MODEL STATUTE AS A CONSTITUTIONAL DOCUMENT AND FEATURES OF ITS USE

Abstract

One of the priority tasks in the creation and registration of an enterprise as a legal entity is the development of constituent documents. The current legislation of Ukraine stipulates that an economic entity may be created and act on the basis of a model charter, which after its adoption by the participants becomes a constituent document. Information on whether the legal entity operates on the basis of the model statute is indicated in the application for state registration of the legal entity (except for public formations and authorities) and the Unified State Register. Currently in Ukraine, activities on the basis of the model charter as a constituent document can be carried out only by a business company in the form of a limited liability company. On March 27, 2019, the Cabinet of Ministers of Ukraine approved a new version of the model charter of a limited liability company. The purpose of the article is to study the peculiarities of the creation and conduct of legal entities (limited liability companies) on the basis of the model charter, to determine the advantages and disadvantages of its use as a constituent document. The article examines the peculiarities of using the model charter as a constituent document of a legal entity. The concept of model charter, advantages and disadvantages of its use are considered. The list of documents required for state registration of the transition of a legal entity to an activity on the basis of a model charter, as well as the transition from a model charter to an activity on the basis of its own constituent document is indicated. The content of the model charter of a limited liability company and the possibility of forming its own editorial office are described. The peculiarities of online registration of a limited liability company on the basis of the model charter and the transition of a legal entity to activity on the basis of the model charter are highlighted. The main normative legal acts regulating the use of the model charter in Ukraine are indicated. The practical value of the article lies in the study of regulatory and legal support for the activities of enterprises on the basis of the model charter and coverage of current issues of its use as a constituent document.