Create a public organization without registration. Registration of a public organization

Registration of a public organization in Russia - a set of measures aimed at opening an NGO and the subsequent conduct of legal activities. To avoid difficulties in the registration process, it is important to follow the given algorithm or involve specialists in the field of registration. In the second case, registration costs will be higher. Let's consider step-by-step instructions on how to register an NPO on your own.

What is a non-profit organization?

A non-profit organization is one of the forms of activity of a legal entity planning further work in the social sphere. At the present stage, NPOs are regulated at the legislative level, and various measures are envisaged to support such areas.

To successfully register a public non-profit organization, you should pay attention to a number of nuances:

Current legal requirements.
The goals and objectives of the organization. It is important that they comply with the laws.
Documents to be submitted for registration.

The legislation of the Russian Federation stipulates that an NPO is an organization whose main goal is not to generate income and its distribution among the founders. Such structures, as a rule, are formed to work in the social sphere, for the benefit of society. When creating an NCO, there are no restrictions on the period of validity, unless other requirements are established in the charter. A non-profit organization can work in various fields - charitable, cultural, educational, scientific, health care and many others.

Autonomous, public and religious organizations, social and charitable foundations, Cossack formations, communities of indigenous peoples of the Russian Federation and others should be referred to the main forms of NPOs.

Who has the right to create a non-profit public organization?

Ordinary individuals - foreigners or citizens of Russia, as well as companies - have the right to act as the founder of an NPO. The number of participants in such companies is not limited at the state level. Situations are possible when a public organization has only one participant. The latter option is excluded for the following forms of activity - unions, associations and partnerships.

NPO participants can be:

Individuals (must be capable) or legal entity.
Foreigners who are legally in the country.

The founders of an NPO cannot be:

Foreigners or persons without citizenship, in relation to whom there is a ban on staying in the territory of the state.
Subjects that are on the list taking into account the Federal Law on money laundering and terrorist financing.
Associations (public or religious) whose activities are prohibited on the territory of the Russian Federation according to the Federal Law on extremist activity (Article 10).
Subjects who, by a court decision, are involved in extremist activities.
Persons who do not meet the requirements of the legislation governing the procedure for the creation, registration and liquidation of a non-profit organization.

When creating a public organization, the constituent documents play a key role. They contain information about the goals of the company, the structure of the company, as well as the conditions for its work in the future. It is this documentation that the registration authorities study when considering an application for registration. According to federal laws of the Russian Federation, the main constituent paper is the charter, which is approved by the participant (owner) of the NCO.

The constituent documents must contain the following information:

The name of the NPO with a description of the directions and forms of activity.
The legal address at which the public structure is registered.
Objectives and subject, as well as principles of management of activities.
The rights and obligations of the founders.
Data on branches and representative offices of the organization.
The nuances of the founders' exit from the NPO and the subtleties of admission.
Features of making amendments to the constituent papers.
Sources of property creation, as well as the procedure for its use.

NGO registration - step by step

Today, the task of registering an NGO is undertaken by the RF Ministry of Justice. It is this body and its branches in various territories of the country that carry out the work of receiving applications and checking documents. In addition, they are the ones who make decisions on the reorganization or liquidation of such companies. Amendments to the constituent documents or inclusion of a newly created structure in the Unified State Register of Legal Entities is also the task of the Ministry of Justice. The registration process takes place in several stages.

Search for founders

The above considered who, according to the law, is entitled to become a member of an NPO - a company or an individual who has no prohibitions at the legislative level.

Determination of the direction of activity

When going through this stage, it is worth considering the following nuances:

It is important that the type of activity is consistent with the goals for which the non-profit organization is created.
It is important to prescribe in the charter of the structure all types of activities that the NPO plans to conduct.
The Unified State Register of Legal Entities provides complete information on the activities of such structures.

Name selection

Special attention is paid to the choice of the name of the NPO. A number of requirements are imposed on it:

Use only Russian.
Indication of the form and type of activity.
Registration of the name is mandatory, otherwise other persons will be able to use it.
It is important to be careful when used in the name "Russian Federation". There are a number of nuances that you should familiarize yourself with before registering.

Determination of the legal address

The next step is to choose a legal address for the organization. It is worth highlighting only two main rules here. First, it is required to indicate the real legal address. Secondly, if the object is issued for lease, the lease agreement must be transferred to the Ministry of Justice. If the founder himself owns the office, supporting papers will be required.

Collection and transfer of documentation

Now it's worth collecting documents for registering a public association. The package of papers includes:

Statement. The application form upon creation can be taken from the registration authority. The document is drawn up in two copies.
Constituent papers, or rather - the charter (in triplicate).
The decision to establish an NCO, as well as to approve the constituent papers. This requires an indication of the composition of the designated bodies. Quantity - 2 units.
State duty payment papers (receipt) - 2 units.
Information about NPO participants - 2 items.
Information about the legal address of the public organization, where you can contact it (if necessary). Alternatively, the transfer of a lease or certificate of ownership of the property.
Papers confirming the possibility of using the name of the founder, symbols prohibited by the laws of the Russian Federation in the name of the NPO, and so on.
Extract from the register of legal entities of the country where the founder is from, or another paper of equal validity, confirming the status of a foreign participant.
Application for inclusion of the NPO in the relevant register, which reflects public organizations playing the role of a foreign agent.

The Ministry of Justice of the Russian Federation does not have the right to demand other papers, except for those included in the list discussed above.

Payment of state duty

The next step is to pay a state duty, the amount of which in relation to NPOs is 4,000 rubles. But there are a number of nuances here:

The cost of state registration of a legal entity is 4,000 rubles.
Registration of a political party (branches by region) - 3,500 rubles.
Public organization of disabled people - 1,400 rubles.
Entering information into the state register of SRO - 6,500 rubles.

