The Cabinet of Ministers of Ukraine adopted Resolution No. 209 dated March 06, 2022 “Some issues of state registration under martial law and amendments to the Resolution of the Cabinet of Ministers of Ukraine dated February 28, 2022 No. 164“. The resolution will be valid until the day of termination or cancellation of martial law.
The right to carryout registration actions
State registration is carried out exclusively by persons who will be included in the list of state registrars and officials approved by the Ministry of Justice (the “List”), who, under martial law, are granted access to the State Register of Rights to Real Estate and / or the Unified State Register of Legal Entities, Individuals – entrepreneurs and public formations (“Registers”). The list may include restrictions on the conduct of registration actions.
Basis for state registration
The basis for the registration action is the receipt by the registrar in full of the relevant documents sent to him by e-mail or using other means of communication, in electronic form or electronic copies of documents in paper form. Documents in electronic form must be created in compliance with the requirements of legislation in the field of electronic trust services and legislation on electronic documents and electronic document management, and electronic copies of documents in paper form must be signed using a qualified electronic signature of the applicant.
The requirements on the need for notarization of the authenticity of a signature on a document do not apply if such a signature is made in the presence of a registrar with the identification of the signatory’s face (on the basis of a passport of a citizen of Ukraine, a passport of a citizen of Ukraine for traveling abroad, a temporary certificate of a citizen of Ukraine, a driver’s license or other document, which certifies the identity), and in the absence of restrictions in the List.
For the duration of martial law, documents for state registration of the creation of public formations, except for public associations, are not accepted, and consideration of previously submitted documents is suspended.
The procedure and terms for the implementation of registration actions
State registration is carried out without delay and regardless of the location of real estate, legal entities, individual entrepreneurs or public formations (provided that there are no restrictions on territoriality in the List).
Documents that are not submitted in full or do not comply with the law are not considered and returned to the applicant. At the same time, the applicant is verbally informed of the full list of documents that
must be filed and/or legal requirements must be complied with.
The administrative fee is not charged for the state registration of charitable organizations, public associations, the subject of which is to assist the Armed Forces of Ukraine, other military formations, law enforcement (special) bodies, civil
protection, voluntary formation of territorial communities, other persons ensuring national security and defense, repelling and deterring the armed aggression of a foreign state, as well as persons who have suffered or suffered from such armed aggression.
Payment of the administrative fee may be confirmed by an electronic copy (including a screen copy) of the relevant payment document. The main changes to the Resolution of the Cabinet of Ministers of February 28, 2022 No. 164 “Some issues of notaries under martial law”
For the duration of the state of martial law, the period for accepting the inheritance is suspended.
Powers of attorney and wills can be issued without the use of special notarial forms. documents on white sheets of paper with the State Emblem of Ukraine printed on them using computer technology and the established details of a notary. Powers of attorney and wills of military personnel of the Armed Forces, other formed in accordance with the laws
military formations of Ukraine, as well as employees of law enforcement (special) bodies, civil protection bodies who are involved in the implementation of measures to ensure national security and defense, repulse and deterrence of armed aggression of a foreign state may be certified by the commander (chief) of these formations (bodies) or another person authorized by such commander (chief). In the future, such documents should be sent through the General Staff.
of the Armed Forces, the Ministry of Defense, the relevant law enforcement (special) or other body to the Ministry of Justice or its territorial body to ensure registration by notaries in the Unified Register of Powers of Attorney, Inheritance Register. The specified simplified procedure for issuing powers of attorney for military personnel does not apply to powers of attorney for the right to dispose of real estate, manage and dispose of corporate rights.
According to the Government, the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations in War Conditions will work primarily to carry out urgent and important registration actions, in particular, registration of a change in the head of a legal entity due to his death, the creation of charitable organizations, public associations whose subject of activity is the provision of assistance to the Armed Forces of Ukraine, other military formations, law enforcement (special) bodies, civil protection bodies, volunteer formations of territorial communities, other persons ensuring national security and
defense, repulse and deterrence of 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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