Volodymyr Gurlov
Managing partner

Don't know how to get the license? I can help you with it!

Legal consultation
HomePublicationsRepresentative experienceRegistration of a charitable organization in Ukraine and recruitment of volunteers.

Registration of a charitable organization in Ukraine and recruitment of volunteers.

Views: 639

The war in Ukraine has raised a new wave of registration of charitable foundations and organizations in the country. Now more than ever many people and not only need help - the main thing is to know exactly to whom you are ready to give such help, what purposes your fund will pursue.

Moreover the whole world responded to Ukraine's appeal for help, both individuals, citizens of different countries, and organizations and enterprises of different levels all over the world send their funds and humanitarian aid.

To make sure that all the efforts were not in vain, it's important to organize the process of accepting the aid and sending it to the addressee, and this is exactly what charitable foundations do. When they are in Ukraine, they are firstly able to understand exactly where help is needed, and secondly they can act as an official mediator between any level of philanthropy and the beneficiary.

Today we will tell you more about the registration of charitable organizations in Ukraine during the war, as well as about the main rules of starting such organizations in Ukraine.

How do I start to register a charitable foundation in Ukraine?

Despite the fact that a few months ago, the work of state registrars was suspended, today a charitable organization can be registered in all regions of Ukraine, except for the occupied territories and territories where military operations are in progress. We register foundations in Kiev, because all the main state authorities and large logistics centers are located there, and it's easier to carry out any registration activities.

At the start you need to decide on the following questions:

  • What will be the structure of the charity's governing bodies?

  • What will be the goals of the foundation? Who will it help?

  • Who will do the organization's accounting? Who will be in charge of aid logistics?

  • How will charitable aid be accepted and further distributed for the purposes of the foundation?

Based on the answers to these questions, it will be possible to prepare a decision on the creation of the fund, and to develop a draft of its Charter.

If foreign persons will act as founders of the fund - it is a common practice for many foreign organizations it is easier to organize transfer of aid through a separately registered fund in Ukraine, in this case several additional documents should be prepared. At least a notarized power of attorney will be required for each foreign founder. 

Based on the practice of charitable organizations in Ukraine, we will also recommend the best options with the management bodies of the foundation, which will suit your number of founders and objectives of the fund.

As for the registration process itself, today it can be done even online, moreover - without additional state fees. The main thing is to prepare the documents correctly.

Can I immediately hire employees and volunteers for the charity?

Of course, just registering a foundation is not enough to make it work. You will need on-site assistants - at least to receive and distribute aid. And also an accountant, perhaps an administrator, and many others, depending on the size of the foundation, your workload and the volume of work. Both volunteers and salaried employees can work with the foundation. What is the difference?

Charitable Foundation Employees.

With the employees of the fund the same labor relations are established, as if these workers were hired by a Ukrainian company. An employment contract should be concluded, according to the labor law of Ukraine, the employee should get a salary and have all the rights and obligations, established by the law. 

Employee (not a volunteer) cannot work on a voluntary basis. the only exception - the director. True, if the employee also wants to be a volunteer - he can do it in his spare time. Two contracts are signed with him, which clearly spell out his situation.

When hiring an employee to work for a charitable foundation, you must:

  • choose a work system comfortable for both of you (full-time, part-time, remote, etc.);

  • comply with the legal requirements on the form of the employment contract.

Charitable Foundation volunteers.

Volunteers can come and provide their services to the organization on a voluntary basis, that is, without payment for their labor. It is not necessary to enter into a contract with them, except in the following cases:

  • if the organization is engaged in assistance in elimination of consequences of emergency situations of man-caused or natural character;

  • if assistance is provided to the Armed Forces of Ukraine and other military formations during a special period, legal regimes of state of emergency or martial law;

  • if volunteers are foreigners.

If you want to register a charitable organization in Ukraine today - contact us. We will help not only with registration, but also with organization of processes in the foundation.

Views: 639