Voluntary termination of the activities of a public association: main features
A public association with the status of a legal entity has the right at any time to make a decision to terminate its activities (self-dissolution). This was reported by the State Registration Department of the Khmelnytskyi Interregional Department of the Ministry of Justice.
Termination of a public association includes:
- termination of the internal organizational activities of the public association;
- termination of the public association as a legal entity.
The decision on the self-dissolution of the public association is made in the manner established by the charter of this association.
The highest governing body that made the decision on the self-dissolution of the public association creates a liquidation commission or entrusts the governing body with the powers of the liquidation commission to carry out the termination of the public association as a legal entity, and also makes decisions regarding the use of the funds and property of the public association after its liquidation in accordance with the charter.
The termination of the public association takes place in the manner defined by the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations" (hereinafter — the Law), and includes the phased conduct of state registration.
At the first stage, state registration of the decision on the termination of the legal entity made by its participants or the relevant body of the legal entity is carried out.
For this, a copy of the original (notarized copy) of the decision of the participants of the legal entity or the relevant body of the legal entity is submitted to the state registrar; a copy of the original (notarized copy) of the document approving the personal composition of the termination commission (reorganization commission, liquidation commission) or the liquidator, the person managing the termination, registration numbers of tax payer identification cards (or information about the series and passport number — for individuals who have a mark in the passport about the right to make payments by series and passport number), the term for creditors to submit their claims — in case such information is absent in the decision of the participants of the legal entity or the relevant body of the legal entity (part eleven of article 17 of the Law).
The public association within 3 working days from the date of the decision on termination notifies in writing the body that carries out state registration.
The term for creditors to submit claims to the legal entity being terminated cannot be less than 2 months and more than 6 months from the date of publication of the notice about the decision on the termination of the legal entity.
The second stage is the state registration of the termination of the legal entity as a result of its liquidation based on the decision on the termination of the legal entity made by the participants of the legal entity or the relevant body of the legal entity, after the termination procedure is completed, but not earlier than the expiration of the term for creditors to submit claims.
For this, the following documents are submitted to the state registrar as defined by part fourteen of article 17 of the Law:
- an application for state registration of the termination of the legal entity as a result of its liquidation;
- a certificate from the archival institution about the acceptance of documents that according to the law are subject to long-term storage.
The public association is considered terminated from the day the entry about its termination is made in the Unified State Register.
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