Toda

Changes to the legislation in the field of state registration

From 28.08.2018 the amendments to the legislation in the field of state registration entered into force, introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Creation of Economic Preconditions for Strengthening the Protection of the Right of the Child to Proper Maintenance," dated July 3, 2018, No. 2475-VIII.

From now on, notaries, registration authorities, state registrars, in cases provided for by law, will check information about applicants in the Unified Register of Debtors. In the case of records in such register, state registrars, notaries are obliged to refuse registration actions and on the day of the debtor's request to notify the state executive service body or private executor indicated in the Single register of debtors.

In particular, the document provides for the following changes:

in the Law of Ukraine "On the State Registration of Real Rights to Real Estate and their Encumbrances" (Vidomosti of the Verkhovna Rada of Ukraine, 2016, No. 1, Article 9, No. 30, Articles 542, No. 47, Art. 800):

1) part three of Article 10 is supplemented with clause 9-1 of the following content:

"9-1) provides, in the established manner and in cases provided for by the Law of Ukraine" On Enforcement Proceedings ", information of the state executive service or a private executor";

2) in Article 24:

Paragraph 12 of Part One is set forth in the following wording:

"12) the applicant filed an application for the state registration of ownership of the property, which, according to the documents submitted for such registration, was alienated by a person who, at the time of such registration, has been entered into the Unified Register of Debtors, in particular, in enforcement proceedings for the payment of alimony in the presence of debts from the relevant payments over three months ";

paragraph third of the second is excluded.

In turn, in the Law of Ukraine "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Formations" (Vidomosti Verkhovnoyi Rady Ukrainy, 2016, No. 2, Article 17, No. 47, Art. 800, 2018, No. 13, item 69):

1) Part 2 of Article 6 is supplemented with clause 6-1 of the following content:

"6-1) provide, in the established manner, and in cases provided for by the Law of Ukraine" On Enforcement Proceedings ", information of the body of the state executive service or a private executor";

2) Part one of Article 28 shall be supplemented with paragraph 3-1 of the following:

"3-1) Statement on the state registration of changes to the information of the Unified State Register related to the change of the founders (participants) of a legal entity in connection with the change in the share of the founder (participant) in the authorized (stock) capital (unit fund) of the legal entity , filed for the founder (participant), who at the moment of submission of the application has been entered into the Unified Register of Debtors, in particular, in enforcement proceedings for the recovery of alimony in the presence of arrears of relevant payments for more than three months, except in the event of an increase in the amount of such share. "

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