The decision on state registration of a public association is made. Public associations and the need for their state registration

Registration of a public organization in Russia— a set of measures aimed at opening an NPO and the subsequent conduct of legal activities. To avoid difficulties in the registration process, it is important to follow the above algorithm or involve specialists in the field of registration. In the second case, the registration costs will be higher. Consider step by step instructions how to register an NGO 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 social sphere. On the present stage NPOs are regulated at the legislative level, and various measures are provided to support such areas.

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

1. Current legal requirements.
2. Goals and objectives that are set for the organization. It is important that they comply with the law.
3. Documents to be submitted for registration.

The legislation of the Russian Federation stipulates that an NPO is an organization that main goal which is not the receipt of 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 NPO, there are no restrictions on the period of validity, unless other requirements are established in the charter. A non-profit organization can operate in various fields- charitable, cultural, educational, scientific, health care and many others.

The main forms of NPOs include autonomous, public and religious organizations, social and charitable foundations, Cossack formations, communities of indigenous peoples of the Russian Federation and others.

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

Ordinary individuals - foreigners or Russian citizens, as well as companies can act as the founder of an NPO. The number of participants in such societies at the state level is not limited. There may be situations when a public organization has only one member. The latter option is excluded for the following forms of activity - unions, associations and partnerships.

Members of an NPO can be:

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

NPO founders cannot be:

1. Foreigners or stateless persons for whom there is a ban on being in the territory of the state.
2. Entities that are on the list subject to the Federal Law on money laundering and terrorist financing.
3. Associations (public or religious), whose activities are prohibited on the territory of the Russian Federation under the Federal Law on extremist activity (Article No. 10).
4. Subjects who, by a court decision, are involved in extremist activities.
5. Persons who do not meet the requirements of the legislation that determine the procedure for the creation, registration and liquidation of a non-profit organization.

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

The founding 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.
• Goals and subject, as well as the principles of activity management.
• Rights and obligations of founders.
• Data about departments and representations of the organization.
• The nuances of the exit of the founders from the NPO and the subtleties of admission.
• Features of making amendments to constituent papers.
• Sources of creation of property, as well as the procedure for its application.

Registration of an NGO - step by step

Today, the Ministry of Justice of the Russian Federation takes over the task of registering NGOs. It is this body and its branches in various parts of the country that perform the work of receiving applications and checking documents. In addition, it is they who make decisions on the reorganization or liquidation of such companies. Making amendments to the constituent documentation or including 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

It has been discussed above who, under the law, has the right to become a member of an NPO - a company or an individual that does not have prohibitions at the legislative level.

Determination of the direction of activity

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

1. It is important that the type of activity corresponds to the goals for which the non-profit organization is being created.
2. In the charter of the structure, it is important to prescribe all types of activities that the NPO plans to conduct.
3. In the Unified State Register of Legal Entities is represented full information regarding the activities of such structures.

Name choice

Special attention is paid to the choice of the name of the NPO. It has a number of requirements:

• Use of Russian language only.
• Indication of the form and type of activity.
• Registration of the name is obligatory, because otherwise it can be used by other persons.
• 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 starting registration.

Determining the legal address

The next step is to choose a legal address for the organization. There are only two main rules here. First, you need to specify a real yuradres. Secondly, if the object is leased, the lease agreement must be submitted to the Ministry of Justice. If the office is owned by the founder himself, supporting papers will be required.

Collection and transfer of documentation

Now it is necessary to collect documents for registration of a public association. The package of papers includes:

1. Statement. The application form upon creation can be taken from the registration authority. The document is drawn up in two copies.
2. Constituent papers, or rather, the charter (in triplicate).
3. The decision to establish an NPO, as well as to approve the constituent papers. This requires an indication of the composition of the appointed bodies. Quantity - 2 units.
4. Papers confirming the payment of state duty (receipt) - 2 units.
5. Information about the participants of the NPO — 2 items.
6. Data on the legal address of the public organization where it can be contacted (if necessary). As an option, the transfer of a lease agreement or a certificate confirming the right to own the object.
7. Papers confirming the possibility of using in the name of the NPO the name of the founder, symbols prohibited by the laws of the Russian Federation, and so on.
8. An extract from the register of legal entities of the country where the founder is from, or another paper of equal effect confirming the status of a foreign participant.
9. An application for inclusion of an NPO in the relevant register, which reflects public organizations that play 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 NCOs 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 political party(branches by region) — 3,500 rubles.
• Public organization of the disabled — 1,400 rubles.
• Entering information into the state register of SROs - 6,500 rubles.

After payment, it is important to note that the receipt indicated the name of the person submitting 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, 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 to open an NPO was made.

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

Obtaining a certificate

If the Ministry of Justice has issued a positive decision, the applicant receives a Certificate confirming the successful registration of the NPO. This is for up to one month. The paper guarantees the success of the registration procedures. The following information is noted in the certificate - personal code ( registration number), legal address, and the name of the NPO.

As noted, state bodies 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 has no claims against the applicant from the standpoint of the transferred documentation and other aspects of future activities.

Further, the information goes to the Federal Tax Service to include information about the created organization in the Unified State Register of Legal Entities. On the basis of the information received, data on the new public organization is included in the register within five days, 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 prepare and submit a certificate of state registration within up to 3 days. 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 NPO is an application 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 registration procedures.

