Registration of a public association in Ukraine
Public associations (PA) are voluntary organizations established by a group of people for the purpose of joint activity and achievement of common goals. Their activity is regulated by the Law of Ukraine on Public Associations. The functioning of PAs is aimed at changing social, cultural, economic or other aspects of society in order to improve living conditions and solve various problems. Public associations come in different forms and structures – from small groups of citizens to large organizations with a branched structure. Their activities can cover various spheres, such as human rights, culture, education, charity, environmental protection, politics and many others. About the peculiarities of the opening and activities of such organizations in more detail we will consider in our article.
Legal address with postal service
To create a legal address with postal service for a public association, the following steps should be followed:
- Select a postal service or a company that will provide the relevant services. It is important to choose a reliable and reputable provider that guarantees confidentiality and timely delivery of correspondence.
- Register the public association and obtain a certificate of registration from the state registration authorities.
- contact the selected postal company and ask for a legal address service. It is necessary to provide all necessary documents, including the registration certificate and documents confirming the identity of the founder.
- Conclude a contract for the provision of legal address services with the selected company. The contract should clearly define the terms and conditions of the services, the cost and the term of the contract.
- Obtain information about your legal address, including postal code and other necessary details.
In the future, you can use the legal address without restrictions to register the association with state authorities, receive correspondence and other legal needs.
Preparation of a package of documents for registration of a public organization or making changes (1 Registration of a new edition of the charter of the organization).
Preparation of a package of documents for registration of a public organization or introduction of changes (for example, registration of a new edition of the charter of the organization) is an important stage in the legalization and functioning of the organization. The process of establishing public organizations is as follows:
- Preparation of the charter. The charter of a public organization contains its name, goals, objectives, organizational structure, decision-making procedure, procedure for amending the charter and other necessary provisions.
- Gathering of founders. To create a public organization, it is necessary to gather a group of people who wish to become founders and support its ideas and goals.
- 3. Constituent Assembly. The founders hold a constituent assembly, which approves the charter, elects the governing bodies of the organization and decides on registration.
- Preparation of documents. After the constituent meeting, documents for registration are prepared, in particular, minutes of the meeting, application for registration and other necessary documents.
- Submission of documents to the registration authority. The package of documents together with the application for registration is submitted to the relevant registration authority (e.g. local state administration or the Ministry of Justice).
- Registration of the new charter. The registration authority checks the compliance of the documents with the legal requirements and carries out the registration of the public organization.
- Obtaining a certificate. At the final stage, the organization receives a certificate of registration, which confirms its legal status.
It is important to note that the successful registration of a Public Association (organization or union or association) is possible if all the requirements of the legislation are met and the necessary package of documents is submitted to the relevant registration authorities.
Obtaining all-Ukrainian status (with registration of a new charter)
Obtaining all-Ukrainian status for a public organization is carried out as follows:
- Preparation of a new charter. If the NGO is already registered and has a regional status, to obtain all-Ukrainian status it is necessary to prepare a new charter, which defines new goals and objectives of the organization, which will correspond to the national scale.
- Collection of documents. The organization collects the necessary documents for changing the status, in particular, a new charter, minutes of the decision on changes, certified copies of decisions of the general meeting of members of the organization.
- Submission of documents to the registration body. The package of documents is submitted to the registration body, which controls compliance with the legislation and conducts the procedure of registration of the change of status.
- Registration of the new charter. The registration authority checks the compliance of documents with the requirements of the legislation and conducts registration of the new charter with determination of the all-Ukrainian status.
- Receipt of the certificate. After registration, the organization receives a certificate of change of status, which confirms its new legal status as an all-Ukrainian public organization.
Liquidation of public organization (from 3 months)
Liquidation of a public organization can take from three months and more, depending on a number of factors and procedures to be performed:
- Preparatory stage. Holding a meeting of members of the organization and making a decision on liquidation, election of a liquidation commission, determination of the order of liquidation.
- legal procedures. Preparation of the necessary documents for liquidation, in particular applications to the state registrar and submission of the necessary reports, as well as documents on the property and liabilities of the organization.
