Monday, August 1, 2011

Simplified procedure if the business?

Act on the facilitation of the establishment of businesses commented Lawyer UK" Vaschenko Buhay & Partners Artem Fedosin. April 21, 2011 the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on simplification of procedures for the establishment of entrepreneurship." According to the chairman of the Committee on Industrial and Regulatory Policy and Entrepreneurship, Royal N. Yu, adoption of the law "will technically improve our external ratings, at least 30 points" Doing business "". But whether the changes help to facilitate the establishment and administration of business? svezheprinyatogo nuances of the law explained, "Money" Artem Fedosin, lawyer UK "Vashchenko , Buhay and partners. "1. The law provides an exception to the Law of Ukraine" On state registration of legal entities and physical persons - businessmen "(hereinafter - the Law on State Registration) provisions for reservation of the name of a legal entity. This change was prompted by abuses in the name of reservation and the that the reserved names are not used. Indeed, the transition of closed and open joint-stock companies in public and private encounters situations in which backed up the name, particularly banks, after which the certificate of reservation of "sell." However, redundancy is the name for the founder of the only warranty that this item does not registered. As is known, was previously canceled online access to the Unified State Register of legal entities and individual entrepreneurs. Thus, the only way to verify that the name will get removed from the register. It is possible that the name may be registered third person and after you extract. Art. 23 of the Law on state registration is established validity of entries to reserve two months. Thus, without the use of reserved names does not imply the impossibility of using third parties such name within two months from the date of reservation. 2 . The law provides for the abolition of the compulsory introduction of the capital of a limited liability company (hereinafter - the Company) or a limited partnership prior to registration. Stated share (the Company) or composite (limited partnership) capital payable by participants before the end of the first year from the date of state registration. So , the legislator Imperative is impossible to determine the formation of capital for these companies until the day of registration. The consequence of this change is the abolition of the rule of the mandatory provision of the state registrar of a document confirming payment of the founders of contributions to share capital. Thus, there is no need to open an account for the formation of capital by making contributions in cash. 3. Act abolishes minimum capital for the Company. At the moment, is set relatively low minimum capital of the Company - one of the minimum wage. This minimum size should not stop those who intend to create and run their business. Also, do not should not forget that the authorized capital of the Company determines the minimum size property of the company, which guarantees the interests of its creditors. Thus, participants who are concerned about the reputation of the society will continue to increase the authorized capital of the company. 4. The law simplifies the requirement for a notarial registration of certain documents. In particular, abolished the rule of mandatory notarization of the signatures of the founders (participants) in the founding documents and notarization of the founding treaties have been amended. insignificantly reduces cash costs for registration of legal entities. But the cancellation of the said rules provides a wide scope for fiddling with fake signatures on the founding documents. Thus, in general, the law can improve the ratings of doing business in Ukraine, but in fact the procedure for the establishment of entrepreneurship is not particularly easy, and opens the way for abuse especially when signing the founding documents.

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