In the application for the creation of an NPO, the following information is required - full name, telephone number, and address of the participant. The signature of the applicant, certified by a notary, is required. A second statement is also written with a signature, which is made by hand (a copy of the first paper is not allowed).

What to do if registration is denied?

The Ministry of Justice of the Russian Federation has the right to make a decision whether to register an NPO or refuse to provide such a service to the applicant. 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:

1. Constituent or other papers that are submitted to the Ministry of Justice of the Russian Federation for consideration and registration of an NPO are in conflict with the laws and the Constitution of the Russian Federation.
2. The name of the structure carries elements of an insult to morality, as well as religious and national feelings.
3. The package of papers required for the creation of 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 the transfer to the wrong structure.
4. The founder of an NPO is a person who, taking into account the Federal Law, does not have the right to perform such a function.
5. The papers submitted for consideration contain information that is erroneous and does not correspond to the real state of affairs.

If the applicant has been denied the idea of ​​establishing an NPO, he has two options - to accept the refusal and stop trying to create this type of NPO, or to pursue the goal. By law, it is not forbidden to collect and transfer a package of papers for registration again, but on condition that the reasons for the refusal are eliminated. Secondary filing of papers is carried out taking into account the requirements of the Federal Law on NCOs.

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 at right approach the entire process, from making a decision to obtaining a certificate, can take no more than two months.

In public associations, the dependence of the status of public associations on their territorial sphere of activity has been established. Mandatory indication of the territorial scope of activity public association must contain in the name of the organization. There are four territorial types of public associations:

1. All-Russian public association can carry out its activities in the territories of more than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. Currently, the Russian Federation consists of 85 subjects. Absence required amount structural subdivisions is a violation and may lead to the liquidation of the public association. The inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
2. Interregional public association carries out its activities in the territories of less than half of the subjects Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. To obtain this status, it is enough to have branches in at least 2 constituent entities of the Russian Federation. Interregional public associations have a special structure, which, as a rule, consists of regional and local branches.
3. Regional public association, the activity of such an association in accordance with its statutory goals is carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the very name of the organization implies, operates in Moscow.
4. local public association conducts its activities within the territory of only one local government. For example, the Losinoostrovskaya Local Public District Organization of Motorists operates on the territory of the Losinoostrovskoye intracity municipality of the city of Moscow.

Branches has the right to acquire the rights of a legal entity and is also entitled to carry out activities on the basis of its charters registered in in due course. At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the possibility of a regional branch to become an independent legal entity that leads to the fact that when creating a regional branch, it should have at least three members representatives of this region. Since a public association is created on the initiative of the founders - at least three individuals and (or) public associations.

One of the most common forms non-profit organizations which are subject to special requirements for their registration are public associations. According to the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" *(115) (Article 3), a public association should be understood as "a voluntary, self-governing, non-commercial formation created on the initiative of citizens united on the basis of a common interest to achieve the common goals specified in the charter of a public association."

A public association can function both in the form of a legal entity (that is, registered in such a capacity in a certain way) and without forming a legal entity. Accordingly, depending on whether or not it is registered as a legal entity, a public association has a more or less extensive range of rights and obligations.

At the same time, the peculiarity of a public association is that it is not an organizational and legal form in itself. This is just a collective term that includes organizational and legal forms of legal entities that fall under the general characteristics of a public association: voluntariness, self-governance, non-commercial activity, community of interests and goals of members. Such organizational and legal forms are recognized:

Public organization;

Social movement;

Public fund;

public institution;

body of public initiative;

Political Party.

Each of the listed organizational and legal forms, along with the general features characteristic of a public association, have their own features that are inherent in each of the forms separately.

A public organization is a public association based on membership, created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens (Article 8 of the Law on Public Associations).

A public movement is a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the public movement (Article 9 of the Law on Public Associations).

A public fund is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other receipts not prohibited by law and use this property for socially useful purposes. The founders and managers of the property of a public fund are not entitled to use the said property in their own interests (Article 10 of the Law on Public Associations).

A public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the specified association (Article 11 of the Law on Public Associations).

A body of public amateur performance is a public association that does not have membership, the purpose of which is to jointly solve various social problems that arise for citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited circle of people whose interests are related to the achievement of statutory goals and the implementation of programs of the public body. amateur performances at the place of its creation (Article 12 of the Law on Public Associations).

The legal status of a political party is determined by a separate block of legislation. At the same time, the issue of state registration political party, so it will be dealt with in a separate paragraph.

Thus, the essential property of a public association is the expression of the interests of a certain stratum of society (a group of citizens), for example, business circles, youth, women, pensioners, veterans, etc. Accordingly, the goals pursued by such associations are quite significant and necessary for society. Not without reason, therefore, public associations are the basic integral part civil society that controls the activities of the state *(116) . Important in this sense is the norm enshrined in Part 1 of Art. 17 of the Law on Public Associations. According to her, the intervention of organs state power and their officials in the activities of public associations, as well as the interference of public associations in the activities of state authorities and their officials, is not allowed, except in cases specified by law.

One such exception is the state registration of public associations as legal entities. The Law on Public Associations fixes some features of the special procedure for registration.

