The procedure for registering NGOs. Registration of NGOs (non-profit organization): all nuances

Hello, friends! The conversation will go about NGOs - non-commercial organizations. We constantly register and accompany NGOs (more than 200 per year), this is our main specialization and beloved job. On the Internet on the subject of creating NPOs is full of old, not professional and trite outdated information. If you are interested in the topic related to the design in 2018 and the further work of NGOs, here you will find answers to the main questions. Or learn the answers that need to know.

Here is a list of questions of people who thought about the design of NGOs:

NKO - what is it and do I need it? What is the essence of NPO?

Non-profit organizations following the names are organizations whose purpose, non-profit activities in certain directions. NKO has no beneficiaries or owners who receive interest, income or dividends. NPO cannot have in order to maintain business activities, operates in a non-profit field in the directions that the law clearly describes.

If it is easier for NPOs in the area: education, science, culture, sports, health, ecology, charity, protecting legal rights and freedoms I.T.D. All these activities are socially oriented and fully spelled out in Article 31.1 of the Federal Law "On Non-Profit Organizations".

Non-profit organizations are subject to two main laws, the law on non-profit organizations and the Civil Code. And the main regulatory body is the Ministry of Justice.

NGOs also have a number of advantages. It acting in a non-commercial field, in many cases, have an advantage over commercial organizations. Often, receipts are completely exempt from taxation. Has an advantage in cooperation with government agencies. The opportunity to participate in grants and obtaining state support allocated specifically for NPOs. Obtaining an area from a state, such as an office or sports, to implement its goals. The presence of social deduction of NDFL, which may receive individuals sponsoring non-commercial organizations.

In essence, the goal of the state and NGOs often coincide, for example, the development of science or sports. And if a non-profit organization is achieved in its activities, it is in the interests of the state to help her, through grants, premiums or subsidies. This in turn helps non-commercial organizations to implement their programs.

Features of non-commercial organizations and what are they?

The consequence of the absence of NPO owners is that all property of a non-profit organization belongs only to her. In fact, the manager is engaged in the head, who can be called the Chairman, director, president or any more. The main thing is that the leader choose members of NGOs, all members are equal, and to limit any of the members of the law is prohibited.

It is important to say that species of NPOs are quite a lot. You can divide them in two main features. The first is the place of registration, where the package of documents for registration and in the future changes in the statutory documents are submitted. This is the Federal Tax Service or Ministry of Justice. The second sign is whether the organization is founded on membership. When you create NKOs not based on membership, this is your project, and you have the opportunity to control it by investing resources and forces in it. It is very difficult to do this in the NPO membership based, you are, in fact, are the initiator of the project, which in the future will develop by the forces and the vision of the numerous group of people. You can keep control only by staying the leader of the movement and your authority.

1 group. Registered in the Ministry of Justice not based on membership:

(Autonomous non-profit organization)

2 group. Registered in the Ministry of Justice based on membership:

Cossack society

3 group. Registered in FTS based on membership.

Consumer cooperatives

4 group. Registered in FTS not based on membership.

State institutions
Casual institutions
Municipal institutions

It is important to say that it is very difficult, rather in most cases it is impossible. It is easier to establish a new NGO. Responsibly approach the choice of NKO form.

What is needed to create a non-commercial organization?

It is necessary to answer a few major issues and have the necessary documents.

It is necessary to determine what non-commercial field you will act and most importantly how you will implement our goals.

Having answered the first question, you can decide on the NGO form that you need to create.

Depending on the form, you will need at least one to three passports of the founders.

Determine the composition of the NGO controls, their positions and copies of the passport.

Full and abbreviated name of your future NGO.

Have data for a legal address, it may be an office (warranty letter from the office owner) or the home address of one of the founders (provided that he is the owner of the apartment).

4000 rubles per state duty

Approximately 3,600 rubles for notary services.

Step-by-step instructions for registration of NGOs.

You decided to create an NGO, and the first question to start:

For registration, at least one founder is needed, in some forms two, but three people are necessary in the mandatory collegial control body. Those. One person can be a founder, head and member of the collegial management body and two more only by members of the collegial governance. All the main questions solve exactly the collegial government, and not the founder.

- We choose the name for our NGO.

The question is more difficult than you may seem. First, the name must be unique. Secondly consist of three parts: legal form, reflection of the nature of your activity, the name itself. For example: an autonomous non-erocer organization for the development of culture and art "Zarya", as you see it consists of three mandatory parts. The name should determine the nature of your activity, as a result of your goals and the composition of the future statute. From here it follows an important limitation, in fact, the names of your activity will be determined and you cannot engage in all social oriented activities. For example, a sports organization will not be able to engage in ecology. It is also impossible to just so international, all sorts of state authorities, other forms (fund, Union, Association), etc. Foreign symbols and words are not allowed. If a rare name is used or a little-known Russian word, it is better to attach an explanatory letter with its description. Not everyone knows what typery, including employees of the Ministry of Justice, who can take it for a foreign word.

- We are determined with the legal address.

The legal address is the official location of the organization, and registration of ANO occurs at the location of the legal address. So where to take it? There are several ways.

The easiest way, the legal address provides one of the founders to its apartment, a prerequisite, the apartment must be owned. If the property is owned, then the consent of the remaining participants.

The second way - the legal address will be an office under the lease agreement, because The organization has not yet been created, the office's owner gives you a guarantee letter, which will make a lease agreement with you and agree that there will be the legal address of the organization.

