A paralegal Yaroslav Pylypets comments on some aspects of the Law of Ukraine “On Limited Liability Companies”.
The recently adopted Law of Ukraine “On Limited Liability Companies” introduces numerous amendments to the regulatory acts, in particular, to the Law of Ukraine “On State Registration of Legal Entities, Entrepreneurs and Non-governmental organizations ” (hereinafter – “Law on State Registration “).
However, the Law on State Registration does not completely resolve the issue of the actual address of a legal entity. In particular, in the process of the state registration of legal entity / change of its address, the above-mentioned law does not provide for submission of any confirmation of the right of a legal entity to use the premises claimed. In addition, the state registrar is not required to check if there is a legal right to use the specified premises, as the registrar has no authority to in these terms.
In practice this leads to massive improper use of unscrupulous legal entities. So any person can indicate your home address, which could be already used by dozens of legal entities, and you won’t even know about it. In case of the appeal of the state registrar’s actions in terms of the above-mentioned issue, the Committee on the processing of complaints on state registration does not satisfy a claim of the applicant party due to the absence of violations by state registrars. In this case it is necessary to appeal to the court, which leads to material and time costs.