- Fulfillment of obligations. Closing of accounts, payment of debts and fulfillment of obligations to the parties.
- Resolving property issues. Distribution of the organization’s assets to its members or other co-owners.
- Closing procedure. Submission of liquidation documents to the relevant authorities and obtaining a liquidation report.
Making a seal of a public organization
Let’s consider the main steps of making a seal of a public organization:
- Approval of the layout. After the registration of a public union is successfully completed and its charter is approved, it is necessary to develop the layout of the seal. The layout should contain the name of the organization, registration number and other necessary information.
- Ordering the seal. After agreeing on all the details of the seal layout, it must be transferred to a specialized printing house for production. It is important to note that the printing house must have the appropriate licenses and permits for the manufacture of seals.
- Paperwork. To produce a seal, you may need documents confirming the right of a public organization to use the seal. This may be a decision of the meeting of members of the organization or other official documents.
- Receipt of the seal.
The organization is obliged to submit reports on its activities, financial status and fulfillment of statutory tasks for a certain period. Proper reporting ensures transparency and trust in the activities of the institution by the public and controlling bodies.
Let us consider the main stages of reporting of a public organization:
- Preparation of reporting documents. The public organization should collect and prepare all necessary documentation for the report. This includes financial statements, activity reports, information on members and management of the organization and the like.
- Internal Audit. Before filing the reporting documentation, it is important to check all data and financials for compliance with the law.
- Submission to the relevant authorities. Reporting documents are submitted to the relevant state bodies or organizations that are responsible for registration and control over the activities of the PA.
Reporting should take place within the timeframes specified by the legislation. Timely and correct submission of reports allows avoiding fines and other negative consequences.
Preparation of conferences
Preparing and holding conferences of public organizations is an important and responsible task aimed at ensuring effective communication and cooperation within the institution. This process includes:
- Planning the event;
- attracting participants;
- preparation of necessary materials and organizational issues.
When planning a conference, the purpose and objectives of the event are determined; the date, location, and structure of the event are selected. Attracting participants involves working with lists and registering participants. Preparation of materials includes the development of presentations, information materials and the program of the event.
Organizational issues cover the provision of auditorium, technical equipment, cover zones, snacks and coffee for participants. During the conference, it is necessary to ensure that all stages of the event are coordinated, discussions are moderated and the schedule and program are adhered to. Evaluation of results includes collecting feedback from participants and analyzing the data obtained.
DextraLaw Law Firm provides quality legal support to public associations/organizations for effective legal activities. We assist in the creation of public associations, preparation of necessary documents for their registration and legalization. We provide legal advice on the management and organization of organizations’ activities, as well as assist in drafting charters and amending them.
In addition, we provide public associations with reporting and record keeping in accordance with legal requirements. Our lawyers always keep abreast of legislative updates and provide our clients with up-to-date and professional legal support.
Other advantages of cooperating with us:
- individual approach;
- in-depth understanding and knowledge of the field;
- clarity and transparency;
- comprehensive approach;
- speed and efficiency;
By choosing DextraLaw, your organization gets a reliable and experienced partner that will ensure successful implementation of projects and protection of your rights.
QUESTIONS AND ANSWERS
Taxation of public associations is carried out in accordance with the tax legislation of Ukraine. Generally, CBOs are exempt from corporate income tax if they carry out non-commercial activities and have the status of a non-profit organization. However, CBOs may pay other taxes, such as VAT, if they carry out certain commercial operations or provide paid services. Also, CBOs may enjoy various tax exemptions and rebates that are provided by law to facilitate their activities and the development of society. The specific tax treatment depends on the types of activities, the status of the CBO and other factors.
Yes, public associations can receive financial support from the state, local authorities, international organizations, as well as from private companies and individuals. This support can be in the form of subsidies, grants, sponsorships, etc.
Yes, public associations can carry out commercial activities, if they serve to achieve the statutory objectives of the public association and do not violate its non-profit nature. However, at the same time, they must pay appropriate taxes, in particular VAT, for the commercial services provided.