There is a third way in practice, the most dubious - "buying a legal address", the owner provides you with a warranty letter, but after registration it provides you with the organization's postal support. It is cheaper than to remove the office, but it's worth going on this path with proven partners. You can get to the "black-rubber" address and get a refusal of the Ministry of Justice or after the design of NPOs to have the ability to open a settlement account.

- Registration of documents for filing to the Ministry of Justice.

Next, the most difficult stage. Registration of a package of documents for registration of NGOs. This package of documents is submitted to the regional Ministry of Justice, not to be confused with the Ministry of Justice of Russia. For example, in Moscow, this is the Ministry of Justice of Moscow. The Ministry of Justice in the Moscow region is also in Moscow.

The minimum package for registration consists of:

Charter 3 copies
Solution (protocol) 2 copies
Application certified by notary - 1 copy
Applicant signed by the applicant - 1 copy
Receipt of payment of state duty (original)

Separately, I would like to pay attention to the NGO Charter.

The charter should reflect exactly your nature of activity, goals and objectives of the organization, activities. All these items are formed in harmony with the name of the organization! The Charter indicates: the name of a non-profit organization, location, goals and subject of activity, information about branches and representative offices. Also, the charter determines the procedure for making changes, reorganization or liquidation of a non-profit organization, the procedure for monitoring the organization's activities.

NKO registration procedure in the Ministry of Justice

The procedure for registration of NGOs in the Ministry of Justice is radically different from the registration of LLC. The registration itself consists of four stages, and often you can only hear the deadlines of some that misleading people.

I will say easier, a complete registration date, from the moment of filing documents to the Ministry of Justice, takes no less than 1.5 months. And these one and a half months consist of five stages in which at least 4 people take part. This is one of the reasons why speeding up registration is very difficult, and if you succeed, it will be only a few days. I will describe these stages:

1. Documents are submitted to the Ministry of Justice, accepts them in the "Specialist at Accept" window.

The first option "Failure" in registration, with this everything is clear. All from the beginning, re-payment of state duty and almost always repeated costs of notaries.
The second version of "finalization", if there are minor notes on the charter, the specialist calls the applicant to the number specified in the statement and asks to make changes. It is important if you miss the call and you will not find your specialist today, tomorrow will be a refusal!. So it is better to know the appointed specialist and his phones in advance. Accordingly, repeated costs of notaries and duties do not arise. After the "refinement" of the examination may take again 3 weeks, and the registration time has increased dramatically.
Third option positive decision, cheers. But it is only the middle of the way.

3. The Ministry of Justice itself sends a package document in the FTS (tax), they go about a week.

4. Documents are tested in the FTS, it is not as strict as in the Ministry of Justice. And here solutions can only be two. Positive or negative solution. If negative, then you get to the top of the way. In the case of a positive solution, the registration numbers of the Inn and OGRN are assigned, with the introduction of legal entities into a single register. From now on, NPO exists. You can take an extract from the register and on the basis of it to make some actions.

5. Documents of the established organization are still traveling back to the Ministry of Justice.

6. The Ministry of Justice receiving documents from the FTS, issues an additional certificate of registration of a non-profit organization. It is important to say that this testimony is signed by the head of the Ministry of Justice. In this connection, this stage can be easily stretched from one to two or three weeks, and any challenge to the conscience of a specialist in the "window" or on the phone, the situation will not change. He will simply not dare to report your discontent to the highest leadership.

Having received a package of documents in the Ministry of Justice, be sure to check if errors are not allowed when making basic data to an incorporation, for example, in Ph.O. Founders and managers, addresses, name, I.T. d.

Then make the seal, it is necessary to do this. Freated from seals can only be LLC and IP. And be sure to receive in Rosstat (statistics) "Notification" with statistical codes.

We collect what happened in a beautiful package and open the current account in the bank you like. Does this leader and better do it immediately. Without the current account, the NGOs rarely can exist, and over time to do it becomes more and more difficult. NKO without a current account, this is generally a separate article for conversation.

Costs associated with NPO registration.

Let's go through. After minor expenses related to the preparation of documents, paper and ink. There are notarial costs and make up a minimum of 3500r, if we have 1-2 founder. Next, the state duty is 4000r., Which must be paid in the bank on the receipt. The costs associated with the opening of the current account are approximately 2-3 tr., It should be noted that in state banks the price is higher than in the commercial, but their reliability is no doubt. Please note that when the Bank's license is reviewed, an organization in 95% of cases loses its funds on the settlement accounts.

Separately I would like to say. After the creation, the organization will carry permanent costs associated with the conduct of the current account 1-3,5 tr. Depending on the bank. As well as accounting on the NGO worthy accountant will leave at least 2000r per month.

Rules of work and obligations of NGOs.

This topic is very voluminous, we will try to disassemble the three main questions, respectively:

Where can NKO work?
Who monitors the work of NPOs?
The principle of NGO activities.

Where can NKO work?

In the charter, any NPO is prescribed the territorial scope of activities, if it is simpler - these are the regions in which NGOs can act. By default, the main region will be the one in which your legal address is. In additional regions, NPOs are valid on the basis of branches or departments. Depending on the NGO form, you can open branches, branches or both of these types at the same time. It is important to say that for each form, the expansion of the territorial sphere is implemented in different ways. This is necessary to read separately. I designate their difference.

Branches are independent structural units with their registration data and settlement accounts in banks. Their creation leads to a new edition of the NGO Charter. The structure of the organization and the principle of management in the presence of branches is completely changing. Branches are discovered for example ANO.