So, there are some special requirements for applicants. For example, the founder of an association can be an individual who has reached the age of eighteen (despite the fact that citizens of a much younger age can be members of a public association), and others legal entities- public associations. Foreign citizens and stateless persons legally located on the territory of the Russian Federation may also be founders of public associations, with the exception of cases established by international treaties of the Russian Federation or federal laws. One of such exceptional cases is established in the Law on Public Organizations itself (Article 19). According to the Federal Law of January 10, 2006 N 18-FZ "On Amending Certain Legislative Acts of the Russian Federation", which introduced additions and amendments to the Law on Public Associations, the following cannot be founders of a public association:

1) a foreign citizen or a stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision has been made on the undesirability of their stay (residence) in the Russian Federation;

2) a person included in the list of organizations and individuals in respect of which there is information about their participation in extremist activities *(117) ;

3) a public association whose activities have been suspended in accordance with Article 10 federal law dated July 25, 2002 "On combating extremist activity";

4) a person in respect of whom, by a court decision that has entered into legal force, it has been established that his actions contain signs of extremist activity;

Neither state authorities nor local self-government bodies can act as participants in public associations.

Accordingly, applicants for registration of a public association during its creation may be: a) the founder (founders) - natural persons; b) the head of another public association acting as the founder of the registered association; c) another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local self-government body.

When registering a public association in connection with its liquidation, only the liquidation commission or the liquidator may act as applicants.

Applicants for registration of amendments to the charter and (or) the state register may be a) the head of the permanent executive body of the legal entity being registered, and in the absence of such, another person who has the right to act on behalf of this legal entity without a power of attorney; b) another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local self-government body.

Similar to the latter is the list of possible applicants for state registration of a public association established through reorganization. Applicants for state registration of the creation of regional or local branches of all-Russian or interregional public associations are exclusively the all-Russian or interregional public association, respectively.

For state registration of a public association during its establishment, authorized applicants, within three months from the date of the founding congress (conference) or general meeting, which decided to register the public association as a legal entity, submit the necessary documents to the body that decides on state registration. Such documents according to par. 6 art. 21 of the Law on Public Associations are:

1) an application signed by members of the permanent governing body of the public association, indicating their last names, first names, patronymics, place of residence and contact numbers;

2) the charter of the public association in triplicate;

3) an extract from the minutes of the founding congress (conference) or general meeting, containing information on the creation of a public association, on the approval of its charter and on the formation of governing bodies and a control and audit body;

4) information about the founders;

5) a document confirming payment of the state fee;

6) information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out;

7) minutes of founding congresses (conferences) or general meetings of structural divisions for international, all-Russian and interregional public associations;

8) when a public association uses the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name - documents confirming the authority to use them.

The application form for the state registration of a public association is approved by Decree of the Government of the Russian Federation of April 15, 2006 N 212. The rules for filling out this form are similar to the rules that apply to filling out an application for registration of a legal entity with an ordinary status. It is only necessary to point out the following features.

According to Article 14 of the Law on Public Associations, all-Russian public associations are allowed to use in their names the words and phrases "Russia", "Russian Federation" and words and phrases formed on their basis without special permission from the competent state body.

For the body that decides on registration, the goals of creating a public association (the so-called statutory goals), which are indicated in the application, are also important. At the same time, the goals of the association indicated in the application must fully correspond with the goals enshrined in the charter of the public association.

The charter is the only founding document of a public association. According to Article 20 of the Law on Public Associations, it must contain the following information:

1) the name, goals of the public association, its organizational and legal form;

2) the structure of the public association, its governing and control and auditing bodies, the territory within which this association operates;

3) the conditions and procedure for acquiring and losing membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);

4) the competence and procedure for the formation of the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;

5) the procedure for introducing amendments and additions to the charter of the public association;

6) sources of formation Money and other property of a public association, the rights of a public association and its structural subdivisions for property management;

7) the procedure for reorganization and (or) liquidation of the public association. All copies of the charter (three copies are required) are submitted in originals. The pages of the charter must be numbered, stitched, and the charter itself is certified by the head of the public association.

An important fact in the activities of a public association is the decision of the congress (conference) or general meeting on the creation of a public association, on the approval of its charter and on the formation of governing and control and audit bodies. It is from the moment these decisions are made that a public association is considered established: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes obligations stipulated by law (Article 18 of the Law on Public Associations). Due to the importance of these decisions, they (in whole or in the form of extracts from the protocol) must be submitted to the body that makes a decision on the state registration of a public association. The extract is submitted in two copies and must contain the following data: date and place of the founding congress (conference) or general meeting; the list of founders - participants of the founding congress (conference) or general meeting; information on the quantitative and personal composition of the working bodies (presidium, secretariat, etc.); creature decisions taken and the results of voting on them; information (surnames, first names, patronymics) about elected members of the governing and control and auditing bodies, last names and signatures of the chairman and secretary of the congress (conference) or general meeting responsible for compiling the minutes.

Information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out, is drawn up in any form. However, they must necessarily contain the following data: the name of the subject of the Russian Federation, district, city, other settlement, street, house number, apartment.

In addition, in order to register an international, all-Russian or interregional public association, it is necessary to submit the minutes of the founding congresses (conferences) or general meetings of their structural divisions to the body that decides on registration.

