Charter of a non-profit organization private enterprise. Sample charter of an autonomous non-profit organization

1. GENERAL PROVISIONS

1.1. Autonomous non-profit organization "", hereinafter referred to as ANO, is recognized as a non-profit organization that does not have membership, established by citizens and (or) legal entities on the basis of voluntary property contributions in accordance with the law Russian Federation to achieve the goals and solve the tasks provided for by the charter.

1.2. Full name of the Autonomous Non-Profit Organization in Russian: Autonomous Non-Profit Organization "", abbreviated name in Russian: ANO "", full name in language: "", abbreviated name in language: "".

1.3. ANO has the right, in accordance with the established procedure, to open settlement, currency and other bank accounts on the territory of the Russian Federation and abroad.

1.4. Location of ANO: .

1.5. ANO is considered created as a legal entity from the moment of its state registration in the established federal laws ok.

1.6. An autonomous non-profit organization is created without a time limit.

1.7. An autonomous non-profit organization can be a plaintiff and a defendant in courts of general jurisdiction, arbitration and arbitration courts, on its own behalf acquire and exercise property and non-property rights in accordance with the goals of the autonomous non-profit organization's activities, provided for by the charter of the autonomous non-profit organization, and bears the responsibilities associated with these activities.

1.8. ANO has a round seal with the full name of ANO in Russian, stamps and forms with its name.

1.9. The requirements of the ANO charter are mandatory for all bodies of the ANO and its founders.

1.10. ANO is not responsible for the obligations of its founders. The founders of the ANO are not liable for the obligations of the ANO. The ANO is not liable for the obligations of the state and its bodies, and the state and its bodies are not liable for the obligations of the ANO.

1.11. ANO is liable for its obligations with its property, which, according to the legislation of the Russian Federation, can be foreclosed on.

2. PURPOSE, SUBJECT, TYPES OF ACTIVITY

2.1. The purpose of creating the ANO is to provide services in the field of education (health, culture, science, law, physical education and sports and other services).

2.2. The subject of the ANO's activities is: .

2.3. An autonomous non-profit organization can carry out one type of activity (or several types of activity):. The legislation of the Russian Federation may establish restrictions on the types of activities that an autonomous non-profit organization has the right to engage in.

2.4. Certain types of activities can be carried out by ANO only on the basis of special permits (licenses). The list of these types of activities is determined by law.

2.5. An autonomous non-profit organization can carry out entrepreneurial activities only insofar as it serves the achievement of the goals for which it was created. Such activities include the profit-generating production of goods and services that meet the goals of creating an autonomous non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as an investor.

2.6. An autonomous non-profit organization can create a business company to carry out entrepreneurial activities or participate in such a company. The legislation of the Russian Federation may establish restrictions on the entrepreneurial activities of autonomous non-profit organizations.

2.7. In order to achieve its goal, the ANO can create other non-profit organizations and join associations and unions.

2.8. Interference in the economic and other activities of an autonomous non-profit organization by government and other organizations is not permitted unless it is conditioned by their right to exercise control over the activities of the autonomous non-profit organization.

3. PROCEDURE FOR MANAGEMENT OF ANO ACTIVITIES. CONTROLS

3.1. The highest governing body of the ANO is the general meeting of the founders of the ANO. The current management of the activities of the ANO is carried out by the board, which is accountable to the general meeting.

3.2. The main function of the general meeting of founders is to ensure that the ANO adheres to the goals for which it was created.

3.3. The exclusive competence of the general meeting of founders includes resolving the following issues:

1. changing the charter of the autonomous non-profit organization;
2. determination of priority areas of activity of the autonomous non-profit organization, principles of formation and use of its property;
3. formation of the board and early termination of its powers;
4. reorganization and liquidation of ANO;

3.4. The general meeting of founders meets as needed. The convening and work of the general meeting is organized by the board in the manner established by the regulations on the general meeting of the founders of the ANO.

3.5. The norm of representation from each founder of an autonomous non-profit organization is a person.

3.7. The general meeting of the founders of an autonomous non-profit organization is valid if more than half of its founders are present (represented) at the said meeting.

3.8. The decision of the general meeting is made by a majority vote of the founders present at the meeting.

3.9. The decision of the general meeting on issues within the competence of the general meeting of founders is adopted unanimously.

3.10. Minutes are kept at general meetings of founders.

4. BOARD, CHAIRMAN OF THE BOARD

4.1. The board of the ANO is elected by the General Meeting of founders for a period of one year (years) in a number of at least people. The board is located at the location of the ANO.

4.2. The board of the ANO may be re-elected for a new term upon expiration of its term of office.

4.3. The issue of early termination of the powers of the founder of the board may be raised at the General Meeting of Founders at the request of at least the founders of the ANO.