Departments are created by internal documents, do not lead to the creation of a new edition of the charter and do not lead to indigenous changes in NPOs. But not in every form of NPO, it is possible to open offices. Separations for example can be discovered in a public organization.

There are forms that the territorial sign is not as important, for example, funds. Funds are inherently collecting and distributed. Their activities are built on the assistance or joint implementation of social projects with other NGOs. They usually simply have no need for branches or departments. They perfectly achieve their goals, relying on one single region, redistributing the collected resources.

Separately, you need to say about all-Russian organizations and NPOs, which simply, it is impossible to use it, for each form of NGOs there are their own rules. For a public organization, this is an action on the territory of more than 43 regions of Russia, such as the opening of more than 43 branches. For the Association (Union), this is a period of activity for more than 5 years, more than a third of the regions and unique activities that still need to prove.

International status and use of the relevant name. For this you need to do three steps. Create NGOs. Then create a representative office of your NGO in another country according to its laws. The third step, having all the documents on the created representative office, submit documents to the Ministry of Justice of Russia to the new charter, name and status. Often ask how to create "World NGOs", the answer is in no way, it is impossible to make it impossible and there is no concept of such a law.

Who monitors the work of NPOs?

NGO activities are somewhat more complicated than the activities of commercial organizations. NPO controls mostly the Ministry of Justice and Tax (FTS). The principle and target of control is very different. If you describe all the subtleties, there is not enough books, but the main principles, we will try to designate.

The Ministry of Justice controls whether the activities of the NGO, the law on non-profit organization correspond to the law. It is checked with the activities of the NGO of its charter and is legally spent the means. It is the Ministry of Justice that makes complaints about the activities of the NGO and decides on its forced liquidation. Every year it receives reporting from NAO confirmation of activities, basic financial and economic indicators and composition of management bodies. Checks the target use of the received funds and the legality of their use within the framework of the non-commercial field. In essence, the Ministry of Justice carries the supervisory function, in case of inconsistencies, it makes a prescription to eliminate the shortcomings or eliminates NPOs.

Tax (FTS) executes several other functions. All NPOs, as part of its charter, can engage in income generated by taxes. Reports and declarations are provided in the tax quarterly. Based on the reporting and analysis of the composition of the current account operations, the FTS verifies the accuracy and payment of taxes. In other words, the FTS performs fiscal control functions. And in case of detection of violations, the NGOs penalizes, blocks the current accounts, requires explanations from the head, if the data was provided with incomplete, contradictory or unreliable.

Also, all NPO reporting is provided in the FIU, FSS and Rosstat, even if NPO activities or employees do not have.

Principle of activity of NGO

After the creation or annually, the NGO holds a general meeting of members. At this meeting, within the framework of the NGO Charter, the NGO development plan is determined in the current year. Simply put, members solve the main principles and goals of their NGOs, determining the goal of the next year, possibly developing a specific program. Perhaps the mechanism for the implementation of socio-oriented activities is determined.

The second important question is how the given goals will be achieved at what funds. Definct sources of income generation. Accordingly, measures and promotions can be planned to attract funds, such as confined to holidays or solemn dates. Perhaps the main source of funds is assumed to the activity that causes income, and it is necessary to describe the development of this direction.

The third question is the estimate for the current year. Having determined the objectives of the non-profit organization and sources at the expense of which they will be implemented. Members of the meeting form a estimate with the planned amount of income for each article and their target use on the planned goals. It is important to say that the estimate should not be accurately fulfilled during the year, it is only a plan. According to the result of the year, the actual estimate is drawn up, members of the meeting are studying the estimates planned and actual in order to take into account the experience of the past year and to be able to better plan the next year.

I would like to notice that the estimates in the NGO can not at all, because Financial operations are absent completely, and the statutory activities, goals and objectives are fully implemented. For example, a public organization operates at the expense of its members and volunteers, which are free of charge or at their own expense, fully implementing the goal of enlighteing and consulting the population about its rights. As you can see financial transactions can be minimal or even completely absent.

Separately, I note that the taxes of income (income from the sale of goods and services) is mainly taxed, which is the source of the formation of NPO receipts. Receive income is permissible only in the framework of those activities that are in the Charter (write purely commercial activities in the charter, as trade, Agenic services, construction of buildings and structures, etc. Ministry of Justice will not give you upon registration or changes). By itself, this activity can not be the purpose of NPO. The exception is the construction of the activities of some ANO. When they carry out the activities of an income, such as the provision of services for sports, and sections at cost. Without receiving any financial result, Ano immediately performs its main statutory goal - the development of sports, i.e. The goals of such an ano does not change, this is the development of sports, it simply turns out that the authorized activities and activities that cause income is merged into the fulfillment.

Conclusion.

Here, the foundations of knowledge about non-profit organizations that should know everyone who is interested in this topic were described. Separately for each form of NPO, we have our own sections, it is also possible to freeze with deployed articles on issues that are raised here in general terms.

If you have something to say, write in the comments, will be happy to answer.

Also leave your comments below, discuss together.

Create a company whose key task should be a social movement or a socially significant goal, more complicated than a regular business, so registration of NPOs should be entrusted to competent specialists. They quickly, competently prepare the necessary documentation, will hold registration actions.

Varieties of non-profit enterprises

The issues of work without conducting any entrepreneurial activity are governed by the Civil Code of the Russian Federation and another regulatory acts. The key of these are №7-FZ "On non-profit organizations", adopted 01/12/1996, and No. 82-ФЗ dated 19.05.95 ("On public associations"). The presence of skills to apply legislation on NGOs and allows you to work successfully in this area.

