The document discusses entrepreneurship and state registration of businesses in Ukraine. It defines entrepreneurship as independent economic activity undertaken with the goal of profit. Entrepreneurship can be conducted by individuals or legal entities and in various organizational forms as established by law. The state registration of businesses and entrepreneurs is handled by registrars and serves as official recognition by the state of a new business or change in entrepreneur status. The registration process and required documents are also outlined.

1. BUSINESS LAW
Lecture 6
1. Entrepreneurship as a Type of
Business Activity.
2. State registration of legal
entities and natural persons –
entrepreneurs.

2. 1. Entrepreneurship as a Type of Business
Activity.
1.1. Everyone has the right to entrepreneurial
activity that is not prohibited by law.
1.2. The entrepreneurial activity of deputies,
officials and officers of bodies of state power
and bodies of local self-government is restricted
by law.
Art. 42 Constitution of Ukraine.

3. 1. Entrepreneurship as a Type of Business
Activity.
1.3. Economic activity, carried out to achieve
economic and social results and in order to
generate profit shall be deemed
entrepreneurship, and business entities shall be
deemed entrepreneurs.
1.4. Economic activity may be carried out
without the purpose to generate profit (non-
profit economic activity).

4. 1. Entrepreneurship as a Type of
Business Activity.
1.5. Entrepreneurship, to be understood as a
separate, initiative, systematic, own-risk
economic activity, carried out by business
entities (entrepreneurs) with the purpose of
achieving economic and social results, and
generating profit.
Art.42 Economic Code of Ukraine.

5. 1. Entrepreneurship as a Type of
Business Activity.
1.6. Non-profit economic activity shall be
understood as an independent systematic
economic activity carried out by business
entities, and aimed at achievement of economic,
social and other results without the purpose of
generating profit.
Art. 52 Economic Code of Ukraine.

6. 1. Entrepreneurship as a Type of
Business Activity.
1.7. Entrepreneurs shall have the right to perform independently
without any limitations any such entrepreneurial activity that is not
banned by the law.
1.8. Peculiarities of performing certain types of entrepreneurship shall
be established by legislative acts.
1.9. The list of types of entrepreneurial activity subject to licensing, as
well as the list of activities, wherein entrepreneurship is banned shall
be established exclusively by the law.
1.10. State authorities and local governments may not carry out
entrepreneurial activity.
Entrepreneurial activity of officials of state authorities and local
governments shall be restricted by the law in cases, provided by part
two, Article 64 of the Constitution of Ukraine.

7. 1. Entrepreneurship as a Type of
Business Activity.
1.11. Principles of Entrepreneurial Activity
Entrepreneurship shall be conducted on the basis of:
free choice by the entrepreneur of a type of entrepreneurial activity;
independent development by the entrepreneur of his/her activity program,
selection of suppliers and consumers of products manufactured, employment
of material and technical,
financial and other resources, the use of which is not limited by the law, fixing
of prices for products and services in compliance with the law;
free employment of personnel by the entrepreneur;
commercial calculation and own commercial risk;
free disposal of retained profit, left after payment of taxes, fees and other
payments, envisaged by the law;
independent performing by the entrepreneur of foreign economic activity;
the use by the entrepreneur of an international currency share of proceeds at
his/her own discretion.

8. 1. Entrepreneurship as a Type of
Business Activity.
1.12. Organizational Forms of Entrepreneurship:
Entrepreneurship in Ukraine shall be conducted in any
organizational forms, envisaged by the law, at
entrepreneur’s discretion.
The procedure of setting up, state registration,
reorganization and liquidation of subjects of
entrepreneurship of certain organizational forms shall be
determined by Economic Code and other laws.
As to individuals and legal persons, for which
entrepreneurship is not their major activity, the
provisions of Economic Code shall apply to the part of
their activity, which is entrepreneurial in its nature.

9. 2. State registration of legal entities and
natural persons – entrepreneurs.
2.1. State registration of legal entities and
individuals - entrepreneurs - official recognition
by the state of the fact of creation or
termination of a legal entity, certification of the
fact of acquisition or deprivation of the status of
an entrepreneur by an individual provided for by
the Law of Ukraine "On state registration of legal
entities, individuals - entrepreneurs and public
formations" dated 15.05 .2003.

10. 2. State registration of legal entities and
natural persons – entrepreneurs.
2.2. The state registrar of legal entities, natural
persons - entrepreneurs and public formations -
a person who is in an employment relationship
with the subject of state registration, a notary.

11. 2. State registration of legal entities and
natural persons – entrepreneurs.
2.3. The Unified State Register of Legal Entities,
Individuals - Entrepreneurs and Public
Formations is a unified state information system
that provides collection, accumulation,
processing, protection, accounting and provision
of information about legal entities, individuals -
entrepreneurs and public entities that do not
have the status of a legal entity.

12. 2. State registration of legal entities and
natural persons – entrepreneurs.
2.4. The holder of the Unified State Register of
Legal Entities, Individuals - Entrepreneurs and
Public Formations is the Ministry of Justice of
Ukraine, which takes organizational measures
related to ensuring the functioning of the
Unified State Register of Legal Entities,
Individuals - Entrepreneurs and Public
Formations.

13. 2. State registration of legal entities and
natural persons – entrepreneurs.
2.5. Consideration of documents of legal entities
and natural persons - entrepreneurs submitted
for state registration is carried out within 24
hours after receipt of documents submitted for
state registration.

14. 2. State registration of legal entities
and natural persons – entrepreneurs.
2.6. Documents submitted by the applicant for state registration of a legal entity:
1) application for state registration of a legal entity.
2) a copy of the original (notarized copy) of the decision of the founders on
the establishment of a legal entity.
3) constituent document of a legal entity - in case of creation of a legal entity
on the basis of its own constituent document.
4) a document confirming the registration of a foreign person in the country
of its location (extract from the trade, banking, court register, etc.) - in the
case of creating a legal entity, the founder (founders) of which is a foreign
legal entity.
5) a document confirming payment of the registration fee.