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The publishers’ registration

 Due to the increasing number of the domestic media, the issue of publishers’ registration according to the Ukrainian legislation actualized.

With the process of denationalization of the domestic mass media, the amount of local and Ukrainian nationwide publishing houses increased in the country. The local primarily specialize in the particular news of the settlement, which, due to its insignificance for the national level won’t be able to get into the all-Ukrainian press. The same publishing houses, which are published and distributed throughout the country, cover the events of state and global scale. In addition, the appearance of a large number of private publishers, contributes to the appearance of an alternative point of view when covering certain events, which in turn contributes to the principles of freedom of expression and press freedom regulated by the Constitution of Ukraine.

Legislative regulation of the publishing registration

The registration of publishers in Ukraine is regulated primarily by the Law of Ukraine «On Publishing». In accordance with Article 12 of this Law, publishing activities can be carried out only after entering into the State Register of publishers, manufacturers and distributors of printed products and to obtain the certificate of registration of a business entity in this register.

The procedure of the publishing register

The first thing to note - the publisher registration begins with the registration of the legal entity or individual entrepreneur, as a publisher should be a business entity. That’s why, the first thing to do - is to register the legal entity or individual entrepreneur in a general way.

It is worth noting, that during the registration of an individual entrepreneur the activities that are specified in the application for registration must be taken into account. They should correspond to the work that is planned to do.

When registering a legal entity, in addition to the activities, you must also write a good charter. He must comply with the requirements of the Law of Ukraine «On Publishing», in particular, the charter must contain certain information about the founders, activities related to the publishing, etc.

The absence of these data won’t become an obstacle for registration of the business entity, but may serve as a reason for not entering into the State Register of publishers, manufacturers and distributors of printed products, what will lead to the need to make changes in the statutory documents or data that are located in the Unified State Register of Legal Entities and individual entrepreneurs, which will lead to the loss of time and money.

After the registration of a business entity, the head applies according to the art.13 of the Law of Ukraine «On Publishing». Notarized copy of the charter of the company (if the publisher is registered to a legal entity) and an agreement on the processing of personal data, signed by the founder of the company are attached to the application.

 
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What can be difficult when the publisher registration

In practice the difficulty at this stage arises from the imperfection of the legislation. The matter is that the requirement of the notary certification of the charter of the legal entity was abolished. That is now the founders of the legal entity may assure the charter by their own signatures. At the same notary, guided by The Order «On the order of the notarial acts by notaries of Ukraine», refused to notary certify copies of such statutes. At the same time the Law of Ukraine «On Publishing» establishes the rule according to which, during the registration of the publishing house the notarized copy of the charter of association must be submitted. Thus, the founders of the legal entity has to certify the charter notary, although the law does not require it, or they can get a refuse for entering into the State Register of publishers, manufacturers and distributors of printed products.

After submitting an application for registration of the publishing house authorized body considers it for a month and, if everything meets requirements, it sends a letter to the address where the business entity is registered with the details about payment collection. After the payment, upon presentation of the original receipt, a representative of a business entity may take certificate of registration in the State Register of publishers, manufacturers and distributors of printed products, so then it is possible to carry out publishing activities.

Thus, while the registration of publishing in Ukraine is regulated by a separate Law «On publishing activity», in it there are inaccuracies. In particular, they relate to the fact that the law on registration of legal persons has changed in the direction of facilitating the registration process, and the above-mentioned law is not given in accordance with the new regulations. In addition, the registration of the legal entity or individual entrepreneur, who later will registered publishing, must take into account the provisions of the Law of Ukraine «On Publishing Activities» in order to subsequently not be denied in the registration of the publishing house, and do not have to change the charter or information in the registry.

«Aleksey Pukha and Partners» Company consults and provides a full range of services for publishers’ registration. Company lawyers have many years of experience in corporate law and guarantee the quality of services.

 

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