When registering the NGO, it is possible to choose from the following list:

Religious association.
Public association.
State Corporation.
Various type of partnership.
Autonomous non-profit organization.
Social Fund.
Charitable Foundation.
Unions and Association of Legal Entities.

Each option has certain features of both registration actions and subsequent work (permissible activities, reporting to the tax service, the calculation of employees wages). This must be taken into account when creating NPOs and work only after consulting an experienced specialist.

Differences from commercial enterprises

All existing species of legal entities provide any services, create commodity and material values. The key in registration of NGOs is the absence of signs of entrepreneurial activities in the regulations. Such firms cannot be retailers / wholesale stores, service centers in order to extract profit from this. Before opening a non-commercial organization in Moscow or any other city, it is necessary to take into account this moment.

Any funds received from the sale of goods, the work of service centers should be sent to carry out activities. Maximum for paying salary to employees, repayment of debt on resources consumed like electricity, heating, gas and water supply. Therefore, before registering a non-profit organization, we should carefully weigh the pros and cons.

If prohibitions on certain types of activity are revealed during operation, it may be necessary to reorganize. Such a process is better carried out with a competent specialist. After all, you need to know exactly how to register changes in a non-profit organization. Errors with such events usually lead to penalties, which can be easily avoided.

What is required to create a company

The primary task when registering the NGO is the collection of the necessary documents and the registration of the request to the Ministry of Justice. Errors at this stage can be associated with failures and the need to reverse. And these are additional expenses, because with each passing of documentation you have to re-pay the state fee.

The creation of a non-profit organization begins with the collection of the following papers:

Receipt about the payment of state duty.
Application on the approved sample form.
A package of constituent documentation (meeting protocol, statutory documents, information about all participants with their passport data).
Shopping paper on property transferred to the company.

All of the listed must. Based on this, the Ministry of Justice makes a decision, whether the company being created will be able to work within the framework of the current legislation or any items do not correspond to it. This means that it is necessary to communicate with specialists until the application for registration of NPOs is applied.

Step-by-step instructions for registration of NGOs

A competent approach to the preparation process allows you to meet as much as possible. The first thing to save time is the lack of errors. Second - work with model specimens of documents. Development from zero is carried out in rare cases, it is easier to use the ability to adapt standard options for specific conditions. The price in this case will be below.

The registration procedure of a non-profit organization takes place in the following order:

Preparation of constituent documentation.
Payment of state duty.
Document delivery to the registering authority.
Obtaining a certificate of production of the company for state accounting, together with the extract from the register.
Issuance of statistical codes.
Development of a print of a legal entity, stamps (as needed).
Opening the current account, receiving bank details.

It remains to notify extrabudgetary funds about the creation of a non-profit organization and start working. If you plan to share employees, you need to immediately take care of an experienced accountant (in the state or outsourcing).

Sizes of state duty

Before the documents for the creation of a non-profit organization are submitted, a fixed amount of state duty is paid. This payment to the state authorities for registration actions. Its size may vary depending on the year. So, in 2017, it was 4,000 rubles. The exception was political parties, regional units (for them the amount of duty 2000 rubles).

In a different way, registration of changes in non-profit organizations are paid. If you need to adjust the statutory documents, other actions that are required through the registrar, the payment is equal to 20% of the state duty paid at the time of registration actions.

When contacting specialists, it is worth raising the issue of payment for the registration of symbols of a non-profit organization. Any firm is recommended to have a recognizable brand, including the name, various logos. With this approach, the success of the work is higher, the goals prescribed in the statutory documents are achieved within the framework of the deadlines. The maximum recognition is necessary for the public company as well as businessmen.

What items are required in the charter

The following data is compiled:

Purpose and subject of activity. This section should be the most open, with explanations of special terms.
Information about the presence of branches and representative offices or their absence.
Location (actual and legal).
Procedure for managing activities (sole, collegial body, composition).
Source of property formation.

It remains to supplement the contents of the statutory documentation by the rules for conducting adjustments. The procedure for registering a non-profit organization involves the delivery of papers, as it is planned to work since the opening, but allows you to add activities to carry out other changes. Each case of adjustment should be carefully analyzed so that updated items meet the current legislation of the Russian Federation, including any innovations, prohibitions.

Where to contact to quickly register the company

When creating non-commercial organizations, the mass of the nuances occurs. The first questions are faced with the choice of organizational and legal form. Without a specialist with practical skills in the direction of registration actions, it is sometimes difficult to understand this.

Open NPOs in Moscow with professionals better because:

The maximum routine they will take over.
Prepare documentation without errors. The process is fully open, the customer can always intervene in it.
We will independently pass the paper to the registration authority.
Will receive a certificate of registration.
If necessary, help restore accounting in previously created firms.

Help when registering non-profit organizations and maintenance is very important. All legal entities are obliged to keep accounting. One is allowed to simplify the option, others have to lead a complete accounting. Accountant, lawyer working under an outsourcing agreement, allow you to receive services cheap compared to full-time employees. They are ready to register new firms (including the registration of a non-profit organization turnkey), to reorganize old or eliminate enterprises that have ceased to be necessary.

In Moscow, such a form of cooperation is also common because of servicing without holidays or hospital, characteristic of full-time workers. Due to this, it is easy to create several companies, to ensure accounting by the forces of one person. The cost is selected by the client, it depends on the volume transmitted to outsourcing. How much will the NPO registration cost in Moscow turnkey - you can find out after the audit. NPO registration will cost cheaply in Rigby.

