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Transferring LLC shares to a depositary institution

Comprehensive legal support for protecting corporate rights, improving cybersecurity, and preparing for investment deals

What is the transfer of LLC shares to a depositary institution?

The transfer of LLC shares to a depositary institution is a strategic decision for companies seeking to ensure maximum protection of corporate rights, increase confidentiality, and comply with international management standards. This approach minimizes the risk of raiding, provides reliable protection against cyberattacks, and simplifies the process of attracting investment.

GOLAW provides comprehensive legal support for this process, including the preparation of necessary documents, interaction with the depositary institution, and ensuring compliance with all legal requirements.

Step-by-step guide to registering LLC shares with a depositary institution

1
1
Analysis of constituent documents
Auditing the charter and other corporate documents of the LLC to determine the necessary changes
2
2
Preparation of amendments to the charter
Development and formalization of amendments to the charter providing for the accounting of shares in the depository system
3
3
Decision-making by LLC participants
Organization and holding of a general meeting of participants to decide on the transfer of shares to the depository for registration
4
4
Conclusion of an agreement with a depositary institutio
Legal support for the signing of an agreement between the LLC and the selected depositary institution
5
5
Preparation and submission of documents
Preparation and submission of a complete set of documents to the depositary institution for opening accounts
6
6
Crediting shares to accounts
Organization of the process of crediting LLC shares to the corresponding accounts in the depository's accounting system

Key lawyers

Sergiy Oberkovych
Sergiy Oberkovych
  • Senior Partner, Attorney at law
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Oleksandr Melnyk
Oleksandr Melnyk
  • Partner, Head of Corporate Law and M&A practice, Attorney at law
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Oles Riabchuk
Oles Riabchuk
  • Senior Associate, Attorney at Law
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Frequently asked questions

  • Is the procedure of transferring shares to a depository mandatory?

    No, currently this procedure is voluntary. However, it is recommended to enhance the security and transparency of the corporate structure.

  • Is it possible to revert to the registration of shares through the Unified State Register after transferring them to a depository?

    Yes, there is an option to return to the registration of shares in the Unified State Register if the management strategy changes.

  • What costs are associated with transferring shares to a depository?

    The cost includes legal services (if required), the depository institution’s fee, and expenses related to account opening. An indicative estimate is usually available on the website of the depository institution.

  • How long does the procedure take?

    On average, the process takes 2 to 4 weeks depending on specific circumstances, including the compliance of corporate documents and the ability of participants to promptly sign the required documents

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