After payment, it is important to pay attention to the fact that the receipt indicated the name of the person submitting the papers for state registration.

Transfer of papers to the Ministry of Justice

As soon as all the documentation is prepared and the registration process is paid for, it is required to transfer a package of papers to the Ministry of Justice. No more than 3 months are allocated for this, starting from the day the decision is made to open an NPO.

The transfer can be carried out in person or through the portal of public services, where there are the required forms to fill out.

Obtaining a certificate

If the Ministry of Justice issued a positive decision, the applicant receives a Certificate confirming the successful registration of the NPO. A period of up to one month is given for this. The paper guarantees the success of the registration procedures. The certificate contains the following information - personal code (registration number), legal address, as well as the name of the NPO.

As noted, government agencies have no more than a month to complete registration procedures. In practice, registration is faster - up to two weeks from the date of transfer of papers. This is possible if the Ministry of Justice does not have any claims against the applicant in terms of the transferred documentation and other aspects of future activities.

Further, the information goes to the Federal Tax Service to include information about the established organization in the Unified State Register of Legal Entities. Based on the information received, within five days, data on the new public organization is included in the register, and the next day the tax service reports on the work done to the Ministry of Finance of the Russian Federation. Employees of the latter, within 3 days, prepare and submit a certificate of state registration. That is why the process is delayed for up to 30 days.

Subtleties of the application

One of the main documents in the process of creating an NGO is an application that is submitted to the Ministry of Justice. A member of the organization prepares a paper in two versions, after which he signs it. Filling out the application is carried out according to the generally accepted form P11001. The correct template can be found on the website of the Ministry of Justice. There are also other samples of papers that are required for the registration procedures.

The application for the creation of an NCO is required to indicate the following information - name, phone number, and the address of the participant. It is obligatory to have the applicant's signature, certified by a notary. A second statement is also written with a signature made in your own hand (a copy of the first paper is not allowed).

What to do if registration is refused?

The Ministry of Justice of the Russian Federation has the right to make a decision - to register an NPO or refuse to provide an applicant with such a service. In addition, such a decision in the regions is made by its territorial bodies. If all the papers are collected and filled out correctly, claims rarely arise. But situations are possible when the authorized body refuses to create a public organization of a non-profit type. There are a number of reasons for this:

Constituent or other papers that have been submitted to the Ministry of Justice of the Russian Federation for consideration and registration of NPOs are in conflict with the laws and the Constitution of the Russian Federation.
The name of the structure contains elements of an insult to morality, as well as to religious and national feelings.
The package of papers required to create an NCO is not fully formed and does not comply with the requirements of the legislation of the Russian Federation. The reason for the failure is often a transfer to the wrong structure.
The role of the founder of an NPO is a person who, taking into account the Federal Law, is not entitled to perform such a function.
The papers submitted for consideration contain information that is erroneous and does not correspond to the real state of affairs.

If the applicant has received a refusal to create an NGO, he has two options at his disposal - to accept the refusal and stop trying to create a public organization of this type or to achieve the goal. It is not prohibited by law to collect and transfer a package of papers for registration again, but on condition that the reasons for the refusal are eliminated. Secondary submission of securities is carried out taking into account the requirements of the Federal Law on NPOs.

As can be seen from the article, the process of creating an NPO is quite laborious and requires a certain amount of time to collect papers, transfer them and wait for the decision of the Ministry of Justice or its representatives in the regions. But with the right approach, the entire process, from making a decision to obtaining a certificate, can take no more than two months.

Transcript

1 Perm Regional Public Organization "Perm Civil Chamber" S.V. Maksimov How to create a non-profit organization "from scratch" Perm, 2012

2 Maksimov, S.V. How to create a non-profit organization from scratch. Perm Civil Chamber, Perm, bldg. Proofreading L.V. Teplykh. The preparation and publication of the brochure was carried out within the framework of the project of the Perm regional public organization "Perm Civil Chamber" "Support to NGOs Kudymkar to create a system of counterbalances to the manifestation of interethnic conflicts", supported by the Administration of the Governor of the Perm Territory Perm Civil Chamber, Perm, st. Ekaterininskaya (Bolshevik), 120а-102 tel./fax: (342) Website: Perm regional public organization "Perm Civil Chamber", 2012 For free distribution

3 Table of Contents 1. Choosing the organizational and legal form of the NPO We make a decision on the establishment of the NPO We select the address of the location of the management body of the NPO We pay the state fee Prepare the application for the creation of the NPO and certify the applicant's signature by a notary We submit the documents for state registration of the NPO to the authorized body Appendices: of the constituent assembly of a public organization Sample charter of a public organization

4 This brochure describes the procedure for establishing a non-profit organization (hereinafter NPO) at its foundation. The creation of an NPO as a result of its establishment includes the following stages: 4 1. Choosing an organizational and legal form of an NPO Russian legislation provides for a wide range of organizational and legal forms of non-profit organizations: consumer cooperatives; public associations in the following forms: public organization, public movement, public fund, public institution, body of public initiative, political party; non-profit partnerships; private institutions; autonomous non-profit organizations; social, charitable and other funds; associations and unions; as well as other forms provided for by federal laws. The most common forms of NPO are: public organization; fund; non-commercial partnership; private institution; autonomous non-profit organization. Features of the most common forms of NPO A public organization is a membership-based voluntary association, created on the basis of joint activities to protect the common interests and achieve the statutory goals of the united citizens. Public organizations are created on the initiative of their founders of at least three individuals. From the moment the organization is created, the founders become its members. Individuals and legal entities of public associations can be members of a public organization. The founding document of a public organization is the Charter.

