Establishment of a farm + template of the charter of the farm + template of the decision (protocol) on the establishment of the farm

Farming is a form of entrepreneurship of citizens for the purpose of production, processing and sale of marketable agricultural products. Members of a farm may not be persons who work in it under an employment contract (contract, agreement). Relations related to the establishment and operation of farms are regulated by this Code, as well as the law on farming and other laws (Article 114 of the Commercial Code of Ukraine).

A more detailed definition of farming is given by Article 1 of the Law of Ukraine "On Farming", according to which farming is a form of entrepreneurial activity of citizens who have expressed a desire to produce marketable agricultural products, process and sell them for profit on land provided to them in the ownership and / or use, including for rent, for farming, commodity agricultural production, personal farming, in accordance with the law.

Establishment of a farm

A farm may be established by one citizen of Ukraine or several citizens of Ukraine who are relatives or family members, in accordance with the law (Part 2, Article 1 of the Law of Ukraine "On Farming").
The farm is subject to state registration as a legal entity or a natural person - entrepreneur. The farm operates on the basis of the constituent document (for a legal entity - the charter, for the economy without the status of a legal entity - the agreement (declaration) on the establishment of the farm). The constituent document indicates the name of the farm, its location, address, subject and purpose of activity, the procedure for forming property (capital), management bodies, the procedure for making decisions, the procedure for entering and leaving the farm and other provisions that do not contradict the legislation of Ukraine . (Part 4 of Article 1 of the Law of Ukraine "On Farming").

A farm can be registered only if it is acquired by a citizen of Ukraine or several citizens of Ukraine who have expressed a desire to establish a farm, ownership or use of land (Article 8 of the Law of Ukraine "On Farming").

Provision of land plots of state and communal ownership in the ownership or use for farming is carried out in the manner prescribed by the Land Code of Ukraine (Article 7 of the Law of Ukraine "On Farming").

ATTENTION, it follows from Articles 1 and 8 of the Law of Ukraine "On Farming" that farms have the right to create only one or more citizens of Ukraine. Therefore, foreigners and stateless persons do not have such a right by law.

Thus, a farm (FG) can be established as a legal entity or without the status of a legal entity. Consider the nuances in the table.

The farm is subject to state registration in the manner prescribed by law for state registration of legal entities and natural persons - entrepreneurs, provided the acquisition of a citizen of Ukraine or several citizens of Ukraine who have expressed a desire to create a farm, ownership or use of land (Article 8 of the Law " About the farm ")

To create and state registration of a farm with the status of a legal entity, it is necessary to submit the following list of documents to the state registrar:

1) application for state registration of a legal entity (Form 1);

2) the original OR a notarized copy of the decision of the founder (if he is one) or the decision of the founders (if there are two or more);

3) the charter of the farm;

4) a notarized copy of the passport of the beneficiary (or passports of the beneficiaries, if there are several), if the passport is in the form of a booklet and not an ID-card. ATTENTION: even in case of submission of documents personally by the sole beneficiary, a notarized copy of the passport must still be attached to the package of documents.

To create and state registration of a family farm without the status of a legal entity, it is necessary to submit to the state registrar:

1) application for state registration of a natural person by an entrepreneur (Form 10);

2) a notarized agreement on the establishment of a family farm (if there are several founders) or a declaration on the establishment of a family farm (if the farm will be run alone). Unlike the contract, the declaration is not subject to mandatory notarization;

3) if the person has reached 16 years of age, but has not yet reached 18 years of age - notarized written consent of parents (adoptive parents) or guardian or guardianship authority.

You can create a farm charter in Instaco Designer at the link. To create, you only need to enter the data of your farm and its founders.

Also, you have the opportunity to quickly make the minutes of the general meeting of founders or the decision of the sole founder to establish a farm. To do this, in the Instaco constructor by following the link, you simply fill in the necessary data and create a document.