Acquisition and Termination of Legal Personality by District and Territorial Election Commissions

1. A district (territorial) election commission shall acquire and lose legal personality pursuant to the procedure set forth by the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Civic Organizations”.

2. A district (territorial) election commission shall acquire the status of a legal person on the day of the state registration of this legal person.

3. To perform the state registration of a legal person, the head of the commission or, in case of his or her absence, the deputy head, or in case of absence of the head and deputy head, the secretary of the commission shall, no later than on the fourth day following the day of the establishment of the commission, personally submit to the state registrar at the location of the district or territorial election commission a copy of the respective resolution of the Central Election Commission or territorial election commission of higher level on the establishment of the commission and an application on the state registration of a legal person. The state registration of the district (territorial) election commission as a legal person shall be performed on the day of the receipt of the documents submitted for its state registration as a legal person.

4. The status of a district (territorial) election commission as a legal person shall be terminated on the day of making an entry in the Unified State Register of Legal Persons, Individual Entrepreneurs and Civic Organizations on the liquidation of the district election commission as a legal person.

5. No later than within five days following the day of official announcement (official promulgation) of the results of the national election, the head of a district election commission or, in case of his or her absence, the deputy head, or in case of absence of the head and deputy head, the secretary of a commission shall personally apply to the registration authority with a written notification on the decision about the termination of the legal person in accordance with the requirements of the Law.

6. To officially register the termination of a district election commission as a legal person through its liquidation, the head of the commission or, in case of his or her absence, the deputy head, or in case of absence of the head and deputy head, the secretary of the commission shall, after the completion of the procedure for termination of the commission, but not earlier than the expiration of the time period for creditors’ claims, personally submit to the state registrar at the location of the commission an application on the state registration of the termination of a legal person as a result of its liquidation, a certificate issued by the archival institution on the receipt of the documents subject to long-term storage under the law, as well as the report on auditing conducted by a respective body of the state financial control, and respective documents issued by the territorial bodies of Pensions Fund of Ukraine, the tax authorities.

Territorial bodies of the state financial control, the Pension Fund of Ukraine, the tax authorities shall be obliged to perform respective audits prior to the termination of term of powers of the district election commission.

In case of the aforementioned bodies to carry out respective audits in the time period prescribed for audits for the purposes of state registration of a legal person as a result of its liquidation, the submission of documents prescribed by paragraph one of this Part (audit report conducted by a respective body of the state financial control, the territorial bodies of Pensions Fund of Ukraine, the tax authorities) is not required.

7. The powers of the district election commission as a legal person (to perform the functions of financial and logistical support of the election process) may be exercised by the respective territorial representation of the Central Election Commission formed with the status of a legal person by the decision of and in the manner established by the Central Election Commission. In this case, the state registration of the district election commission as a legal person is not carried out.