How to register a non-commercial organization in the Ministry of Justice

Registration of a non-profit organization (NPO) has some features, since the Ministry of Justice of the Russian Federation is carried out simultaneously, and the FTS of the Russian Federation. In general, we recommend to learn from articles in the section "Registration of legal entities" on our website.

Our step-by-step instructions for registering a non-profit organization in 2018 - 2019 includes a description of the following steps:

NGO institution (determining the composition of the founders, the preparation of constituent documents and decisions or a protocol on the establishment).
Preparation of documents for registration of NGO of the Ministry of Justice of the Russian Federation or its territorial body, payment of state duty.
Documents of a non-profit organization for registration in the Ministry of Justice of the Russian Federation.
Obtaining a certificate of registration of NPOs and extracts from the register.

Focus on how to register NPOs, help:

the Law "On Non-Profit Organizations" of 01/12/1996 No. 7-FZ (hereinafter referred to as Law No. 7-FZ);
law "On State Registration ..." of 08.08.2001 No. 129-FZ;
Adm. The regulations for the provision of the Ministry of Justice of the Russian Federation are civil servants to make a decision on state registration ..., approved. Order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 455017 (hereinafter referred to as Regulation).

Institution and documents for state registration of NGOs

The procedure for the institution and the list of documents for registration of NGOs are determined in accordance with the type and elected organizational and legal form. You can read more about them in the article "Types and forms of non-profit organizations." The NPO form must correspond to one of the 6th 7 listed in paragraphs. 4 Civil Code and Ch. II (Article 6-11) of Law No. 7-FZ:

autonomous non-profit organization (ANO);
state corporation;
non-profit partnership, etc.

The main signs of NGOs are the lack of profit extraction as the main goal of the activities and the payment of income from the activities of participants. NGO registration goals are socially useful from among those listed in paragraph 2 of Art. 2 Law No. 7-FZ.

The composition of the documentation submitted for registration

In accordance with Art. 13.1 of Law No. 7-FZ for the State Registration of NGOs seems:

statement by f. P11001 (P12001 - in case of reorganization), indicating information about the founders, OKVED codes, addresses, manager (see more details in the article "Application for registration of a legal entity");
constituent documents (charter, founding contract);
decision on the creation;
a document confirming the payment of state duty;
documents on the consent of the copyright holder to use the name of a citizen, symbols protected by the legislation of the Russian Federation, the full name of another legal entity as part of its own name;
copies of constituent documents, an extract from the registry or other document confirming the status of the founder - a foreign person.

Decision on the establishment of NGOs

The decision on the institution can be expressed in different forms:

The protocol of the meeting of the founders, if the founders are somewhat. This is typical for corporate NGOs (consumer cooperatives, public organizations, etc., paragraph 3 of Art. 123.1 of the Civil Code of the Russian Federation). Thus, unitary NGOs (funds, religious organizations, etc.) can be created.
The sole solution of the founder (for example, the Fund).
The regulatory act (see as an example of the law of 23.11.2007 No. 270-ФЗ on the establishment of the state corporation "Rostech").

This document provides the main decisions taken by the establishment: on the establishment of NPOs, approval of the Charter, the formation of management bodies (for example, the head of the head, paragraph 4 of Article 123.21 of the Civil Code of the Russian Federation), etc. He is signed by the sole founder or chairman and secretary constituent assembly. In the latter case, their election is reflected in the protocol (1 issue of the agenda).

Constituent documents NGO

It is allowed to replace the statute for a provisional institution, the presence of a constituent agreement for non-profit partnerships and autonomous non-profit organizations (ANO).

The main provisions of the Charter of the NGO, as well as a sample of such a document, are given in the article "Charter of a non-profit organization - Sample 2018 - 2019". At the same time, the clauses of the Charter must comply with paragraph 3 of Art. 14 of Law No. 7-FZ and maintenance:

name indicating the nature of the activity and legal form (OPF);
location;
the subject and objectives of the activity (see the article "Features of the legal capacity of non-commercial organizations");
management procedure (structure, powers of organs);
membership conditions;
sources of the formation of property et al. (Property relations in NGOs are disclosed in detail in the articles "Authorized capital and property of a non-profit organization" and "Membership contributions to a non-commercial organization").

In addition, additional requirements of Law No. 7-FZ and Civil Code of the Russian Federation should be taken into account. So, in accordance with paragraph 2 of Art. 123.9 of the Civil Code of the Russian Federation The Charter of the Association (Union) should contain information about the property rights and responsibilities of its members.

The constituent contract defines the obligations of founders in terms of the creation of NPOs and the formation of its property, etc. The Ministry of Justice of the Russian Federation is determined by the legal expertise of the presented constituent documents for compliance with the legislation of the Russian Federation.

NKO Name Requirements

An indication of the OPF NAO is necessary if it does not have varieties (species), to such belong:

non-profit partnership;

If the OPF can exist in different kinds, it is necessary to specify a specific type of organization. This requirement is contained in paragraph 1 of Art. 54 of the Civil Code of the Russian Federation. So, in accordance with paragraph 2 of Art. 123.16-2 CI RF lawyer education can be created in the form of a board of lawyers, a law bureau or legal advice. Accordingly, the name of the specification of the OPF and is indicated in the constituent documents.

