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Ministry of Justice of Ukraine

June 8, 2021

No. 768/3639

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of March 19, 2021 No. 163

About approval of the Regulations on form and content of structure of property

According to part of the twenty fourth article 17 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming" and to item 4 of the Section X "Final and transitional provisions" of the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction" PRIKAZYVAYU:

1. Approve Regulations on form and content of structure of property which are applied.

2. In accordance with the established procedure to provide to department of ensuring coordination and monitoring work:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

3. This order becomes effective in month from the date of its official publication.

4. To impose control of execution of this order on the First Deputy Minister Ulyutin D. V.

Minister

S. Marchenko

Approved by the Order of the Ministry of Finance of Ukraine of March 19, 2021 No. 163

Regulations on form and content of structure of property

1. This Provision is developed according to the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming" and the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way to financing of terrorism and financing of distribution of weapons of mass destruction" and reflects form and content of structure of property which for the purpose of establishment of the final beneficial owner shall be provided to the state registrar without fail.

2. In this Provision terms are used in the values given in the Law of Ukraine "About prevention and counteraction of legalization (washing) of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction".

3. The structure of property in form is the official document which represents the schematic image of structure of property of the legal entity which reflects all persons who directly or indirectly own this person independently either together with other persons or irrespective of formal ownership have possibility of considerable influence on management or activities of the legal entity.

Models of creation of the schematic image of structure of property are published on the official website of the Ministry of Finance.

4. In case of availability in structure of property of the legal entity of foreign legal entities and/or persons who are not in citizenship of Ukraine and are citizens (subject) of other state or the states, trusts, other similar legal educations official documents (their copy, including the notarized copies) confirming accessory to these persons, trust and/or other similar legal formations of corporate laws in the legal entity except cases when the data on appropriate subjects which are available in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming also shall be attached to the schematic image of structure of property.

5. In case of availability in structure of property of the legal entity of the beneficial owner, data on possibility of implementation by which decisive influence on management or activities of the legal entity accurately is not monitored according to the Unified State Register of Legal Entities of physical persons entrepreneurs and public forming or according to documents which are filed for carrying out registration action in document package together with structure of property, official documents (their copy, including the notarized copies) confirming opportunity to perform decisive influence on management or activities of the legal entity (including through control/ownership chain), including the purchase and sale agreement or donations of corporate laws (share in the authorized capital) also shall be attached to the schematic image of structure of property; decisions of general meetings of members (decision of the single participant) of the legal entity on determination of the size of the authorized capital and sizes of shares of participants; delivery-acceptance certificate of share (part of share) in the authorized (share) capital of the legal entity; the account statement in securities of the depositor; the account statement in securities of the nominee holder; agreement of property management; agreement on creation of trust; trust declaration and/or agreement; marriage certficate; endurance, the statement or other document from official source, including the trade, bank, judicial register; other documents confirming implementation of decisive influence (control) on activities of the legal entity.

6. The structure of property is signed by the head of the legal entity.

The structure of property is electronically created by software in any form suitable for perception of its content, with imposing of the digital signature based on the qualified digital signature certificate of the head of the legal entity according to requirements of the Law of Ukraine "About electronic confidential services".

Documents can be signed by other authorized person (except the head) having right to sign on behalf of the legal entity, in particular, the representative of the founder (participant) of the legal entity according to the made decision authorized body of management of this legal entity. In that case the original or the copy of the document confirming powers of signer certified in accordance with the established procedure is also attached to the schematic image of structure of property (except case if data on powers of this signer contain in the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming).

The structure of property which moves in document package for state registration of creation of the legal entity is signed by one of founders of such legal entity or other person authorized by meeting.

7. On the schematic image of structure of property are specified:

all persons who directly or indirectly own one legal entity independently or together with other persons (all members of the legal entity

and each person in each chain of ownership of corporate laws of the legal entity);

all persons who irrespective of formal ownership have possibility of considerable influence on management or activities of the legal entity;

the amount of participation (percent of corporate laws) which belongs to each physical person and/or legal entity, each trust and/or other similar legal education in other legal entity, trust or in other similar legal education.

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