The Cabinet of Ministers of Ukraine adopted a resolution approving a new version of the model statute of LLC. What has changed?

The Cabinet of Ministers of Ukraine amended certain resolutions in order to ensure the abolition of unnecessary administrative procedures, which complicate the conduct of entrepreneurial activity, as well as the bringing of subordinate legal acts in accordance with the laws of Ukraine and international legal obligations of Ukraine.

In particular, pursuant to Resolution No. 367:

in the case of submission for state registration of the creation of a limited liability company operating on the basis of the model statute of a limited liability company (hereinafter referred to as the model statute) or the transition of a limited liability company into an activity based on the model statute of documents in electronic form, the version of the model statute, on on the basis of which a limited liability company operates, is determined by the limited liability company (its founders) by choosing the options “by default” or about the relevant provisions of the model statute approved by this resolution;
in the case of submission for state registration of the creation of a limited liability company acting on the basis of the model statute or the transition of a limited liability company to activities based on the model chart of documents in paper form it is considered that the options “default” are chosen;
the portal of electronic services should ensure the formation of a model code according to a single algorithm, which makes it possible to identify by means of automated means an editorial revision of the model statute, on the basis of which a limited liability company operates;
the model statute, approved by the resolution of the Cabinet of Ministers of Ukraine dated November 16, 2001, No. 1182, applies only to limited liability companies operating on its basis at the moment of the entry into force of this resolution, until their transition to activity based on their own statute or model charter approved by this a resolution;
limited liability companies which, at the moment of the entry into force of this resolution, acted on the basis of the model statute approved by the resolution of the Cabinet of Ministers of Ukraine dated November 16, 2011, No. 1182 and until June 18, 2019, did not transfer to activity on the basis of their own statute or model charter approved by this resolution , since June 18, 2019, are considered to have switched to activities based on the model statute approved by this resolution, by choosing the “default” options.
This resolution enters into force from the day following the day of its publication, except for the paragraph of the third paragraph of paragraph 1 of this resolution, which shall come into force on July 1, 2019, paragraph 4 of paragraph 2 of this resolution, which shall come into force on May 15, 2019, paragraph 4 this resolution, which enters into force on June 18, 2019, and points 1, 8, 9, 10, 13, 14 and 15 of the amendments approved by this resolution, which will come into force on July 1, 2019.

Decree No. 367 was published in Uriadnyi Kuryeri No. 82 dated 27.04.2019.

Posted by Anatoly Perepelchenko

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