If a public association uses the personal name of a citizen, symbols protected by Russian legislation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name, the body that decides on the state registration of such an association will need an additional document confirming the authority associations for the use of similar products. A document confirming the authority of a public association to use the names of statesmen and public figures in its name is a decision on this issue by the relevant executive authorities of the Russian Federation at the location of the permanent governing body of the association. And a document confirming the authority of a public association to use symbols protected by Russian legislation on the protection of intellectual property may be a registration certificate of the State Patent Office of the Russian Federation, a decision of a judicial authority or another document of title.

To register a branch of a public association, all the listed documents certified by the central governing body of the public association, as well as a copy of the document on the state registration of the public association (copy of the State Registration Certificate of the public association) are submitted to the territorial body of the Federal Registration Service for the constituent entity of the Russian Federation. The state registration of a branch of a public association is carried out in the manner provided for the state registration of public associations. If a branch of a public association does not adopt its charter and acts on the basis of the charter of the public association of which it is a branch, the central governing body of this association notifies the territorial body of the federal body of state registration in the relevant subject of the Russian Federation of the existence of the said branch, its location , provides information about its governing bodies. In this case, the said branch acquires the rights of a legal entity from the moment of state registration (Part 9, Article 21 of the Law on Public Associations).

All documents must be submitted in the state language of the Russian Federation - Russian.

The term of state registration of a public association depends on the fact being registered. Thus, the period for registering the facts of the creation, reorganization of a public association, amendments to the charter of the association or information about the association in the Unified State Register of Legal Entities is thirty days. And the period of registration of a public association in connection with its liquidation is much lower and amounts to ten days.

Upon the expiration of the registration period, the body of the Federal Registration Service must make one of the following decisions: either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

Unlike the registration of legal entities with an ordinary status, where the verification of the submitted documents is carried out exclusively formally, the decision to register a public association is based on a more thorough verification of the submitted documents. Let's call it quality control. In accordance with the Order of the Ministry of Justice of March 25, 2003 N 68, it includes an analysis of the charter and other "constituent documents" *(118) public association in terms of:

1) compliance with the Constitution of the Russian Federation, the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", the Federal Law "On Public Associations", federal laws on certain types of public associations;

2) availability complete list constituent documents required by law;

3) compliance with the proper procedure and correct execution of constituent documents;

4) the reliability of the information contained in the constituent documents submitted for state registration;

5) compliance of the name of the public association with the requirements of the law;

6) the presence in the Unified State Register of Legal Entities of a registered public association with the same name in the territory within which this association operates.

To implement the tasks set, the bodies that decide on the registration of a public association, if necessary, have the right (clause 2.2. Order of the Ministry of Justice of the Russian Federation of March 25, 2003 N 68):

1) to receive for familiarization from the association that applied for state registration the original copies of constituent documents and other materials;

2) receive information and explanations from representatives of public associations and other interested persons and organizations on issues related to the state registration of an association;

4) receive expert opinions on issues arising in connection with the state registration of the association;

5) perform other actions arising from the requirements of the law.

In the event of any comments on the submitted documents that require revision, but do not prevent the adoption of a decision on the state registration of the relevant public association, the bodies making the decision on registration may officially bring these comments to the attention of the permanent governing body of this association in writing. However, editing documents already under consideration is not allowed. A public association is only entitled to either continue the registration procedure according to previously submitted documents, or, upon a written application, return the materials submitted to the bodies of the Federal Registration Service. True, the second option is possible only if the decision on state registration of the public association has not yet been made.

After the expiration of one month from the date of acceptance of the documents, the body of the Federal Registration Service is obliged to make either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

The decision to refuse the state registration of an association can come only under strict legal regulation, which is contained in Article 23 of the Law on Public Associations. According to its content, the grounds for refusal are the following situations:

1) if the charter of a public association contradicts the Constitution of the Russian Federation and the legislation of the Russian Federation;

2) if an incomplete list of documents required for state registration determined by the Federal Law "On Public Association" is submitted or these documents are drawn up in an improper manner or submitted to an improper body;

3) if a person acting as a founder of a public association cannot be a founder;

4) if a previously registered public association with the same name operates within the same territory;

5) if it is established that the submitted constituent documents contain unreliable information;

6) if the name of a public association offends morality, national and religious feelings of citizens.

Based on the presented list of grounds, the following conclusions can be drawn.

Denial of state registration of a public association on the grounds of the inexpediency of its creation, as well as on other grounds not specified in the list, is not allowed.

Refusal to state registration of a public association is made in the form of a conclusion approved by an authorized person of the Ministry of Justice of the Russian Federation or its territorial body. Not later than one month from the date of adoption of the relevant conclusion, the applicants are informed of this in writing, indicating the specific provisions of the legislation of the Russian Federation, the violation of which resulted in the refusal of state registration of this association.

Denial of state registration, as well as evasion of such registration, may be appealed to a higher authority or a court of general jurisdiction.

If the procedural actions of the body of the Federal Registration Service for checking documents did not reveal any violations, the latter, within thirty days from the date the applicant submitted the documents, decides on the state registration of the public association.

On the basis of this decision and the information and documents submitted, the authorized registering body, within a period of not more than five working days from the date of receipt of these information and documents, makes an appropriate entry in the Unified State Register of Legal Entities and no later than the working day following the day such an entry is made, informs the body who made the decision on the state registration of the public association.

