If you're planning to register a Charitable Foundation, we can make the process much easier for you by providing our assistance. Getting ready for the procedure can take time, especially when gathering all the required documents. We always inform our clients about the specific list of documents needed, keeping them well-informed. However, if you've chosen to handle the initial stages of foundation registration on your own and are currently in the process of collecting the necessary paperwork, here's a list of what will be needed, depending on the founders involved.
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If the founder/founders are Ukrainian individuals
If the founder or one of the founders is a legal entity registered in Ukraine
In this case, you only need to know their EGRPOU code.
If the founder/founders are foreign individuals (foreign citizens)
First and foremost, the foreign individual(s) need to obtain a Tax Identification Number (TIN) in Ukraine (also known as an identification code, INN, or RNOKPP - registration number of the taxpayer's record card). We can assist with this process, but it will require a power of attorney in advance.
The power of attorney must be notarized and, depending on the country, apostilled or legalized (in some countries with mutual recognition agreements with Ukraine, a notarized document without apostille or legalization is sufficient).
If the founder is a foreign legal entity (company or organization)
You will need a document proving its registration. Typically, this could be an extract from the trade register, court register, chamber of commerce, or a certificate of registration. This document must reveal the company's ownership structure, including details about the founders and their respective ownership stakes (the percentage of voting rights or share capital they hold).
If the initial document lacks these specific details, additional documents that disclose this information may be necessary. For example, an extract from the company's articles of association could be used. Moreover, the registration documents must be properly certified: apostilled/legalized (depending on the country) or simply notarized or certified by the issuing authority, especially if there is a mutual recognition agreement between our countries, as is the case between Ukraine and Poland.
The Next Step: Developing Constituent Documents
Now that you have all the necessary information, you can move on to creating the constituent documents. These documents include the charter and the minutes of the general meeting or the decision of the member. What should the charter of a charitable foundation contain? For more detailed insights, you can check out our article titled "Charter of a Charitable Foundation: What You Need to Know."
Let's clarify when you need to draft the minutes of the general meeting and when the decision of the member is required. It's simple: if there are two or more founders, you’ll need to hold a general meeting and prepare the minutes of the meeting. If there's only one founder, they will create a decision of the member.
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Thus, to register a charitable foundation, you will need to submit:
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Minutes of the general meeting or the decision of the participant.
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One copy of the charter (it's a good idea to print and sign two copies, keeping one for yourself).
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Application for the registration of a legal entity.
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The ownership structure of the foundation (this graphical representation shows who the founders are, who the founders of the founders are, and their respective ownership percentages). However, in the case of a foundation, you can submit one where it's indicated that there are no ultimate beneficiaries, and this would be correct. We will explain why in one of our upcoming articles.
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Translated document of the registration of a foreign company (if the founder is a foreign company).
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Notarized copies of the beneficiaries' passports (if there are any beneficiaries).
Properly preparing all these necessary documents is crucial to ensure a smooth and efficient registration process. If you want a fast and guaranteed registration of your charitable foundation, feel free to contact us!
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