Nataliya Volodymyrivna Ivashchenko
Donation contract, donation
According to the donation contract the donor transfers or undertakes to transfer property (gift) to the recipient free of charge in the future. The parties to the donation contract can be a natural person, a legal entity, the state of Ukraine, the Autonomous Republic of Crimea, territorial communities.
The parties to the donation contract are the donor and the recipient. The conclusion of donation contracts by citizens must be carried out in compliance with the general rules of civil legislation on their legal capacity. The legislation establishes additional guarantees for the protection of persons under guardianship or care. Based on the interests of children, persons under guardianship, the current legislation states that parents (adoptive parents), guardians do not have the right to donate the property of children, wards.
Legal entities act as parties to a donation agreement within their special legal capacity - a donation agreement between legal entities engaged in entrepreneurial activity is not allowed if the right to donation is not expressly provided for by the charter of the donor.
A donor's representative can also conclude a donation contract based on a power of attorney. If the name of the donee is not specified in the power of attorney for concluding the donation contract, such power of attorney is null and void.
The list of documents necessary for concluding a gift contract in originals
identification number – original or notarized copy;
Birth certificate, if the person has reached the age of 14 - passport and identification number;
Permission of the guardianship authority – if minors or minors participate in the agreement;
Statement of parents, adoptive parents/guardians about their consent to the execution of the transaction by a minor, the authenticity of the signature is certified by a notary, if minors aged 14 to 18 participate in the transaction, their personal presence during the conclusion of the contract with a passport and identification number;
The consent of the spouses if the property was acquired by the donor in marriage, or the personal presence of the husband/wife during the conclusion of the contract with a passport and identification number, marriage certificate;
A document confirming family relations, in the case of a gift to a family member of the first degree of kinship - parents, husband, wife, children, including adopted children.
For legal entities:
The original of the Charter of the legal entity;
Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations;
A document confirming the authority of the representative - a notarized power of attorney, protocol, decision;
The protocol on the election of the manager and the appointment order, if a representative acts on behalf of a legal entity under a power of attorney - a notarized power of attorney;
Protocol (decision) of the general meeting of the legal entity on the agreement on the issue of concluding a donation contract;
The original passport of the representative of the legal entity;
Identification number or notarized copy;
Seal of a legal entity.
Documents confirming the Donor's ownership of real estate.
For the conclusion/certification of real estate contracts, the parties must consult a notary public for a more detailed specification of the list of all necessary documents.