The body of the Federal Registration Service, no later than three working days from the date of receipt from the authorized registering body of information on the entry in the Unified State Register of Legal Entities about the public association, shall issue to the applicant a certificate of state registration.

Basic provisions on public organizations

Founders and charter of a public organization

Rights and obligations of a participant (member) of a public organization

Features of management in a public organization

The concept and basic provisions of a public organization

Law No. 99-FZ of May 5, 2014 introduces into § 6 "Non-commercial corporate organizations" of the Civil Code of the Russian Federation whole section 3 "Public organizations" (articles 123 8 - 123 11):

Article 123 4 . Basic provisions on public organizations

Public organizations voluntary associations of citizens who have united in the manner prescribed by law on the basis of their common interests to meet spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law are recognized

A public organization is the owner of its property. Its participants (members) do not retain property rights to the property transferred by them to the ownership of the organization, including membership fees.

Participants (members) of a public organization are not liable for the obligations of the organization in which they participate as members, and the organization is not liable for the obligations of its members.

Public organizations may form associations (unions) in accordance with the procedure established by this Code.

A public organization, by decision of its participants (members), may be transformed into an association (union), an autonomous non-profit organization or a foundation.

Commentary on Article 123 4 of the Civil Code

Previously given in the Law "On Public Associations" the concept of a public organization has not undergone significant changes.

A public organization is a formation that is characterized by the following features:

voluntariness;

self-management;

non-commercial character;

created on the initiative of citizens united on the basis of common interests;

was created to achieve the common goals of the participants, which are at the same time statutory goals (in other words, it has a target orientation of activity).

Voluntariness means an opportunity for citizens without any obstacles and without taking into account external reasons, without coercion, having shown free will, to join a public organization (become its participant). Article 30 of the Constitution of the Russian Federation establishes: "everyone has the right to association" and "no one can be forced to join or stay in any association."

self-management means the autonomous, independent functioning of the organization and the determination of its statutory goals by the free choice of its founders.

non-commercial nature assumes that making a profit is not the main goal of the activity of a public organization and that the profit received is not distributed among its participants. However, profit-making is, in principle, permissible. At the same time, entrepreneurial activity can be the main source of financing for their activities, but if the purpose of such organizations is not to make a profit, then they will still be non-profit.

The ban on the distribution of profits essentially means limiting the right to dispose of this profit.

The creation of an organization on the initiative of citizens united on the basis of a common interest means the creation, by the will of citizens, of at least three in number, which is directly and unequivocally expressed. Initiative manifests itself in the form of actions to create an organization, in a certain order.

Another essential feature is that any organization is created to implement the common goals of uniting citizens.

The goals are fixed in the charter of a public association. Public organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical culture and sports, meeting the spiritual and other non-material needs of citizens, protecting the rights, legitimate interests of citizens and organizations, resolving disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public benefits.

The founders of a public organization can now only be individuals.

Founders and charter of a public organization

Law No. 99-FZ of May 5, 2014 introduces an article on the requirements for founders and the content of the charter of public organizations:

Article 123 5 . Founders and charter of a public organization

The number of founders of a public organization cannot be less than three.

The charter of a public organization must contain information about its name and location, the subject and goals of its activities, as well as conditions on the procedure for joining (accepting) a public organization and leaving it, the composition and competence of its bodies and the procedure for making decisions by them, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, on the property rights and obligations of a participant (member) of the organization and on the procedure for distributing property left after the liquidation of the organization.

Commentary on Article 123 5 of the Civil Code

The Civil Code establishes a new minimum number of founders of a public organization - 3 people (which corresponds to the provisions of the Law "On Public Associations").

The founders of a public organization can be any individuals, not just citizens of the Russian Federation.

Restrictions may be specifically provided for in the law. For example, in accordance with Article 2 of Law No. 10-FZ "On Trade Unions, Their Rights and Guarantees of Activity", individuals who have reached the age of 14 and are engaged in labor (professional) activities have the right to join a trade union. Citizens of the Russian Federation living outside its territory may be members of Russian trade unions. Foreign citizens and stateless persons residing on the territory of the Russian Federation may be members of Russian trade unions, with the exception of cases established by federal laws or international treaties of the Russian Federation.

All restrictions on the circle of persons who can be founders, established earlier in the Law "On Public Associations", are removed.

Article establishes General requirements to the content of the only constituent document of a public organization - the charter.

A legal entity has its own name, containing an indication of its organizational and legal form.

The name of a public organization must contain an indication of the nature of their activities.

Taking into account the special legal capacity of non-profit organizations (Article 49 of the Civil Code) and in accordance with Article 52 of the Civil Code, the charter of a public organization must also determine its location, the procedure for managing the activities of a legal entity, as well as the subject of activity of a legal entity.

Rights and obligations of a participant (member) of a public organization

Law No. 99-FZ of May 5, 2014 introduces an article on the rights and obligations of a participant (member) of a public organization:

Article 123 6 . Rights and obligations of a participant (member) of a public organization

A participant (member) of a public organization shall exercise the corporate rights provided for by paragraph 1 of Article 65 2 of this Code in the manner prescribed by the charter of the organization. He also has the right, on an equal footing with other participants (members) of the organization, to use the services provided by it free of charge.

