Grounds for refusal of state registration

According to Article 28 of the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations,” the grounds for refusing state registration are:

1) documents are filed by an unauthorized person;

2) the Unified State Register contains information about the court decision to ban the registration action;

3) the Unified State Register contains information about a court decision on the arrest of corporate rights - in case of state registration of changes in information on a legal entity contained in the Unified State Register due to a change in the share of the founder (participant) in the authorized (share) capital (share foundation) of a legal entity;

4) the grounds for suspending the consideration of documents for a fixed period have not been eliminated;

5) the documents contradict the requirements of the Constitution and the laws of Ukraine;

6) the documents contradict the charter of the social formation;

7) the procedure established by law for the formation of a legal entity, a public entity has been violated, it does not have the status of a legal entity;

8) the discrepancy of the name of the legal entity with the requirements of the law;

9) by the founder (participant) of the legal entity established by conducting state registration of the decision to terminate the legal entity as a result of its liquidation;

10) in relation to a person in respect of whom an application was submitted for state registration of changes to the information of the Unified State Register related to the change of founders (participants) of a legal entity, a state registration of the decision to terminate the legal entity as a result of its liquidation was made;

11) documents for state registration of the termination of a legal entity are presented:

before the deadline established by this Law;

in relation to a legal entity that terminates as a result of its liquidation and is the founder (member) of other legal entities and / or has not closed separate subdivisions;

there is no record in the Unified State Register of state registration of a legal entity created by reorganization as a result of merger, accession, division or transformation;

on a joint-stock company in respect of which information has been received on the presence of non-canceled registration of a share issue;

in relation to a legal entity - an issuer of securities, in respect of which information has been received on the presence of non-canceled securities issues;

in relation to the legal entity liquidated in respect of which information has been received on the existence of a debt in the payment of taxes and fees and / or the existence of a debt in the payment of a single contribution to the obligatory state social insurance;

in relation to the legal entity being reorganized in respect of which information has been received on the existence of arrears in the payment of taxes and fees and / or the arrears in the payment of a single contribution to obligatory state social insurance and there is no agreed plan for reorganization of the legal entity;

in relation to a legal entity in respect of which information was received on the existence of arrears in the payment of insurance funds to the Pension Fund of Ukraine and social insurance funds;

in relation to a legal entity in respect of which information has been received on open enforcement proceedings;

in relation to the legal entity in respect of which the bankruptcy proceedings are open.

The message about the refusal to conduct state registration should contain references to a specific rule (clause, article) of the law, indicating what exactly was violated during registration and submission of documents, and also what clause or article submitted by the claimant (certificate, protocol etc.) does not comply with legislation.

Refusal of state registration for reasons not provided for in this article, as well as refusal of state registration (legalization) of a trade union, its organization or association is not allowed.

Refusal of state registration is carried out within 24 hours after receipt of documents submitted for state registration, except weekends and holidays.

A message about the refusal of state registration indicating the exclusive list of grounds for refusal and the decision of the subject of state registration about the refusal of state registration are posted on the electronic services portal on the day of the refusal of state registration.

In case of refusal of state registration, the documents submitted for state registration (except for the document on the payment of the administrative fee) are returned (issued, sent by mail) to the applicant no later than the next business day from the date the application for refund is received from the applicant.

After elimination of the reasons that served as grounds for refusal of state registration, the applicant may re-submit documents for state registration.