In accordance with Art. 4 of Law No. 7-FZ NGO Namination should also indicate the nature of its activities. The nature implies the general designation of its subject. For example, sports organizations indicate the name of the corresponding sport.

According to para. 1 tbsp. 28 of the Law "On Social Associations" of 05/19/1995 No. 82-FZ (hereinafter - Law No. 82-FZ) in the title of public association should be indicated on the territorial scope of its activities (as a rule, in the form of adjectives: "All-Russian ...", " Samara Regional ... "or" Vladimir Regional ... "," Ulyanovsky City ... ", etc.).

"Arbitrary" part of the name is the name of the NGO, which is formulated at the discretion of the founders under the general rules for legal entities with the limitations established by paragraph 1 of Art. 54 of the Civil Code of the Russian Federation.

List of founders NGO

The founders of the NGOs must be specified in the P11001 statement (sheets A-D). In this capacity, fully capable citizens and legal entities may be (paragraph 1 of Art. 15 of Law No. 7-FZ).

Law No. 7-FZ established restrictions on the possibility of establishing the NK. So, may not be founders:

foreign citizens in respect of which the decision was made on the undesirable stay in the Russian Federation;
persons included in the lists in accordance with the law "On Countering Legalization ..." of 07.08.2001 No. 115-FZ, etc. (Article 15 of Law No. 7-FZ).

The minimum number of founders is determined by the standards for the NGO of the corresponding OPF or type. Thus, the number of founders of the public organization must be at least 3 (Article 123.5 of the Civil Code of the Russian Federation), associations (union) - at least 2 (Article 123.9 of the Civil Code of the Russian Federation), the institution is created solely by its owner (Article 123.21 of the Civil Code of the Russian Federation), the number of founders The Foundation is not regulated by the Civil Code of the Russian Federation nor the law No. 7-FZ.

In the ground, the territorial units of the Ministry of Justice of the Russian Federation often propose to submit a list of founders on a separate sheet with a passport data (for individuals) or registration information (by legal entities).

Features of the status and registration of the autonomous non-profit organization (ANO)

When preparing for registration, the following features should be taken into account:

The limitations in the number of founders are absent both in law No. 7-FZ and in the Civil Code of the Russian Federation. Accordingly, at least 1 founder (paragraph 1 of Article 123.24 of the Civil Code of the Russian Federation). Information about him is made to the register. If the founder is the only one, he decides on the establishment of ANO, with a greater number of a meeting is held and its protocol is being prepared.
This OPF is unitary and membership does not provide, but the founders maintain their status throughout the entire existence of ANO and implement it (clause 1 of Article 123.25 of the Civil Code of the Russian Federation). The composition of the founders can be changed at any stage of the existence of ANO (PP. 1, 6, Article 123.24 of the Civil Code of the Russian Federation).
The constituent document of ANO is the charter. It should be listed by the name of ANO, the directions of work, the procedure for education and competence of the bodies, etc. (paragraph 2 of Art. 123.24 of the Civil Code of the Russian Federation).
The highest administration authority is the meeting of the founders. Mandatory formation of a sole executive body. In addition, a collegial executive body may be formed (art. 123.25 of the Civil Code of the Russian Federation).

Other nuances of this OPF can be found from the article "Autonomous Non-Profit Organization - Features". Registration of ANO is carried out by the Ministry of Justice for no more than 17 business days (paragraph 22 of the Regulations).

Features of the status and registration of a public non-commercial organization

The creation and activities of the public organization are settled by laws No. 7-FZ and 82-FZ. Features of this OPF:

The minimum number of founders - 3 (Article 123.5 of the Civil Code of the Russian Federation).
A public organization is a corporate OPF, in contrast to Ano and a religious organization that have consonant names. It leads lists of members (participants), each of which has rights and obligations, as provided by law (Article 123.6 of the Civil Code of the Russian Federation), and enshrined in the Charter.
The highest body of the Corporation is the meeting of participants (Art. 65.3 of the Civil Code of the Russian Federation). In addition, the sole executive body is necessarily formed (Art. 8 of Law No. 82-FZ). It is also possible to create a collegial executive body.

When registering a public organization, the registration period of the Ministry of Justice (excluding registration time in the incorporation) is not more than 33 days (paragraph 22 of the Regulations).

Actions of the territorial body of the Ministry of Justice of the Russian Federation upon application

The total period of registration of NGOs is longer due to the fact that the decision on registration is made by the Ministry of Justice of the Russian Federation or its territorial authority after the legal expertise of the submitted documents. The movement of documents according to the rules is as follows.

So, for state registration, NGOs must be submitted to the statement and documents (foundations, the decision on the creation, etc.) into the territorial body of the Ministry of Justice of the Russian Federation. After the legal expertise, a decision is made on registration and documents are transferred to the FTS of the Russian Federation to make information in the register. After the return of documents to the Ministry of Justice of the Russian Federation and departmental registration, the documents are issued to the applicant.

1. Registration of non-profit organizations in Russia: What institutional and legal forms can be registered?

Registration of non-profit organizations in Russia: What institutional and legal forms can be registered?

On the territory of the Russian Federation, such non-profit organizations are being created as:

associations (alliances);
religious and public organizations;
funds;
institutions;
partnerships;
cooperatives.

Organizational and legal forms of legal entities are consolidated by the Civil Code of the Russian Federation.