5 The Foundation is recognized as a non-profit organization that does not have membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful purposes. The founders of the fund can be individuals and legal entities. The constituent document is the Charter. The foundation is obliged to annually publish reports on the use of its property and conduct an audit of its activities. A non-profit partnership is a membership-based non-profit organization established by citizens and (or) legal entities to assist its members in carrying out activities aimed at achieving social, charitable, cultural, educational, scientific and managerial goals, the goals of protecting the health of citizens, the development of physical culture and sports, meeting the spiritual and other intangible needs of citizens, protecting the rights and legitimate interests of citizens and organizations, resolving disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public goods. Individuals and legal entities can be founders of a non-profit partnership. Members of a non-profit partnership can receive, when leaving a non-profit partnership, a part of its property or the value of this property within the value of the property transferred by them into ownership, with the exception of membership fees. The constituent documents are the Articles of Association and the Memorandum of Association (the conclusion of the latter between the members of the non-profit partnership is optional). A private institution is a non-profit organization created by an owner (citizen or legal entity) to carry out managerial, socio-cultural or other functions of a non-profit nature. five

6 The property of a private institution is with him on the basis of operational management. A private institution is fully or partially financed by the owner of its property. An autonomous non-profit organization is a non-profit organization that has no membership, created to provide services in the field of education, health care, culture, science, law, physical culture and sports and other areas. An autonomous non-profit organization is created by citizens and (or) legal entities on the basis of voluntary property contributions. The founders of an autonomous non-profit organization can use its services only on equal terms with other persons. For an autonomous non-profit organization, persons who are employees of this non-profit organization cannot constitute more than one third of the total number of members of the collegial supreme governing body of an autonomous non-profit organization. 6

7 2. We make a decision on the creation of an NCO. The decision on the establishment is made by the founders of the NCO and is drawn up in writing in the form of a protocol. The composition of the founders depends on the organizational and legal form. As a rule, these are fully capable citizens (who have reached the age of 18 and are not deprived of their legal capacity by a court decision) and (or) legal entities. Foreign citizens and stateless persons legally staying in the Russian Federation can be founders (participants, members) of an NPO, except for cases established by international treaties of the Russian Federation or federal laws. Cannot be a founder (participant, member) of a non-profit organization: 1) a foreign citizen or stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision has been made that their stay (residence) in the Russian Federation is undesirable; 2) a person included in the list in accordance with Federal Law No. 115-FZ of August 7, 2001 “On Counteracting the Legalization (Laundering) of Criminally Obtained Funds and the Financing of Terrorism”; 3) a public association or religious organization whose activities have been suspended in accordance with Federal Law No. 114-FZ of July 25, 2002 "On Countering Extremist Activity"; 4) a person in respect of whom it has been established by a court decision that has entered into legal force that his actions contain signs of extremist activity. 5) a person who does not meet the requirements of federal laws for the founders (participants, members) of a non-profit organization, which determine the legal status, the procedure for the creation, operation, reorganization and liquidation of certain types of non-profit organizations. There is one more restriction for persons held in places of deprivation of liberty by a court verdict. They cannot act as founders (members, participants) of public associations. State authorities and local self-government bodies cannot be founders, members and participants of public associations and a number of other NPOs, in particular those listed among the most common forms of NPOs. 7

8 A non-profit organization can be established by one person, except for the cases of the establishment of non-profit partnerships, associations (unions) and other cases provided for by federal law. The number of founders of the majority of NPOs is not limited. Federal laws provide for the following exceptions to this rule: non-commercial partnerships, associations (unions), housing savings cooperatives, bar associations, legal bureaus, and employers' associations cannot be established by one person. With regard to the creation of certain types of NPOs and their organizational and legal forms, the following are specific requirements. Attention! In practice, to create an NPO at the stage of state registration, more persons will be required than is required by law. This mainly applies to public organizations (associations). The law requires the formation of governing bodies of a public organization at the time of state registration, that is, submission of documents for registration to the authorized body. This means that when submitting documents for registration, at least 4 people are required. At least one additional person is required to form the control body of the NPO (Auditor). This person can be included in the membership of a public organization after a decision has been made to establish it. That is, the founders of a public organization, three individuals, decide to include one more person (natural or legal) in the membership. 8

9 3. Selecting the address of the location of the management body of the non-profit organization Among the documents that the legislation requires for the implementation of the procedure for state registration of the NPO as a legal entity, a document is indicated containing information about the address (location) of the permanent body of the non-profit organization, which is used to communicate with non-profit organization. In practice, the authorized body requires the provision of this information in the form of a letter of guarantee from the owner of the premises indicating the address of the residential or non-residential premises through which interested persons and authorities can contact representatives of the NPO. At the same time, it is not necessary that any formal documents (lease agreement, free use agreement, etc.) will be drawn up between the NCO and the owner of the premises, in addition to the letter of guarantee proper. The letter of guarantee must be supported by a copy of the title deed for the premises. nine

10 4. We pay the state fee The state registration of an NPO upon creation is subject to payment of a state fee. The procedure and amount of its payment is established by the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation). In accordance with Article of the Tax Code of the Russian Federation, the amount of the state duty for state registration of a legal entity, with the exception of state registration of political parties and regional branches of political parties, state registration of all-Russian public organizations of disabled people and departments that are their structural divisions, is rubles. Payment of the state duty, as a rule, is made in one of the branches of Sberbank of Russia. ten

