Formation of authorized capital of financial companies and joint-stock companies.

When registering an organization in any form of ownership, the formation of authorized capital is required. Different requirements for its amount and rules for its filling and replenishment are established in different spheres of activity. Without the amount contributed by the shareholders or founders of the organization, its activities are impossible. The formation of the authorized capital of a financial company is especially important. State regulators have established strict requirements. If the procedure is not followed, the National Bank of Ukraine, the National Securities and Stock Market Commission will not be able to issue a license to carry out activities.

In order to correctly form the authorized capital of a joint-stock company, it is better to contact professionals. In this case, you will be able to fully comply with the requirements of the regulators regarding the procedure and terms. If you need organization registration or legal assistance in filling up the authorized capital, the «Zigma» company offers its services.

What is authorized capital?

Authorized capital is the amount of funds invested by the founders (shareholders) in order to ensure the statutory activity of the company. Each member of a joint-stock company is obliged to contribute a certain amount of funds for its formation. In this way, he receives a certain share in the company corresponding to his contribution. In fact, the formation of the authorized capital of a joint-stock company constitutes the material basis for the functioning of a legal entity.

Authorized capital is formed for enterprises of any organizational and legal form of ownership. In an LLC, the liability of the founders is limited only to the size of the authorized capital, and is formed from the value of the shares. In joint-stock companies - from the value of the company's shares. Therefore, this is a minimum guarantee that the organization can meet the requirements of investors or creditors.

Is the authorized capital of a financial company formed only by money?

Financial organizations are subject to special requirements for the formation of authorized capital. The Law of Ukraine "On Financial Services and State Regulation of the Financial Services Market" clearly regulates the procedure and its features. According to Article 9 of this legal document, the authorized capital of the enterprise can be formed only with the help of funds. At the same time, they must be placed on commercial bank accounts.
Therefore, the formation of the authorized capital of the bank using securities, property rights or other things is impossible. It can be filled or topped up only with money.

What is the amount of authorized capital for financial companies of Ukraine?

The legislation provides for different amounts of authorized capital for different types of financial organizations. In particular, if you are registering a credit union, you must deposit at least 1,000,000 hryvnias. If you plan to open a pawnshop, the amount of authorized capital will be 500,000 hryvnias. If you need the formation of the authorized capital of the bank, you will have to pay from 500,000,000 hryvnias.

In addition, when forming the authorized capital in Ukraine, it is necessary to take into account the number of financial services that the organization will provide. If only one service is planned, the amount will be at least 3,000,000 hryvnias. This norm applies to organizations working in the field of factoring, leasing, guarantees and sureties, etc. If the financial company will provide two or more services, it is necessary to pay at least 5,000,000 hryvnias.

How to increase the authorized capital?

A decision on the replenishment of the authorized capital can be made only when the value of the initial contributions has been paid. That is, when all shareholders buy back their shares. At the same time, when increasing the capital of financial organizations, it is important to follow the procedure. It is enough for the LLC to approve the changes to the founding agreement. For enterprises that are registered in the form of PJSC or PrJSC, it is necessary to register changes to the UDR (unified state register).

The decision to increase the authorized capital of PJSC or PrJSC is taken at the shareholders' meeting and the updated version of the Charter is immediately approved. The minutes of the founding meeting must specify the source of replenishment, the size, change of participants' shares, and even the form in which the increase in the authorized capital will take place.

After that, it is necessary to submit an application to the registrar for state registration of changes to the authorized capital of the UDR. A number of documents must be added to it, including:

• a notarized copy of the decision of the constituent assembly;
• a receipt for the payment of state duty;
• founding document in the new edition.

You need to contact the registrar no later than 3 days after the approval of the decision to replenish the authorized capital. The registrar reviews documents and makes changes within 24 hours from the moment of application. Only after that, the authorized capital is actually replenished.

Do you need to confirm the financial status of investors?

Financial organizations registered as PJSC are required to confirm the financial status of founders or shareholders. This is necessary to prevent the use of budget or credit funds in the authorized capital, which is prohibited by law. Property status is confirmed in the following ways:

• certificate of income for individuals;
• audit opinion for legal.

Legal company «Zigma» offers services for persons who need to deposit or replenish the authorized capital of a financial organization. We will tell you about all the features of the procedure, help prepare the necessary documents and provide full support. In the event of unfounded claims by regulatory authorities, we defend your rights in court. The vast experience of working with financial organizations allows solving any problems of companies in the shortest possible time.

You may be interested in:

• Registration of joint-stock companies of Ukraine.
• Sale of ready-made financial companies.
• Offshore companies.