Registration of public
Registration of a public organization
Public organizations are quite widespread in Ukraine. Most active & nbsp; social movements began to develop after 2014 on the wave of popular enthusiasm. Today, public activists are united in thousands, different in their tasks and areas of activity, public organizations. The main task of such organizations is to protect the rights and freedoms of people who are members of such associations. By and large, it is the entire array of public organizations that creates the backbone of civil society in Ukraine. Public organizations, along with political parties, are the only legal forms of citizens’ participation in the public and political life of the country. In order for your social activities to be as effective as possible, you need to start from the right start – competent registration of a public organization.
Public associations in Ukraine are divided into two types
- Public organization – the founders and members of which are individuals;
- Public Union – the founders of which can be, exclusively, legal entities, and participants both legal and natural persons;
Both a citizen of Ukraine and a foreigner, or a stateless person can become a member of a public organization.
The age from which participation in a public organization is allowed is 18 years. For children’s and youth public organizations – the age of participation is from 14 years.
The key distinguishing feature of a public organization is the lack of financial interest of the participants in the activities of such an association. At the same time, a public organization has the right to conduct economic activities. But such activities should serve exclusively to solve the statutory tasks of the organization, and not to make a profit by its participants.
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Registration of a public organization price
The cost of registering a public organization depends on a number of factors: the number of founders of the organization, the type of activity, the region in which the governing body of the organization is located and where, accordingly, the state registration of your organization will be carried out, the presence of regional divisions of the organization in other areas and other factors. Below is an approximate basic cost of providing registration services for public organizations in the city of Kiev and the city of Kharkov. This cost is not an offer (a public offer to conclude a contract). The final cost can be determined only after familiarization with all aspects of your future social activities.
Regional Public Organization
2 800 ₴
An organization with only one department, no more than two founders, and a standard charter.
All-Ukrainian Public Organization
6 000 ₴
Preparation of a package of documents for registration of both the parent organization and regional branches.
Special Occasions of Public Organizations
9 000 ₴
Elaboration of complex charters for special types of organizations and anti-raider additions.
Regional public organization
Magisters Law Firm proposes to take care of all issues related to registration of a public organization. We are ready to offer a full range of services for the preparation of a package of documents and carry out the subsequent legalization of a public organization in Kiev and Kharkov. The region of the registration procedure for a public organization is selected based on the legal address you have. At the same time, the regional status of a public organization does not in any way interfere with carrying out activities in other regions of Ukraine. Of course, it is much more convenient to start your public activities with the creation of a regional public organization. Subsequently, with the expansion of activities, nothing will prevent you from developing it to an all-Ukrainian.
Interregional public organization
If your public activity has received a certain development, then you can give your organization, which has become an interregional public organization, – the status of an “all-Ukrainian public organization”. Legally, this status is granted if a public organization has its own subdivisions in most regions of Ukraine. That is, it is necessary to register individual divisions of the organization in 14 regions of Ukraine, and you will be able to apply for interregional status – “All-Ukrainian public organization”. After registering this status, the Ministry of Justice annually confirms the presence of all units and renews the status.
The procedure for registering a public organization
Conventionally, the entire process of registering your public organization can be divided into five stages:
- Preparation for holding a general constituent meeting of the founders of the organization;
- Holding a general meeting of founders;
- Preparation of a package of documents for state registration;
- State registration of a public organization;
- Obtaining non-profit status with the tax authorities;
I. Preparation for the general meeting of the founders of the organization
It is, perhaps, the most important stage in the entire process of legalizing your public organization. At this stage, the future founders of the organization discuss the general concept of the organization, its name, & nbsp; goals and objectives, the structure of the organization as a whole, and the order of management, candidates for the management bodies of the organization will be determined. Also at this stage, approvals are carried out on all issues on the agenda of the constituent assembly and preliminary discussion of draft statutory documents of the organization. First of all, & nbsp; – coordination of clauses of the charter of a public organization. After agreeing on all fundamental issues, you can set a date for the constituent assembly of the public organization. Naturally, if you have questions with which it is difficult for you to decide, or if you are facing the issues of legalizing a public organization for the first time, the best solution would be to resort to the help of a lawyer. The legal assistance of a lawyer will help you avoid mistakes at the beginning of the journey and will significantly simplify the process of registering your public organization.
II. Conducting a constituent assembly of a public organization
If the preparation stage was carried out qualitatively, then it remains just to consolidate the agreements reached & nbsp; in the form of decisions of the constituent assembly of participants. Such a decision is drawn up in the form of the minutes of the constituent assembly. It should be recalled that the founders of a public organization can be at least two persons. It is impossible to establish a public organization alone. It is also important to note that, unlike business societies, where the founders are the owners of the created organization in a public organization, this is not the case. Any powers of the founders end at the time of state registration of a public organization. Further, they remain in their organization on a general basis and may even be deprived of membership in such an organization. At the same time, the data about them will remain in the register as about the persons who founded this public organization.
III. State registration of a public organization
After holding the constituent assembly and the formation of a complete package of documents within 60 days, you must apply to the territorial body of the Ministry of Justice to register a public organization. All statutory documents are being checked. Particular attention is paid to the minutes of the constituent assembly, the charter of the organization and the name.
- Name of the organization
The name of a public organization must comply with legal requirements:
be unique, that is, do not repeat the name of any other already registered organization; the first part of the name should determine the status of the organization: “public organization” or “public union”, also if the organization is a children’s or youth organization, this must also be indicated in the name; if, in the future, it is planned to receive the status of an all-Ukrainian organization, the title must indicate “all-Ukrainian”, but one must not forget that the status of an all-Ukrainian organization must be confirmed;
The name of the organization should not duplicate the name of the authorities, historical state names, terms: “communal”, “national”, “state” and the like.
- Articles of association
The organization’s charter should include a number of key elements:
name of company; goals and objectives of the organization; & nbsp; the procedure for adopting the charter and making amendments to it; information about the governing bodies of the organization; the procedure for accepting and excluding members of the organization; sources of funding for the organization; the procedure for reporting the governing bodies and the procedure for appealing their decisions; ways of creating separate divisions of the organization; principles of self-dissolution of an organization;
Naturally, in addition to the mandatory, the charter of the organization may include provisions that the participants themselves wish to include.
- Symbols of a public organization
A question that does not directly relate to the registration process, however, is quite important. The legislation allows a public association to have its own symbols. The symbology requirements are almost the same as the name requirements. You cannot repeat the existing symbols, state, & nbsp; including other states. You can not use legally prohibited symbols.
IV. Opening of a public organization
The territorial division of the Ministry of Justice checks the correctness of the documents. Within 5 days, they must make a decision, however, the legislation gives them the opportunity to extend the period by 15 days in some cases. it should be noted that registrars, in most cases, actively use this right. If inconsistencies are found, or there are claims to the content of the documents, the registration package of documents will be returned to correct the inconsistencies. Thus, the registration process can be extended indefinitely. If you want to save your nerves and time, and at the same time get a legalized public organization, entrust the whole process to our specialists. We will formalize your public organization quickly and correctly.
V. Obtaining the status of a non-profit organization
The last, important, stage in the registration process of a public organization will be obtaining the status of a non-profit organization. To do this, you must submit an appropriate application to the tax authorities (form No. 1-RN). your organization will be included in the register of non-profit organizations.
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