A participant (member) of a public organization, along with the obligations provided for participants in a corporation by paragraph 4 of Article 65 2 of this Code, also bears the obligation to pay membership and other property contributions provided for by its charter.

A participant (member) of a public organization, at his discretion, has the right to withdraw from the organization in which he participates at any time.

Membership in a public organization is inalienable. The exercise of the rights of a participant (member) of a public organization cannot be transferred to another person.

Commentary on Article 123 6 of the Civil Code

Public organizations are created on the initiative of their founders. Founders "automatically", i.e. at the same time from the moment the organization is created, they become their members (participants), acquiring the appropriate status.

The main rights and obligations of participants in a public organization are indicated in the article.

Management in a public organization

Law No. 99-FZ of May 5, 2014 introduces an article on the regulation of management issues in public organizations:

Article 123 7 . Features of management in a public organization

The exclusive competence of the supreme body of a public organization, along with the issues specified in paragraph 2 of Article 65 3 of this Code, also includes the adoption of decisions on the amount and procedure for payment by its participants (members) of membership and other property contributions.

In a public organization, a sole executive body (chairman, president, etc.) is formed, and permanent collegial executive bodies (council, board, presidium, etc.) can be formed.

By decision of the general meeting of members of a public organization, the powers of its body may be prematurely terminated in cases of gross violation by this body of its duties, inability to properly conduct business, or if there are other serious grounds.

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Useful links on the topic "Changes to the Civil Code - Draft Civil Code of the Russian Federation 2013 - 2014: Public organizations as amended by the Law of 05.05.2014 No. 99-FZ"

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How to open a non-profit organization step by step

In the past, she was in charge of state registration issues separate service(FRS). But later it was abolished, and the fictions were transferred directly to the Ministry of Justice. As a result, there have been some changes in the procedure:

• registration of organizations;
• correction of information previously indicated in the constituent papers;
• reorganization;
• and finally liquidation.

Whatever it was, but only one question is of interest: how to open a non-profit organization? You will need to contact the Department of Justice directly. It is this department that registers NGOs, both Russian and foreign, in the event that the latter intend to start working in the country.

In each region, there are territorial offices of the Ministry of Justice, which are in charge of opening certain organizations. Submission of a package of constituent documents is carried out both personally by the founders and through the Russian Post. In the latter case, the papers are sent by registered mail along with the description.

At the same time, there are many specialized commercial organizations in the country that can fully take care of all the necessary chores for a separate fee, of course. On average, their services in the Russian Federation cost 15 thousand rubles.

What is needed to open

First of all, you should perform the following sequence of actions:

• come up with a name;
• find the premises, the location of which will become the legal address;
• determine the direction of activity;
• fix the decision to establish an NPO.

The chosen name of the organization should indicate the nature of its activities. The law prohibits the use of names state structures both full and in the form of abbreviations.

The location of the organization is determined by the place of registration. The legal address is entered into the State Register of Legal Entities, which must be within the boundaries of the territorial entity chosen for work.

There is a fairly wide range of activities. This circumstance allows the founders of NCOs to choose the most appropriate form.

The decision to establish an organization is made by the initiators unanimously at the general meeting, in the situation where the NPO decided to create several citizens. Then it is necessary to approve the charter and form the board.

Only after carrying out all the above preliminary procedures, you can begin to collect the required documents.

NPO Forms

Religious or social organizations. They are associations of citizens who adhere to common views and worldviews. Their task is to satisfy the needs of an intangible nature.

Charitable Foundation. This type organization differs from the above in that there is no membership in it. It was established on the initiative of commercial structures, and individuals. The basis of its activities is the collection of voluntary donations directed to the following purposes:

• charitable;
• social;
• cultural;
• educational, etc.

It is also worth mentioning non-profit partnership. This form of NPO is based on membership. Both citizens and legal entities can establish it. The main task is to assist all participants in the organization in achieving various goals that are significant for society.

A private institution is an NPO founded by one citizen or legal entity. Its purpose is to carry out the following non-commercial functions:

• socio-cultural;
• managerial.

It is also worth mentioning the autonomous NPO. An organization of this kind does not have a membership and is created to provide the following services:

• educational;
• healthcare;
• cultural;
• scientific;
• legal;
• sports, etc.

The Association is an association of both legal entities and individuals designed to protect common interests.

Cossack Society. This is another form of civic organization acting to ensure:

• protection of rights;
• preservation of the traditional way of life;
• revival of the Cossack movement;
• conducting business activities;
• cultural development.

Communities of indigenous small nationalities of the Russian Federation.

A specific form of organization that unites persons on the following grounds:

• related;
• territorially neighboring.

The purpose of existence is to preserve traditions, culture and crafts.

Each form of association has the right, after registration, to create in other regions:

• branch;
• separate division.

They, in turn, must also be registered at their location.

See also: How an individual can open a foreign currency account with Sberbank

Required documents

Submission of papers for registration must be carried out no later than 3 months after the constituent assembly. The legislation indicates that the following documents are required without fail:

• application certified by a notary (form РН0001);
• memorandum of association or approved articles of association;
• resolution on creation (2 copies);
• a document confirming the transfer of the state fee;
• information about the location of the NGO.

The application must indicate full names founders, their home addresses and contact phone numbers.

As a document containing information about the location of the NPO, the following are suitable:

• certificate of ownership of real estate;
• lease agreement;
• letter of guarantee, etc.