11 5. We draw up an application for the creation of an NCO and certify the signature of the applicant by a notary The application is a formal document accompanying the application for state registration of an NCO as a legal entity. The application is drawn up in the form RN0001, approved by the Decree of the Government of the Russian Federation of the year 212. The signature of the person signing the application must be certified by a notary. The applicant can be one of the founders of the NPO. Attention! Certification of the applicant's signature by a notary is a paid procedure. In accordance with the article of the Tax Code of the Russian Federation, the amount of the state duty for certifying the authenticity of the signature on applications for registration of legal entities is 200 rubles. However, in practice, the cost of these services increases by one and a half times due to the fact that notaries take payment for the so-called technical work accompanying signature certification. eleven

12 6. We transfer documents for state registration of NPOs to the authorized body An NPO, like any legal entity, is considered to be created from the date of making an appropriate entry in the Unified State Register of Legal Entities (Clause 2, Article 51 of the Civil Code of the Russian Federation). For the state registration of an NPO, it is necessary to submit properly executed documents to the authorized body or its territorial branch within 3 months from the date of the decision to create an NPO. The following documents must be submitted: 1) a statement signed by an authorized person (applicant), form RN0001 or form RN0002. The application contains the last name, first name, patronymic, place of residence and contact phone numbers of the applicant; 2) constituent documents (Charter, Memorandum of Association) of the NCO in triplicate; The constituent documents are the charter for all NPOs, and for such NPOs as non-profit partnerships, autonomous non-profit organizations, associations and unions, there is also a founding agreement (for associations and unions, its presence is required). 3) the decision on the establishment of the NCO and on the approval of its constituent documents in duplicate. As a rule, this is the minutes of the constituent assembly or the decision of the sole founder (for those NPOs where one individual or legal entity is enough to create). The decision must contain the composition of the elected (appointed) bodies. 4) information about the founders in duplicate. 5) a document confirming the payment of the state fee. 6) information about the address (location) of the permanent body of the NCO in the form of a letter of guarantee. Other documents are submitted taking into account the specifics of the NCO and are submitted to the NCO to which certain circumstances relate: 7) when using the personal name of the citizen in the name of the NCO, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyrights, as well as the full name of another a legal entity as part of its own name, documents confirming the authority to use them. 12

13 All documents that are more than one sheet must be bound, numbered and certified by the signature of the person submitting documents for state registration. Attention! After receiving the documents on the state registration of an NPO as a legal entity, it is advisable to make a decision on the choice of the form of taxation directly upon receipt of the documents. The issuance of documents for registration as a taxpayer takes place in the tax authorities. Therefore, if a decision is made to use a simplified taxation system, it is necessary to submit an application to the tax service for the transition to a simplified taxation system. The newly created NPO submits an application for the transition to the simplified taxation system (hereinafter STS) within five days from the date of registration with the tax authority, specified in the certificate of registration with the tax authority. The procedure for state registration of an NPO as a legal entity takes 23 working days. A decision on state registration of a public organization (association) is made within thirty days from the date of filing an application for state registration of a public association. 13

14 Appendix 1 A letter of guarantee guarantees the provision of premises name of the leaseholder of the Perm regional public organization name of the organization for carrying out its activities (location of the Management Board) at:, address of the location of the organization after its state registration as a legal entity. The premises will be used only for holding meetings of the Board of the specified organization and storage of documents of the organization. The specified premises belong to the right of ownership. Signature Date 14

15 Appendix 2 Minutes 1 of the Constituent Assembly of the Perm Regional Public Organization, Perm 201. Attended as founders: Agenda of issues to be discussed: 1. Election of the chairman of the meeting 2. Election of the secretary of the meeting 3. On the creation of the Perm regional public organization 4. On the approval of the Charter of the Perm regional public organization 5. On the election of the Board of the Perm regional public organization 6. On the election of the Director of the Perm regional public organization 7. On the election of the Inspector of the Perm regional public organization 8. On the state registration of the Perm regional public organization 1. We heard: about the election of the chairman of the meeting. Resolved: to elect the chairman of the meeting. Founders' voting results: adopted unanimously: 4 for 0 abstentions 0 against. 2. Heard: about the choice of the secretary of the meeting. Resolved: to elect the secretary of the meeting. Founders vote result: adopted unanimously: 4 for 0 abstentions 15

16 0 against. 3. Heard: about the mission of the Perm regional public organization and the need for its creation: proposed to create the Perm regional public organization. Resolved: to create the Perm regional public organization. Result of the founders' vote: adopted unanimously: 4 for 0 abstentions 0 against. 4. They listened: I acquainted those present with the draft Charter of the Perm regional public organization and proposed to approve it in the current edition. Resolved: to approve the Charter of the Perm regional public organization. Voting results of the founding members: Adopted unanimously: 4 in favor 0 abstentions 0 against. 5. Heard: about the election of the Board of the Perm regional public organization. Resolved: to elect the Board of the Perm regional public organization in the following composition: Voting results of members: adopted unanimously: 4 in favor 0 abstentions 0 against. 6. Heard: about the election of the Director of the Perm regional public organization. Resolved: to elect the Director of the Perm regional public organization. Voting results of members: adopted unanimously: 4 in favor 0 abstentions 0 against. sixteen

17 7. Heard: about the election of the Inspector of the Perm regional public organization. Resolved: to elect the Inspector of the Perm regional public organization. Voting results of members: adopted unanimously: 4 in favor 0 abstentions 0 against. 8. They heard: about the need to take organizational actions for the state registration of the Perm regional public organization. Resolved: To instruct to carry out the necessary actions for the state registration of the Perm regional public organization as a legal entity. Voting results of members: adopted unanimously: 4 in favor 0 abstentions 0 against. Chairman of the meeting: / / Secretary of the meeting: / / 17

18 Appendix 3 The Charter was approved at the constituent assembly of the Perm regional public organization 201 CHARTER of the Perm regional public organization 18

