligatory notarization of legal entity participants’ signatures on its statute was cancelled. This provision was intended to simplify the procedure and reduce the price of registration for entrepreneurs. However, it had some negative consequences i.e. radical response of banks and contractors to non-notarized statutes etc.
In Article 15, p.1 (9) of the amended Law was established the rule that the authenticity of signatures on the instrument of incorporation must be notarized. However, there are some exceptions, for example, it is not obligatory to notarize a signature on the statute of newly incorporated legal entity.
In addition, Article 15, p. 6 (1) of the Law of Ukraine «On the Amendments to Certain Legislative Acts of Ukraine regarding the improvement of the official registration of rights to immovable property and protection of property rights» provided obligatory notarization of signatures on the decision of the authorized governing body of the legal entity. It means that from this time forward the authenticity of signatures on the protocols to amend instruments of incorporation of the legal entity or the information in the Unified State Register of Legal Entities, Natural Persons-entrepreneurs and Non-governmental Organizations must be notarized.
Consequently, though these amendments the legislation returned to the rule, which existed before, that the signature on the statute must be notarized, and these changes complicated the registration process for entrepreneurs establishing obligation to notarize signatures on the decision of the authorized governing body of a legal entity.
In addition to the abovementioned changes, it is made possible to obtain an extract from the Unified State Register of Legal Entities, Natural Persons-entrepreneurs and Non-governmental Organizations with the signature and stamp of the state registrar, also Article 34-1 was added to the Law which relates to control in the sphere of state registration, and some provisions concerning payment for state registration were changed.
