Certificate of bankruptcy for the tender – urgent issuance of a certificate of absence of bankruptcy

During the formation of tender offers, participants in public procurement must submit documents confirming their financial ability to perform certain works, provide services or supply goods. Usually, this is information about the absence of any debt at the enterprise regarding the payment of tax payments and the opening of bankruptcy proceedings. However, not every citizen of Ukraine knows how to get these documents. This shows the relevance of this topic. That is why in this article we are talking about how to get a certificate of bankruptcy for a tender in Ukraine.

What should be understood by a certificate of bankruptcy?

A bankruptcy certificate is a legal document that shows the presence or absence of open bankruptcy proceedings against a specific legal entity or individual in the special Unified Register of Enterprises. Usually, the bankruptcy certificate indicates the absence of any proceedings for the last 6 months before the document was issued.

It is worth noting that if a person does not provide this document to the customer of public procurement, then this is a legal basis for rejecting the tender offer of the tender participant.

What are the types of bankruptcy certificates?

• Information sheet - the main purpose of which is to provide information about legal entities registered in Kyiv. It is issued by the main department of the relevant Ministry of Justice;
• Bankruptcy certificate from the Unified Register of Enterprises - indicates the presence or absence of open bankruptcy proceedings against a specific legal entity or individual. It is issued by the regional department of justice on a special form containing appropriate protection (watermarks and holograms). At the same time, the form of ownership of the enterprise and the place of its registration do not affect the issuance of the certificate.

When should I receive a bankruptcy certificate?

Bankruptcy documents are usually obtained in the following cases, namely:

• During participation in public purchases, contests, auctions. At the request of the customer of public procurement, or the organizer of contests or auctions, their potential participants may be required to provide a certificate of bankruptcy.
• When receiving credit funds from a financial institution. The certificate shows the financial solvency of the person and indicates whether he will be able to repay the loan taken from the bank.
• During the execution of contracts with other legal counterparties. Each party may request a bankruptcy certificate in order to minimize risks related to the fulfillment of contractual obligations.
• When receiving grant aid from the state. Since 2022, a complex of state grant programs called "Erobota" has been operating in Ukraine. In order to participate in these programs, it is necessary to provide a certificate on the absence of open bankruptcy proceedings;
• During participation in legal proceedings. A judge may require a legal entity or individual to provide a bankruptcy certificate in order not only to confirm its current solvency, but also to understand whether the party to the case can comply with the decision of the judicial authority in the future.

Importantly! The above list is incomplete, and therefore a bankruptcy certificate may also be necessary in other cases.

If you urgently need to obtain a certificate of bankruptcy for a tender, then in this case you should immediately contact professional lawyers from the Prykhodko and Partners law firm. Our experienced specialists will be able to obtain relevant bankruptcy documents in the shortest possible time, because we perfectly understand how to quickly implement this issue in practice, which not only saves time for the company's clients, but also guarantees the desired result.

So don't delay and contact us!