Terms of consideration and submission of documents

As practice shows, the review takes quite a lot of time. In general, the whole process can be divided into the following stages:

• preparation of documents;
• transfer to the bodies of the Ministry of Justice;
• registration of NCOs in the state register;
• registration with the tax, pension fund, employment service;
• obtaining permission for printing and its production;
• acquisition of the status of an NPO in the Federal Tax Service.

As you can understand, the procedure is quite complicated and requires careful preparation.

To avoid delays, it is extremely important to comply with all norms of relevant legislation. A professionally compiled package is a guarantee that it will take a minimum of time to open. Registration itself usually takes approximately 30 days.

The duty is 4 thousand rubles. Payment can be made through any commercial or state bank in a non-cash manner. Finding out the details of the local branch of the Ministry of Justice is not difficult - just visit its official website.

What documents are issued by government agencies

After the issue is resolved positively, the Ministry of Justice forms an appropriate resolution, on the basis of which data on the new legal entity is entered in the tax service.

After that, the founders will only have to receive a certificate of registration. From that moment on, the organization is recognized as a legal entity. Its founder receives a TIN from the Federal Tax Service. Then he will have to pick up the statistical codes assigned to the organization. To do this, you will need to provide an application, an extract from the state register of legal entities and a certificate of registration there. Rosstat can be contacted not only by the founder himself, but also by his representative. The latter must have a power of attorney issued by a notary.

Like any legal entity, an NPO, in turn, is required to register with some non-budgetary public funds. This is about:

This procedure is obligatory due to the fact that the format of the activities of NPOs involves the use of hired work force. It is important to understand that the above organizations receive all the necessary information from the tax authorities or the Ministry of Justice. That is, the founders will only have to pick up registration certificates.

NCOs are not required to open a bank account. But it is worth knowing that the absence of it in the future can significantly complicate the work. The thing is that mutual settlements between legal entities should be made exclusively in a non-cash form.

Only after receiving all the documents mentioned above, a non-profit organization has the right to engage in statutory activities.

Are you engaged in a socially useful cause and want to make your work professional, join forces with other citizens and create a public organization? We can give you advice on how to save your time and create an NGO without too much hassle.

Public relations of citizens are regulated by the current legislation of the Russian Federation, and when exercising the rights of citizens to associate, create, liquidate and (or) reorganize public associations, there are certain conditions determined by law. It is difficult to understand this set of legislative acts without a consultant. But the first step is the desire, by uniting with others, to make our life a little better, you have already done.

The following documents are required for state registration of public associations:

• 1. Charter of a public organization.
• 2. Minutes of the general meeting of founders.
• 3. Application for registration, including information about the governing body.
• 4. Information about the founders-initiators of the creation of NCOs.
• 5. Regulations on branches (if any).

All these documents are submitted in 2 copies to the Department of the Ministry of Justice of the Russian Federation for the Tver Region, where the organization is registered.

Other non-profit organizations submit the following documents:

• 1. Charter of a non-profit organization.
• 2. Memorandum of Association (if required).
• 3. Minutes of the general meeting of founders.
• 4. Application for registration.
• 5. Information about the founders-initiators of the creation of NCOs.
• 6. Receipt of payment of the registration fee.

All of these documents are submitted to the administration of the municipality where the organization is registered.

But the order of registration is not the main thing, because there are some points that you need to know from the very beginning.

According to the Civil Code of the Russian Federation, an organization is considered commercial if it has the goal of making a profit, is engaged in entrepreneurial activities and distributes the income received as a result of this activity among its participants (shareholders, shareholders, etc.). A public, or in other words, a non-profit organization (NPO), is an organization created to achieve its statutory goals (integration, rehabilitation, protection of rights, etc.), which does not aim to make a profit, but is engaged in entrepreneurial activity and uses the resulting income to achieve these very statutory goals. That is, the main goal of an NPO cannot be making a profit, and if as a result of the implementation entrepreneurial activity NPO and received a profit, then it cannot be distributed among the founders and (or) members.

NCOs can be created to achieve various socially beneficial goals. It is not allowed to create organizations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed formations, inciting social, racial, national or religious hatred. The activities of NCOs can be carried out both in the interests of the whole society, and any of its individual groups or categories.

Another very important point, which distinguishes commercial organizations from non-commercial - shareholders or shareholders are the owners of the property of JSC, LLC, etc. Members of a public organization are not owners of its property and lose their right of ownership when it is transferred to a public organization, unless otherwise provided by law or a lease, use agreement, etc.

Some forms of NCOs (of all public associations) may be informal, i.e. their activity without state registration is allowed, but at the same time, the organization, without acquiring the status of a legal entity, cannot own or on the basis of other real rights separate property, bear rights and obligations, act on its own behalf in court. Only having the status of a legal entity, an organization can acquire property and non-property rights on its own behalf, fulfill obligations (be a participant in civil transactions, conduct economic activity), to be a plaintiff and a defendant in court. Legal entities are required to have an independent balance sheet, budget or estimate, be registered with tax and other controlling and accounting state bodies. They can also open and use a bank account.

An NPO can conduct business activities. It includes, in particular: the purchase and sale of consumer goods, the provision of services (including paid services, at cost or below cost), the lease of premises, the storage of funds in deposit accounts, the purchase and sale of securities, participation in business companies and partnerships.