19 Perm, 201 Article 1. GENERAL PROVISIONS 1.1. The Perm regional public organization, hereinafter referred to as the "Organization", is a membership-based public association created on the initiative of citizens united on the basis of a community of interests for the implementation of common goals stipulated by this Charter. Full name of the Organization Perm Regional Public Organization. Abbreviated name of the Organization The organization operates on the territory of the Perm Territory Location of the Board of the Organization: The organization is a legal entity, owns separate property, an independent balance sheet, bank accounts in both rubles and foreign currency, a seal and other necessary requisites. The Organization acquires the rights of a legal entity from the moment of its state registration in the manner prescribed by law. The Organization's activities are governed by the legislation in force in the Russian Federation, this Charter, as well as program documents and other internal documents of the Organization. Article 2. OBJECTIVES AND TYPES OF ACTIVITIES OF THE ORGANIZATION 2.1. The purpose of the Organization's activities is To achieve the goals set, the Organization solves the following tasks: To implement the goals and solve the tasks defined in this article, the Organization has the right to carry out the following activities (indicate the planned activities):; nineteen

20 ; charity; publishing activity; conducting lectures, exhibitions, lotteries, cultural, entertainment and sports events in the manner prescribed by law; holding scientific and technical conferences and seminars on the problems of social protection, cultural education and health improvement of the population; representing the interests of its members in courts of different levels, including arbitration courts, as well as other persons in cases established by law; purchase and sale of securities and participation interests in business entities The Organization has the right to carry out entrepreneurial activities consistent with the goals of the Organization and necessary to achieve the socially useful goals for which the Organization was created. If for the implementation of any type of entrepreneurial activity it is necessary to obtain an appropriate license (permit), then such activity can be carried out only after obtaining the necessary license (permit). To carry out entrepreneurial activities, the Organization has the right to create business companies or participate in them. Article 3. RIGHTS AND OBLIGATIONS OF THE ORGANIZATION 3.1. The organization has the right to: Freely disseminate information about its goals and activities; Join unions, associations; Create structural subdivisions, branches and representative offices in accordance with the procedure established by law; Conduct meetings, rallies, demonstrations, processions and pickets. 20

21 Establish mass media and carry out publishing activities Represent and defend their rights, the legitimate interests of their members and participants, as well as other citizens in government bodies, local governments and public associations Exercise other powers granted to public organizations by the current legislation and this Charter Organization is obliged to: Comply with the legislation of the Russian Federation, the generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by its Charter and other constituent documents Annually publish a report on the use of its property or ensure the availability of familiarization with this report Annually inform the body that made the decision on state registration of a public association, on the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the heads of the Organization in the amount of information included in the unified state register of legal entities Submit, at the request of the body that makes decisions on state registration of public associations, decisions of the governing bodies and officials of the Organization, as well as annual and quarterly reports on their activities in the amount of information submitted to the tax authorities Allow representatives of the body that makes decisions on state registration of public associations to events held by the Organization Provide assistance to representatives of the body that makes decisions on state registration of public associations in getting acquainted with the activities of the Organization in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation Inform the federal state registration authority about the amount received by the Organization from international and foreign organizations, foreign citizens and stateless persons - 21

22 monetary funds and other property, on the purposes of their spending or use and on their actual spending or use in the form and within the time frame established by the authorized federal executive body. The organization is also obliged to inform the body that made the decision on the state registration of this association about changes in the information specified in paragraph 1 of Article 5 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", with the exception of information about the licenses received, within three days from the date such changes. Article 4. MEMBERSHIP IN THE ORGANIZATION 4.1. Members of the Organization are its founders, as well as other persons who have received the status of a member of the Organization in accordance with this Charter. RF, foreign citizens, stateless persons, as well as legal entities, public associations that recognize and comply with this Charter, the internal documents of the Organization, unless otherwise provided by laws on public associations and international treaties From the moment the Organization is created, the founders automatically become its members, acquiring equal rights and obligations with them, stipulated by the legislation on public organizations and this Charter. Admission to membership in the Organization is carried out at the request of the entrant, expressed in any form. An application for admission to the Organization of a legal entity of a public association is signed by an authorized representative of the public association. An extract from the minutes of the relevant governing body of the public association, to which such a right has been granted by its Charter, containing a decision on joining the Organization, is attached to that application. The decision on admission to membership in the Organization is made by the Board of the Organization. Refusal of admission may be appealed by the applicant to the Meeting of Members of the Organization. 22

23 The applicant acquires the status of a member from the moment of such a decision. A member of the Organization: has the right to elect and be elected to the governing and control and audit bodies of the Organization; freely discuss all issues of the organization and activities of the Organization at meetings, as well as in the media, openly express and defend their opinion; receive any information about the activities of the Organization and its governing bodies; to make proposals to all governing bodies of the Organization on the issues of improving its activities; receive the necessary advice on the protection of his rights and legal interests; enjoy other benefits and advantages established for the members of the Organization. A member of the Organization is obliged to fulfill the requirements of this Charter, the provisions of the internal documents of the Organization. The Organization is not responsible for the obligations of its members, and the members of the Organization are not responsible for its obligations. Membership in the Organization is terminated in the following cases: voluntary withdrawal; exclusion from members of the Organization; death of an individual; termination of the activity of a legal entity of a public association. A member of the Organization has the right to withdraw from the membership of the Organization at any time. Withdrawal from the members of the Organization is formalized by a decision of the Board of the Organization on the basis of a written application of the retiring member, submitted in the manner prescribed by clause 4.5. of this Charter Exceptions from members of the Organization are made by decision of the Board of the Organization in the following cases: a single gross or repeated violation of the duties provided for by this Charter; non-participation in the current activities of the Organization during one calendar year; non-participation in more than two annual Meetings of the members of the Organization in a row; 23

