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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 9, 2023 No. 2179/5

About carrying out state registration within several administrative and territorial units

According to the paragraph the second parts two of article 4 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming", the paragraph the second parts five of article 3 of the Law of Ukraine "About state registration of the corporeal rights to real estate and their encumbrances", for the purpose of providing the conditions directed to access of physical persons and legal entities to services in state registration of legal entities, physical persons entrepreneurs and public forming, state registration of the corporeal rights to real estate and their encumbrances, PRIKAZYVAYU:

1. Determine that:

1) irrespective of the location of legal entities, the public forming which do not have the status of the legal entity, separate divisions of the legal entity formed according to the legislation of foreign state, real estate, objects of construction in progress, future real estate objects the following registration actions are carried out:

in the sphere of state registration of legal entities, the public forming which do not have the status of the legal entity, physical persons entrepreneurs and separate divisions of the legal entity formed according to the legislation of foreign state:

state registration of legal entities, the public forming which do not have the status of the legal entity, separate divisions of the legal entity formed according to the legislation of foreign state which location is the Autonomous Republic of Crimea, the Donetsk, Zaporizhia, Luhansk, Nikolaev, Kharkiv, Kherson regions, the city of Sevastopol;

state registration of legal persons - the religious organizations;

state registration of the legal entities belonging to the sphere of management central either local executive body or share of the state in the authorized capital of which constitutes 100 percent, is carried out according to the statement of authorized body of management of the corresponding objects of the state property / corporate laws;

registration actions based on judgments;

in the sphere of state registration of the corporeal rights to real estate and their encumbrances:

state registration of the property right and other corporeal rights to real estate, objects of construction in progress, future real estate objects which location is the Autonomous Republic of Crimea, the Donetsk, Zaporizhia, Luhansk, Nikolaev, Kharkiv, Kherson regions, the city of Sevastopol;

registration actions based on judgments;

according to the applications submitted to notaries by Fund of state-owned property of Ukraine or the legal entities belonging to the sphere of its management or legal entities whose share of the state in the authorized capital constitutes 100 percent and which control of corporate laws is exercised by Fund of state-owned property of Ukraine.

2) registration actions for reorganization (merge, accession, separation, transformation) or to apportionment of legal entities whose location are administrative and territorial units of various areas are carried out by the state registrar of legal entities, physical persons - entrepreneurs and public forming to which documents at the same time relatively of the corresponding legal entities, within several administrative and territorial units determined by paragraph one of part two of article 4 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming" are considered:

in case of merge or separation - on the location neogenic (neogenic) legal (legal) persons (persons) or on the location legal (legal) persons (person) who stop (stops) as a result of merge or separation;

in case of allocation - on the location neogenic (neogenic) legal (legal) persons (persons) or on the location of legal person predecessor;

in case of accession - on the location of legal person legal successor or on the location legal (legal) persons (persons) - predecessor (predecessors);

in case of transformation - on the location of the legal entity - the predecessor or on the location of legal person legal successor.

2. The subitem 1 of Item 1 of the order of the Ministry of Justice of Ukraine of March 28, 2016 No. 898/5 "About settlement of the relations connected with state registration of the corporeal rights to the real estate located in temporarily occupied territory of Ukraine", registered in the Ministry of Justice of Ukraine on March 29, 2016 at No. 468/28598, to exclude.

With respect thereto 2, 3 to consider subitems subitems 1, 2.

3. In Item 1 of the order of the Ministry of Justice of Ukraine of November 25, 2016 No. 3359/5 "About settlement of the relations connected with state registration of the legal entities and public forming which do not have the status of the legal entity, within several administrative and territorial units", registered in the Ministry of Justice of Ukraine on November 26, 2016 at No. 1528/29658:

exclude subitem 1.

With respect thereto to consider subitems 2-4 respectively subitems 1-3;

exclude subitem 3.

4. Approve the enclosed changes in some regulatory legal acts of the Ministry of Justice of Ukraine.

5. To department of private law (O.'s Ferens) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

6. To the technical administrator of the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming, the State register of the corporeal rights to real estate to take the adequate measures necessary for implementation of this order.

7. This order becomes effective in 15 days from the date of, its official publication following behind day, except the paragraph of the ninth subitem 1 of Item 1 of this order which becomes effective in three months from the date of its official publication.

8. I reserve control over the implementation of this order.

Approved by the Order of the Ministry of Justice of Ukraine of June 9, 2023 No. 2179/5

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