2. What is the procedure for state registration of non-commercial organizations?

The procedure for creating such an organization includes:

the choice of names, activities, location, the formation of managers of legal entities;
preparation of a set of documents for state registration of NGOs. Their list is specified depending on the organizational and legal form and includes the charter, the protocol or decision of the founders, the statement, and so on;
appeal to the Ministry of Justice;
conduct documentary verification. According to the results of the examination, the decision is made to register NPOs or, when errors are detected, refuse it;
make information about the registration of NGOs to the register;
formulation of a new legal entity for accounting in extrabudgetary funds and statistical bodies;
issued to the applicant ready documents.

Not all entrepreneurs have the ultimate goal of activity - profit. There is also social entrepreneurship engaged in phenomena that are not related to purchase and sale. In order for such an organization to receive the status of a legal entity, it is necessary to correctly define its organizational and legal form, and the most acceptable option will be a non-profit organization.

Today, the activities of non-profit structures are regulated in a fairly detailed state. Before registering NPOs, founders should make sure that their goals and tasks do not contradict the requirements established by the state.

We define the features of the functioning of NGOs and the conditions substantiated by law for their existence. After that, it will be possible to step by step to carry out the way of state registration of this form of the Jurlitz.

What is NKO

NGO Deciphered as a "non-profit organization". This means that its primary task is not material earnings and its distribution between the founders, although the law does not prohibit commerce to achieve planned goals. NAO distinguishes them from commercial structures the main goal - Achieving one or another public good.

To tasks of NGO Questions may include:

social character;
charity;
cultural sphere;
nature;
health care;
learning and scientific activity;
sports industry;
spiritual needs of people;
protection of interests and rights of different categories of the population, including legal;
mediation in conflicts.

FOR YOUR INFORMATION! The state regulates the activities of NGOs in the Federal Law No. 7-FZ of January 12, 1996 "On non-commercial organizations".

Signatures of NGOs:

profit is not the goal of the activities of Jurlitsa;
funds are not distributed between the founders;
the scope of activity formulated in the charter refers to the field of social protection, culture, sports science and other public goods.

Nuhans functioning NGO

NGOs differs from commercial structures not only by its "non-monetary" focus, but also subordination - their registration is visited by the Ministry of Justice, and not tax inspectorates. And it is much more demanding and harsh with regard to consideration of applications and regulations.

The non-profit organization is considered to be created as soon as it has passed the procedure of state registration. From now on, it has the right to function indefinitely, unless otherwise assumes its constituent documentation.
Legal entities-NGOs can be engaged in both one and several types of activities from regulated, which should be reflected in the Charter.
Although this type of legal entity does not apply to commerce, but they also need finance for good deeds, therefore NAOs should have its own capital, compiled.
Some varieties of NPO activities require a license.
This kind of organization, unfortunately, may be carried out, against the possibility of which the state has developed a number of precautions. These measures are directed primarily on the transparency of NGO cash flows, since unscrupulous investors can use them.

NOTE! If a similar organization decides to create a foreign structure, the state should test it on a possible threat to national security and the Constitution of the Russian Federation: so the "Law on Foreign Agents" from June 18, 2016 No. 121-FZ and the "Law on Unwanted Organizations Register" of May 23, 2015 year No. 129-FZ.

Varieties of non-profit organizations

The Ministry of Justice of the Russian Federation shares non-profit structures for 4 main groups:

Public associations - Voluntary consolidation of citizens (at least 3 people or legal entities) on the basis of common goals, interests and needs.
Political parties- Associations that make the goal to take part in the implementation of power in the state through their authorized representatives.
Religious organizations -the same as public associations, but with other declared goals - preaching. Education in the relevant spirit, joint rites. To this end, at least 10 people united by geographically can create NGOs. For such organizations, the state provides tax breaks.
Other NGOs:
- funds - organizations collecting and distributing voluntary transmitted funds for certain purposes;
- cooperatives are associations designed to solve the needs of their members in products and services at the expense of voluntary contributions to the pays;
- Ano - autonomous non-profit organizations (their founders are not entitled to the property of legal entities and are not responsible for its obligations);
- institutions - the owner (physical, legal entity, the subject of the Russian Federation or the Federation itself) finances the organization and manages its property completely or in some part;
- partnerships, Unions, Associations and other organizational and legal forms (OPF).

The main difficulty in registration of NGOs is just in determining the scope of activity. When choosing an OPF, it is necessary to take into account many important points relative:

regulation of relations between participants and founders;
mutual responsibility;
property property NPOs;
opportunities and rules of entrepreneurial activities;
the need to obtain a license;
subordination with the federal laws of the first order (for example, a private educational institution should not contradict the law on education).

IMPORTANT! At the registration stage, it is necessary very seriously referring to the choice of OPF, since re-registration can do it more expensive in finance and time than the registration of the optimal form of NPO activities.

How to name NKO

The law obliges to call NPOs with the help of two components:

own name;
directions on its OPF.

For example: Consumer Society "Hydro-Builder", Charitable Foundation "Saving Hearts", the Religious Organization "Seventh-Day Adventists" and others. Incorrect wording can serve poor service when registering.

If in the process of functioning, it is decided to rename NPOs or change its OPF, it will be necessary to register these changes in state order. This is a rather laborious process providing for changes to all constituent documents, the destruction of the press and the manufacture of new, notification of all counterparties, bank, statistical bodies, social funds.

BE CAREFUL! Formulating the NGO name, check if the organization with such a name is not registered - it will also be the basis for refusal.

Since the NGO title needs to clearly prescribe the type of activity, coincidences are excluded with the names of commercial organizations.

After registration, NAO will have an exceptional right to apply the name.