24 taking actions that hinder or hinder the solution of the statutory tasks of the Organization. Any member of the Organization, as well as any elected body of the Organization, can initiate exclusion. The decision on exclusion can be appealed to the Meeting of the Members of the Organization. Article 5. GOVERNING AND CONTROL BODIES OF THE ORGANIZATION 5.1. The supreme body of the Organization, exercising general management and supervision over its activities, is the Meeting of the members of the Organization, which consists of all members of the Organization. The meeting of the members of the Organization is convened by the Board of the Organization at least once a year. An extraordinary (extraordinary) Meeting of the members of the Organization is convened by the Board of the Organization, the Auditor of the Organization, either on the initiative of the Director or at least one third of the total number of members of the Organization. A meeting of the members of the Organization is considered competent if more than half of the total number of members of the Organization take part in its work. In the event that the number of members of the Organization exceeds 30 people, the Board of the Organization has the right to hold a meeting in the form of a conference, the rate of representation in this case is determined by the Board of the Organization. The exclusive competence of the Meeting of the members of the Organization includes the following issues: a) making changes and additions to the Charter; b) election of the Board of the Organization, Director, as well as the Auditor of the Organization and early termination of their powers; c) determination of the main directions of the Organization's activities, the principles of the formation and use of its property; d) hearing reports of the Board of the Organization, Director, Auditor of the Organization and making decisions on them; e) approval of the budget of the Organization; f) consideration of complaints against the actions of the Board of the Organization and the Director; 24

G) deciding on the procedure and amount of membership fees; h) reorganization and liquidation of the Organization. The decision on the issues specified in subparagraphs "a", "b", "c" and "h" of this paragraph shall be taken by at least two-thirds of votes of the number of members of the Organization present at the Meeting. Decisions on other issues are made by a simple majority of votes of the members of the Organization present at the Meeting. The voting procedure on each issue is determined by the Meeting of Members of the Organization. General management of the Organization's activities is carried out by the Board of the Organization. The Board of the Organization is elected by the Meeting of Members of the Organization, consisting of three persons for a period of five years. b) approve the internal documents of the Organization, make changes and additions to them; c) draw up and approve the draft budget of the Organization; d) make decisions on other issues referred to its competence by the current legislation and internal documents of the Organization. Meetings of the Board of the Organization are held as necessary, but at least once a year. Meetings of the Board of the Organization are convened on the initiative of the Director, Revizor, any member of the Board of the Organization. The Board of the Organization is competent if at least half of the members of the Board of the Organization are present at its meeting. In case of equality of votes, the vote of the Director is recognized as decisive. On behalf of the Board of the Organization, the current management of the activities of the Organization is carried out by the Director. The Director: a) represents, without a power of attorney, the interests of the Organization in relations with state, municipal and judicial authorities, organizations and individuals; b) organizes and holds meetings of the Management Board of the Organization, signs its decisions and minutes; c) determines the structure and staffing of the executive body, recruits and discharges employees and manages their activities; 25

Approved by the Constituent Congress on September 18, 2002. (with amendments and additions approved by the extraordinary congress on February 28, 2005, by the regular congress on September 21, 2006, by the extraordinary congress on November 15

Adopted at the Constituent Assembly of the All-Russian Public Organization "Russian Association of Judges" on April 17, 2012. CHARTERS of the All-Russian Public Organization "Russian Association of Judges" Moscow

The original version of the Charter Approved by the General Meeting of Founders (Minutes of the General Meeting of Founders 1 dated February 07, 2012) Changes have been made in the form of a new version of the Charter approved by the Decision

Trade union of workers of public education and science of the Russian Federation "Approved" Chairman of the territorial organization of St. Petersburg and Leningrad Oblast Kuznetsov V.N. "Approved" at the Conference of the Primary Trade Union Organization

1. GENERAL PROVISIONS 1.1. The autonomous non-profit organization for the development of sports "Tverskaya Hockey League", hereinafter referred to as the Organization, is a non-profit organization established on the basis of

CENTRAL COMMITTEE OF THE PROFESSIONAL UNION OF HEALTH CARE WORKERS OF THE RUSSIAN FEDERATION

On business entities LAW OF THE REPUBLIC OF BELARUS December 9, 1992 2020-XII Amendments and additions: Law of the Republic of Belarus dated January 18, 1994 No. 2711-XII (Vedamastsi Vyarkhounaga Saveta Respublikі Belarus,

ACADEMY OF LABOR AND SOCIAL RELATIONS INSTITUTE OF THE TRADE UNION MOVEMENT The primary organization of the trade union as a legal entity. Necessity and feasibility. Information - analytical and reference materials.

General provisions 1.1. Municipal budgetary educational institution “Secondary school 10 named after pilot-cosmonaut A.G. Nikolaev "of the city of Cheboksary, Chuvash Republic (hereinafter

Approved by the report and re-election conference of the Youth Organization of FSUE "MCC" Protocol 1 dated March 29, 2007. CHARTER of the public organization "Youth Organization of the Federal State Unitary

SELF-REGULATORY ORGANIZATION Non-profit partnership "ASSOCIATION OF GENERAL CONTRACTORS IN CONSTRUCTION" APPROVED: By the decision of the President of the Self-regulatory organization of the Non-profit partnership "Association

For many citizens, it is becoming more and more relevant to know how registration of a non-profit organization looks like. The instruction with which you can open any non-profit organization is quite simple, but at the same time it is associated with some important nuances worthy of attention. Such information is important for the reason that many social tasks and other projects can be implemented using just this form of non-profit structure.

