Unofficial translation (c) Soyuzpravoinform LLC

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 14, 2023 No. 2211/5

About approval of the Procedure for provision by the legal entity of explanations and/or documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity, and also procedure for their consideration

1. Approve the Procedure for provision by the legal entity of explanations and/or documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity, and also procedure for their consideration which is applied.

2. 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".

3. This order becomes effective in 10 days from the date of its official publication.

4. To impose control over the implementation of this order on the First Deputy Minister Gorovts E.

Approved by the Order of the Ministry of Justice of Ukraine of June 14, 2023, No. 2211/5

Procedure for provision by the legal entity of explanations and/or documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity, and also procedure for their consideration

1. This Procedure determines the procedure of provision by the legal entity to the state registrar of legal entities, physical persons entrepreneurs and public forming (further - the state registrar) explanations and/or documents for confirmation of information about the final beneficial owner (further - KBV) and/or structure of property of the legal entity, the containing in the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming (further - the Unified state register), and also procedure for their consideration by the state registrar.

3. The state registrar within 3 working days from the date of entering into the Unified state register of mark about possible unauthenticity of information on KBV and/or structure of property of the legal entity sends to the legal entity the requirement about provision of written explanations concerning the revealed possible unauthenticity of information on KBV and/or structure of the property of the legal entity containing in the Unified state register (Further - explanation).

4. The requirement of the state registrar to the legal entity about provision of explanations (further - the requirement) shall contain initial date and number, the description of the revealed possible unauthenticity of information on KBV and/or structure of property of the legal entity. The requirement is signed by the state registrar and goes on the location of the legal entity specified in the Unified state register, the recommended mailing or the mailing with the announced value with the assurance of receipt.

The requirement goes one of the following methods:

through system of electronic interaction of executive bodies;

on the e-mail address which is specified in the Unified state register, with use of office e-mail;

custom departure with mark about delivery on the postal address specified as the location (residence) in the Unified state register.

The visual form of an electronic document kept in формате.pdf with the details put by means of QR code - in case of creation of the document electronically or the scanned copy of the paper document - in case of creation of the document in paper form goes to the e-mail address.

In case of creation of the document electronically the paper copy of the electronic document which is certified by the responsible official goes to the postal address.

5. The legal entity within 10 working days from the date of receipt of the requirement shall provide to the state registrar of explanation and documents for confirmation of data on KBV and/or structure of property of the legal entity (further - supporting documents).

6. The explanation is signed by the head of the legal entity or person, the representative to act on behalf of the legal entity, and shall contain:

1) reliable information about KBV of the legal entity:

surname, own name, middle name (in the presence);

birth date;

all known countries of nationality (citizenship);

series (in the presence) and document number (documents), proving the identity and confirming nationality (citizenship), in particular, but not only, passports of the citizen of Ukraine for trip abroad;

unique number of entry in the Unified state demographic register (in the presence);

place of residence;

registration number of accounting card of the taxpayer (in the presence);

nature and degree (level, degree, share) of beneficial ownership (benefit, interest, influence);

2) structure of property of the legal entity on form and content, determined according to the legislation;

3) in case of confutation of possible unauthenticity of information on KBV and/or structure of the property of the legal entity containing in the Unified state register - exhaustive reasons with reference to the documents confirming the corresponding facts;

4) in case of confirmation of unauthenticity of information on KBV and/or structure of the property of the legal entity containing in the Unified state register - the reasons for which the relevant information was not timely updated by the legal entity;

5) the list of the supporting documents attached to explanation for confirmation of information;

6) signature date of explanation.

7. Supporting documents can be only those which are received from official sources, are valid (valid) at the time of their representation and include all necessary identification data. The supporting document which is provided in the copy shall be certified by putting down of the signature on it the head of the legal entity or person, the representative to act on behalf of the legal entity if the legislation does not determine other method of assurance of the copy of the relevant document.

8. Explanations together with supporting documents are provided or go the legal entity to the state registrar in paper form. Sending explanations and supporting documents is by mail performed by the registered mail with the assurance of receipt.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info