The legislation does not clarify what is meant by "entrepreneurial activity consistent with the goals of the organization." The decision-making always remains with the head (governing body) of the organization, and in disputed, conflict situations the decision on the compliance of the activities carried out with the statutory goals of the organization will be made by the court.

In their business activities, NGOs are guided by the same laws as commercial organizations. A legal entity may engage in certain types of activities, the list of which is determined by law, only on the basis of a special permit (license). The list of licensed activities is constantly updated, so the head of an NPO needs to constantly monitor changes in the laws of the Russian Federation.

An NPO may be established only in those organizational and legal forms that are determined by federal legislation.

At the moment, in Russia there is the possibility of creating organizations that do not have the main goal of their activities to make a profit, in the following forms:

• 1. Public organization.
• 2. Social movement.
• 3. Public fund.
• 4. Public institution.
• 5. Organ of public initiative.
• 6. Non-commercial partnership.
• 7. Institution.
• 8. Autonomous non-profit organization.
• 9. Fund.
• 10. Association (union).
• 11. Religious organization.
• 12. Association of homeowners.
• 13. Consumer society.
• 14. Union of Consumer Societies.
• 15. Consumer cooperative.
• 16. Agricultural cooperative.
• 17. Union of agricultural cooperatives.
• 18. Trade union.

Member organizations are more democratic, mobile than other non-profit organizations: the highest governing body in a member organization is always only general meeting(conference, congress) of members, other management and control bodies are necessarily accountable to him; any member of the organization can apply for participation in work in elected bodies; information about the activities of the organization should be available to all members. The founders of such an organization are in no way different from the newly admitted members: the founding members can be expelled from the organization in the same way as others; when voting, founding members may remain in the minority, and a decision will be made that does not meet the interests of the founders. Legislation prohibits giving founding members more rights than other members of the organization. In order to protect the interests of the founders, to prevent the adoption of decisions leading to a change in the policy of the organization, but, on the other hand, not to artificially limit the influx of new members, many affiliates establish " probation» for future members. In the presence of such a procedure, any person wishing to join the organization first becomes a candidate member (associate member) for a predetermined period, and only then, provided that there are no complaints against the candidate, he is accepted as a member (full member). During the candidacy period, the future member of the organization takes part in all meetings, events, pays fees and performs other duties, but the range of rights of the candidate is usually much narrower than that of a member of the organization, and most importantly, he may not have the right to vote when making decisions at general meetings or cannot be elected to the governing bodies.

The legal status of the considered non-profit organizations in the Russian Federation is regulated by:

“Everyone has the right to association, including the right to form trade unions to protect their interests. The freedom of activity of public associations is guaranteed.

No one shall be compelled to join or remain in any association."

Article 117. Public and religious organizations (associations);

Article 118 Foundations;

Article 119

Article 120 Institutions

It is very important to know the procedure and rules for registering public associations, which is regulated by:

The Ministry of Justice of the Russian Federation, being a federal executive body pursuing state policy and exercising management in the field of justice, as well as coordinating the activities in this area of ​​other federal executive bodies, in accordance with the tasks assigned to it, among a number of basic functions, carries out state registration of all-Russian and international public associations, branches of foreign non-governmental associations, as well as legal entities in cases provided for by the legislation of the Russian Federation.

The liquidation of public associations by the Supreme Court of the Russian Federation is carried out on the basis of Art.

29 and 52 of the Federal Law "On Public Associations". This means that associations are liquidated not only because they have not passed state re-registration within the prescribed period (Article 52 of the Federal Law), but also because they do not comply with the requirements of Art. 29 of the Law on the annual submission to the registration authority of information on the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the leaders in the amount of information included in the unified state register of legal entities. Part 2 Art. 29 of the said Federal Law indicates that the failure to submit updated information for entering into the unified state register within 3 years entails an appeal by the body that registered the association to the court with a claim to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register of legal entities.

We hope that the information we provide will help you get started. If you write to us about your experience, we will be happy to post this information about ourselves on the site.

Article 6. Founders, members and participants of a public association

The founders of a public association are individuals and legal entities - public associations that convened a congress (conference) or general meeting at which the charter of a public association is adopted, its governing and control and audit bodies are formed. Founders of a public association - individuals and legal entities - have equal rights and bear equal duties.

Members of a public association are individuals and legal entities - public associations, whose interest in jointly solving the problems of this association in accordance with the norms of its charter is formalized by appropriate individual statements or documents that allow taking into account the number of members of a public association in order to ensure their equality as members of this association. Members of a public association - individuals and legal entities - have equal rights and bear equal duties.

Members of a public association have the right to elect and be elected to the governing and control and auditing bodies of this association, as well as to control the activities of the governing bodies of a public association in accordance with its charter.

Members of a public association have rights and bear obligations in accordance with the requirements of the rules of the charter of the public association, and in case of non-compliance with these requirements, they can be expelled from the public association in the manner specified in the charter.

Participants of a public association are individuals and legal entities - public associations that have expressed support for the goals of this association and (or) its specific actions, taking part in its activities without the obligatory registration of the conditions for their participation, unless otherwise provided by the charter. Members of a public association - individuals and legal entities - have equal rights and bear equal obligations.