Registration Actions During Martial Law

Legal Alerts
13.03.2022 89

The Cabinet of Ministers of Ukraine passed the Resolution No.209 dated 6 March 2022 "On Some Issues Related to the State Registration during Martial Law, and Amending Resolution of the Cabinet of Ministers of Ukraine No.164 dated 28 February 2022" (the "Resolution").

The Resolution is valid until the day of termination or abolition of martial law.

Right to carry out registration actions

The state registration has to be carried out exclusively by persons included into the list of state registrars and officials approved by the Ministry of Justice of Ukraine (the "List"), who under martial law are granted access to the State Registry of Proprietary Rights to the Immovable Property and/or the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations ("Registers"). The List may set out restrictions on registration actions.

Grounds for state registration

The ground for registration action is receipt by the registration of all relevant documents via the e-mail, or by other means of communication in electronic form, or electronic copies of documents in writing. The electronic documents have to satisfy the requirements of the legislation in the field of electronic trust services, and the legislation on electronic documents and electronic document circulation, while electronic copies of documents in writing have to be signed by an applicant's qualified electronic signature.

The requirements regarding notarization of the authenticity of a signature do not apply if such signature is made in the presence of the registrar with the identification of the signatory (based on passport of a citizen of Ukraine, foreign passport of a citizen of Ukraine, temporary identity card of a citizen of Ukraine, driver's license or other identity document), provided that there are no restrictions in the List. 

During martial law, the relevant state authorities will not accept new documents for state registration of the creation of public organizations, except for public associations, and also suspend consideration of previously submitted documents.

Procedure and terms of registration actions

State registration is carried out immediately and regardless of location of real estate, legal entities, individual entrepreneurs and public organizations (provided the List does not set out restrictions concerning territoriality). 

The registrar does not consider the documents that are incomplete or do not comply with the legislation, and returns them to an applicant. At the same time, the registrar orally informs the applicant of the complete list of documents and / or relevant legal requirements.

Administrative fee

The administrative fee is not charged for the state registration of charity organizations, public associations, if subject of their activity is to provide assistance to the Armed Forces of Ukraine, other military formations, law enforcement (special) bodies, civil protection bodies, voluntary association of territorial communities, other persons ensuring national security and defence, repulsing and deterring armed aggression of a foreign state, as well as persons who have suffered or may suffer from such armed aggression.

The administrative fee payment may be confirmed by an electronic copy (including a screen copy) of the relevant payment document.

Core changes to the Resolution of the Cabinet of Ministers of Ukraine No.164 dated 28 February 2022 "On Some Issues of Notary during Martial Law"

The period for inheritance acceptance is suspended during martial law.

The testaments and powers of attorney can be issued without using special forms of notarial documents on white sheets of paper with the image of the State Emblem of Ukraine and relevant notary's details printed by way of computer technology.

The testaments and powers of attorney of soldiers of the Armed Forces of Ukraine, other military formations formed in accordance with the laws of Ukraine, as well as employees of law enforcement (special) bodies, civil protection bodies involved in the implementation of activities on ensuring national security and defence, repulsing and deterring armed aggression of a foreign state, can be certified by the commander of these formations (bodies) or another person authorized by such commander. Such documents must be sent through the General Staff of the Armed Forces, the Ministry of Defense of Ukraine, the relevant law enforcement (special) bodies or other body to the Ministry of Justice of Ukraine or its territorial body to ensure their registration by notaries in the Unified Register of Powers of Attorney, the Inheritance Register.

This simplified procedure for issuing powers of attorney for soldiers does not apply to powers of attorney for the right of real estate disposal, management and disposal of corporate rights.

According to the Government, the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations will work during martial law primarily to carry out urgent and important registration actions, including  change of the director due to latter's death, incorporation of charity organizations, public associations, if subject of their activity is to provide assistance to the Armed Forces of Ukraine, other military formations, law enforcement (special) bodies, civil protection bodies, voluntary association of territorial communities, other persons ensuring national security and defence, repulsing and deterring armed aggression of a foreign state, as well as persons who have suffered or may suffer from such armed aggression, etc.

 

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