Nonprofit Organization: Registration

A structure of this type should be understood as an organization whose activities are not focused on making a profit and does not imply the distribution of funds between its participants.

What can be considered as the main purpose of creation? The answer to this question has several facets:

Achievement of educational, cultural, managerial, charitable and scientific goals;

Development of sports and physical culture;

Health protection of citizens;

Protection of the legitimate interests and rights of both organizations and individuals;

Providing legal assistance;

Resolution of disputes and conflicts;

Any other public goods-oriented goals.

Types of non-profit organizations

Before you open any organization that is not focused on making a profit, you need to determine the fact what exactly its further activities will be devoted to.

A list of organizational and legal forms that are allowed by Russian law will help you make the right decision. It:

Consumer cooperatives;

Institutions;

Associations of legal entities (unions and associations);

Religious and public associations.

It is important to study all the above types of structures and make the right choice, since the procedure for registering non-profit organizations implies that all types of activities that will be carried out in the future are reflected in the charter.

General scheme of actions

Initially, it should be noted that all actions aimed at creating a non-profit structure must comply with the requirements described in the administrative regulations of the Russian Federation.

The very same step-by-step registration of a non-profit organization is as follows:

Preparation of the necessary documents, their subsequent signing and;

Certification of an application for registration of a legal entity with a notary;

Submission of the collected and certified documentation to the local authority of the Ministry of Justice of the Russian Federation;

After consideration, the registration authority makes a decision;

Registration with the tax office of the organization that was registered;

Obtaining documents that will be the official confirmation of the state registration of the NPO.

The algorithm, according to which the state registration of non-profit organizations takes place, makes it possible to act as an applicant for both the head of a legal entity and the founder of the organization itself.

Learn more about timing

If you try to figure out how long you will have to wait for a decision from the registering authority, then initially it is worth noting that the number of days in this case directly depends on the type of organization.

If we are talking about a structure with a religious context, then the actual period will be determined only after the relevant state expertise. As a result, you will have to wait either a month and 3 days, or twice as long. When it is necessary to register public associations, the Ministry of Justice will think for 33 days, but for the establishment of political organizations it is necessary to wait three days less - 30.

If any other non-profit organization is created, registration will last 17 days.

It will also take time to register the new structure with the tax office. More specifically, from 2 to 4 weeks.

As for the total subsequent registration, it will be equal to approximately 2 months. Moreover, this waiting period does not include the time that must be spent on preparing the documentation.

Those who intend to register gardening, dacha, horticultural non-profit associations and consumer cooperatives can breathe a sigh of relief, since they will have to wait for the decision of the registering authority much less.

What documents need to be collected

This stage is one of the most important in the registration process. After all, if not all the papers required by the Ministry of Justice are submitted along with the application, then you will have to start all over again.

First of all, you need to complete an application for registration of a non-profit organization. Moreover, it should contain information about the persons who are the founders of the NPO. It must be drawn up carefully, taking into account the future structure of the association.

A well-formed charter is the following, without which registration of non-profit organizations will not be carried out. The documents must also include a receipt confirming the payment of the state fee.

It is worth remembering the need to provide a protocol for establishing an NPO An alternative would be a decision on the approval of the organization, in which it is necessary to indicate which bodies have been elected.

The last document that you cannot do without is confirmation of the place where the organization will be located. It can be drawn up in writing and provided by both the tenant and the owner with confirmation of the fact that both parties are ready to enter into a lease agreement.

It is also worth paying attention to the fact that the set of papers described above is common. This means that, depending on the territorial scope of activity and organizational and legal form, the set of documents may change.

What documents confirm state registration

Anyone who plans to create an NGO should understand how exactly the fact that their organization is operating legally can be confirmed.

So, in order to feel confident before any checks, you need to have the following documents:

Certificate that confirms registration with the Federal Tax Service;

Correctly drafted charter;

Notification that the organization is registered with extra-budgetary funds;

The registration certificate itself.

Those who are worried about starting activities should be aware that as soon as a positive decision has been made by the registering authority and all the necessary documents have been issued, you can safely be active within the chosen profile.

Working with finance

In addition to all the above steps, without which any non-profit organization cannot start its existence, registration also indirectly implies opening a bank account. This must be done in order to easily make all the necessary calculations. At the same time, it is important to convey information about the account to representatives of the tax service and funds.

If you delay this step and do not provide such information in a timely manner, you may be faced with the need to pay a fine.

You shouldn't forget about accounting reports either. After registration, each non-commercial type organization is obliged to submit it to the tax authorities no later than the established deadlines. Everything is as strict here as in the case of entrepreneurs. Submission of special reports is no less important than accounting.

How changes are made to the incorporation documentation

It may happen that in the course of activity it sometimes becomes necessary to make certain adjustments. Registration of changes for a non-profit organization has a certain algorithm that allows you to easily perform a similar task:

Statement;

The new version of the charter and the old version;

A document confirming the payment of the state fee;

Decision that specific changes will be made.

All of the above papers must be provided in duplicate. In the case of the charter, 3 copies are required. The payment order or receipt of payment must be provided in the original. As for the application, it must be certified by a notary. But the decision on changes must be formalized in the form of a protocol.

Within the framework of the topic: "Registration of non-profit organizations: step-by-step instructions" it is necessary to touch upon such an issue as the reasons for the changes in the charter. Corrections become relevant due to the influence of various factors. Examples include changing an address or adding a new activity.

What you need to know about the state duty

Whatever non-profit organization is created, registration of such a structure will always include the payment of a state fee, the amount of which may differ depending on the profile of the activity.