Who is entitled and not entitled to become a participant NPO

The law allows us to establish NPOs to individuals and legal entities, citizens of the Russian Federation and foreigners, as well as stateless persons. The founder may be one (except for the forms of associations, partnerships, unions), or they can be as much as you like, the number of law does not limit.

It is forbidden to become founders or participants, members of the NGO to such categories of legal or individuals:

foreign Persons Non Grata;
persons from the list of countering the financing of terrorism or money laundering (paragraph 2. Art. 6 of FZ No. 134);
associations whose activities were suspended on the basis of countering extremism;
persons convicted of signs of extremist activities;
incapable citizens.

All about registration NPO

Before preparing preparations for this procedure, it is worth carefully learning all the requirements of the state to formulate the charter and the list of necessary documentation. In contrast to the registration of commercial organizations, the NKO more close attention of the powers in the face of the Ministry of Justice was chained. Any inaccuracy can be a reason for refusing to register, and therefore everyone will have to start from scratch, while even the state duty will not be returned.

FOR YOUR INFORMATION! Many founders prefer to apply to specialized law companies, trusting them with a complex and responsible procedure for registering NPOs. If it is decided to do it yourself, each stage should be carefully monitored.

Step 1. Preparation of statutory documentation

Before registering a non-profit association, it first needs to be formally created. For this purpose, the founders are collected at the general meeting and formulate and accept the charter. This can make the only founder independently. The decision on the creation is issued by the Meeting Protocol. It is necessary to comply with the requirements for the Charter prescribed in the legislation, which indicate the mandatory presence of such data in it:

full NGO name;
the nature of the activity and the OPF (it is necessary to specify all types of activities that the organization is going to engage);
legal address of the organization;
goal and tasks;
features of management policies;
rights and obligations of founders and members;
data on representations and branches (if any);
rules for admission and exit from the association;
features of the change in constituent documentation;
regulation of NGO property issues.

Step 2. Drawing up an application for registration

The application must be drawn up in the form of the pH0001. The form must necessarily be correctly indicated:

personal data of the applicant;
its contact details;
place of residence.

To submit this application should notarize.

Step 3. Payment of state duty for registration

Recently, the sizes of this duty were changed by the Ministry of Justice on the basis of amending the federal legislation. The current amounts of duties should be specified in paragraph 25.3 of part of the second current edition of the Tax Code of the Russian Federation.

Listing these funds can be in any branch of the bank to carry out non-cash payments. Details should be found in the Ministry of Justice of the Russian Federation (on its official website). The receipt of the payment must be copied and when submitting documents to make both copies.

IMPORTANT! Consider the payment and in the receipt must exclusively the applicant.

Step 4. Collecting Package Documents

For subsequent filing to the registering authority, it is necessary to prepare the following set of necessary papers:

constituent documentation - the charter, a constituent agreement in 3 copies;
the decision to create an NGO - the protocol of the meeting of the founders or the sole solution (if the founder is one), 2 copies will be required;
passport details of the founders - 2 pcs;
data on the territorial affiliation of the organization confirmed by the lease agreement, the guarantee letter, certificate of ownership of real estate, etc.;
receipt confirming the payment of state duty (original and copy);
a certified statement of state registration of NGOs (in the form of the pH0001) is 2 copies, both with its own signature of the same person whose data is indicated in the receipt of state duty.

FOR YOUR INFORMATION! Some forms of NGOs will require additional documents, for example, if copywrites are used in the title, it is necessary to provide the confirmation of the copyright. And the foreign organizer will have to prevent an extract from the register of his state about his legal status. Therefore, when preparing, it should be clarified to clarify the list of necessary documentation in the registering authority: no documents are required over the minister of listed the Ministry of Justice.

Step 5. Applied to the registering authority

This step should be made no later than 90 days after the first step. That is, the dates on the minutes of solving the general meeting on the creation of NPOs. Overdue registration protocols are not accepted.

The package of documents should be submitted to the territorial body of the Ministry of Justice of the Russian Federation in person or postal departure with the description of investments. It is permissible to entrust this case by a law firm specializing in state registration.

Step 6. Waiting for the decision

The deadlines for consideration of the statement of the Ministry of Justice differ from the similar registration of commercial associations. The usual term of consideration for the majority of NGO forms is 2 weeks. However, the decision to register political parties is 30 days, and for religious organizations can stretch for six months, if religious examination is required.

Step 7. Placement on Tax Accounting

If the decision on registration is a positive, newly minted NGO federal tax service is made to the register. This will require a period of about 7 working days. After making the necessary information, the FTS sends information on the completion of the registration to the appropriate territorial body of the Ministry of Justice.

Step 8. Obtaining a certificate

Within 3 days after receiving confirmation from the FTS, the Ministry of Justice is obliged to issue a document on the passage of state registration containing:

nGO name;
legal address of the association;
individual state registration number.

The issuance of this paper means that from that moment on, the NPO is officially recognized as existing.

Possible reasons for refusal to register NPO

Submitted documents in some part contradict the Constitution and / or the legislation of the Russian Federation.
The applicant's person has no right to be the founder of NGOs in accordance with the Federal Law "On Commercial Organizations".
The organization with such name has already been registered.
The name given by NGO is offensive for moral, national, religious feelings.
Incomplete package of documents.
Documents drawn up with violation of legislative requirements.
Invalid information in the provided documentation.

By eliminating the reason, it is possible to submit documents, it will be necessary to once again pay the state duty or appeal against the decision to refuse registration in the higher authority or in court.