When creating an NGO, 4000 rubles will be required, in the case of the formation of a political party, 2000 rubles must be prepared, and one thousand must be paid by those who intend to register a public all-Russian organization of disabled people.

If we are talking about changing the charter, then the payment will be 20% of the standard state duty, which is charged upon registration.

How to liquidate

One should not exclude such circumstances in which the activity of a particular organization becomes irrelevant and there is a need to neutralize it. In order for this procedure to be carried out correctly, accurate information is also needed.

First of all, it is necessary to inform the department of the Ministry of Justice, local branches of funds (social, pension) and, of course, the tax service about such a decision.

The next step will be to publish information about the closure of the organization in the media. Then the accountant compiles an interim balance sheet, reflects the presence of debtors, as well as debts, after which all current taxes are paid.

As the final stage, you can define debt repayment and work with creditors.

When all of the above steps are completed, the founders get 2 months to prepare all the necessary documentation for liquidation.

Conclusion

If you carefully study all existing requirements and thoroughly treat the collection of a package of documents, then you can easily register a non-profit organization or liquidate it.

In other words, the legislation in force at the moment creates favorable conditions for such activities. And this is a very important moment in the development of the social position of certain civil groups.

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens.

A public organization is free to choose goals - it can be the achievement of social, charitable, cultural, scientific, in order to protect health, develop physical culture and sports, satisfy the spiritual and other non-material needs of citizens.

Such a large selection of organizational and legal forms is determined by its purpose, because when forming an organization it is necessary to choose the form that will correspond to the chosen goals and the nature of the activity.

Also, the name of the organization must contain the territorial scope of activity.

How to open a public organization - where to start?

If you decide to start creating a public organization, this article will definitely be useful for you. Stay with us to find out the most relevant and reliable information on this issue.

for a reason, activity is considered a serious step in professional, personal, career growth and development. Each person makes his own choice, but, you see, it is good when someone is engaged in matters that are important for society.

How is the creation of a public organization carried out.

Important. Enter your real data (e-mail, name, phone number, region) and our lawyer will call you back. Otherwise, you will not receive advice.

It is difficult for not indifferent people to passively look at some difficult and maybe even unfair moments in life that affect not only their personal interests, but also the interests of others, sometimes completely strangers.

How to create a non-profit public organization

The brochure was published within the framework of the project "Center for Development and Support of NGOs", supported by the President of the Russian Federation in accordance with the recommendations of the Public Chamber of the Russian Federation, the Council under the President of the Russian Federation for promoting the development of civil society institutions and human rights, councils under the plenipotentiary representatives of the President of the Russian Federation in federal districts.

This brochure is based on the material by Viktor Mirny (public organization "Union of Lawyers" of Novgorod Region) "TYPES OF NON-PROFIT ORGANIZATIONS, CHOICE OF ORGANIZATIONAL AND LEGAL FORM, REGISTRATION" (School of NGO Management, NGO Support Center, Moscow, 2002).

Whether you are planning to create a non-profit organization or are already working in it - as a leader and as a manager, you need to know the legal field in which you and your organization operate, since “ignorance of the laws does not absolve from responsibility” for their violation or non-compliance.

You need to start with the fact that all your work in the non-profit sector is related to law. There is no need to study all the legislation for this (although a good lawyer will never be superfluous in an organization), but it is enough to navigate it well and know where to look to solve a particular problem so that it does not turn into a problem.

The main law of the Russian Federation is the Constitution of the Russian Federation. And it is directly related to the activities of non-profit organizations, as well as to the activities of the state and commercial sectors.

How to start a nonprofit organization: step by step instructions (1 of 2)

A non-profit organization does not have a goal of making a profit. It can include different people, its main activity can be the organization of charitable, creative, cultural, political and other social activities. We can say that it unites people in order to create good. It can be called the right of people to have an opinion and help people in need. Before you can create a non-profit organization, you must register it.

To do this, you need to submit documents to the Ministry of Justice.

How to create a public organization?

The public organization itself is a non-governmental (non-governmental) voluntary association of citizens who have common goals and interests. It is this type of activity that contributes to career, professional and personal growth. Of course, each of us strives to choose something for ourselves, doing things of public importance, brings no less benefit and pleasure than other areas of activity.

Before discussing how to create a community organization, let's look at its possible profiles.

1. It is very difficult to register a public organization under the current legislation. It is much easier to register it as an Autonomous Nonprofit (ANO). Registration will take no more than seven days and is carried out in accordance with the rules for registering an LLC or individual entrepreneur.

2. Now you need to find a clear future. It should be associated with a city or society. It is not worth starting from activity.

3. Determine what the public organization will do. Follow from a long list of social problems to do what you know most about. The most important for society are the problems of protecting the rights of individual entrepreneurs, consulting on business management, etc.

4. Having defined what the new organization will work on, it is time to spell out its goals. It is necessary to indicate the tasks and from what it will be performed, and what goals will be achieved.

5. Cooperation with the media is the most important step c. It is advisable to compile a database on the media and information about each event, even if it is not significant, should be immediately transmitted to them in the form of a press release.

6. A public organization from the first day of work should develop its own website. Each section of the resource is an ongoing activity within that section. “Events” / “News” and “Materials for Mass Media” section will become mandatory.

7. As practice shows, your like-minded people who understand and adhere to the developed projects and programs will work with the project. However, you will have to recruit staff - editors for the website and lawyers. It will not be difficult to find a lawyer for a free consultation on or in real time. For most, this is an excellent opportunity to practice and get a good recommendation from your organization.

8. Now you need to think about how your activity will be financed. Financing can be from own funds or with the involvement of sponsor investments. The most important thing in this business is the approach. With the right approach in the organizations that finance your work, it will be very beneficial for them to participate in the projects you implement.