4.4. The competence of the board includes:

1. organization and control of the work of the Autonomous Non-Profit Organization;
2. ensuring the implementation of decisions of the General Meeting of Founders;
3. regularly informing the founders of the ANO about the activities of the ANO;
4. approval of the annual report and annual balance sheet;
5. approval of the financial plan of the ANO and amendments to it;
6. creation of branches and opening of representative offices of autonomous non-profit organizations;
7. participation in other organizations;
8. statement internal regulations and ANO regulations;
9. review and approval of the ANO cost estimate;
10. disposal of ANO property;
11. approval of the staffing table;
12. preparation of issues for discussion at the General Meeting of ANO founders.

4.5. The work of the board is organized by the chairman of the board on the basis of regulations on the activities of the board, approved by the general meeting. Minutes are kept at board meetings.

4.6. Meetings of the board are held as necessary, but at least once a quarter, and are considered valid with the participation of the majority of the founders of the board.

4.8. The Chairman of the Board is elected at a meeting of the Board from among its founders for a term of one year(s).

4.9. Chairman of the Board:

• accountable to the General Meeting, responsible for the state of affairs of the ANO;
• without a power of attorney, acts on behalf of the ANO, represents it in all institutions, organizations and enterprises, both in the Russian Federation and abroad;
• makes decisions and issues orders on the activities of the autonomous non-profit organization;
• manages the funds of the ANO within the budget approved by the board, enters into contracts, carries out other legal actions on behalf of the ANO, acquires property and manages it, opens and closes bank accounts;
• resolves issues of economic and financial activities ANO;
• hires and fires ANO employees, approves them job responsibilities in accordance with the staffing schedule approved by the board;
• exercises control over the activities of branches and representative offices of the autonomous non-profit organization;
• bears responsibility, within its competence, for the use of funds and property of the autonomous non-profit organization in accordance with its statutory purposes;
• organizes preparation and holding of board meetings;
• organizes accounting and reporting;
• resolves all issues that do not fall within the competence of the general meeting of the founders of the ANO and the board of the ANO.

5. DOCUMENTATION. CONTROL OF ANO ACTIVITIES

5.1. ANO maintains accounting records and statistical reporting in the manner prescribed by the legislation of the Russian Federation.

5.2. ANO provides information about its activities to state statistics bodies and tax authorities, founders of ANO and other persons in accordance with the legislation of the Russian Federation.

5.3. Responsibility for organization, condition and reliability accounting to the ANO, timely submission of the annual report and other financial statements to the relevant authorities, as well as information on the activities of the ANO submitted to the founders of the ANO, creditors and funds mass media, bears the board.

5.4. ANO stores the following documents:

• agreement on the creation of an autonomous non-profit organization;
• charter of the autonomous non-profit organization, changes and additions made to the charter of the autonomous non-profit organization, registered in the prescribed manner, decision on the creation of the autonomous non-profit organization, document on state registration of the autonomous non-profit organization;
• documents confirming the rights of the ANO to the property on its balance sheet;
• ANO internal documents;
• regulations on the branch or representative office of the autonomous non-profit organization;
• annual reports;
• accounting documents;
• accounting documents;
• minutes of general meetings, meetings of the board, audit commission (auditor) of the ANO;
• conclusions of the audit commission (auditor) of the autonomous non-profit organization, the auditor of the autonomous non-profit organization, state and municipal financial control bodies;
• other documents provided for by federal legislation;
• other documents provided for by the internal documents of the ANO, decisions of the general meeting, the board of the ANO, as well as documents provided for legal acts Russian Federation.

5.5. To exercise control over the financial and economic activities of the ANO, the general meeting elects an audit commission consisting of the founders for a period of one year (or years, or years). The retirement of individual founders of the audit commission, as well as the election of its new founders, is not a basis for shortening or extending the term of activity of the entire audit commission. To organize the work of the audit commission, its chairman is elected. The ANO has the right to elect only one auditor instead of the audit commission.

5.6. The competence of the audit commission (auditor) of the ANO includes the following powers:

• inspection (audit) of the financial and economic activities of the ANO based on the results of the year’s activities, as well as at any time on the initiative of the audit commission (auditor), by decision of the general meeting or at the request of the founder of the ANO;
• requesting documents on financial and economic activities from the management bodies of the autonomous non-profit organization;
• convening a general meeting;
• drawing up a conclusion based on the results of the audit of financial and economic activities, which should contain:
  • confirmation of the reliability of the data contained in the reports and other financial documents of the ANO;
  • information about facts of violation of the procedure for maintaining accounting records and submitting financial statements established by legal acts of the Russian Federation, as well as legal acts of the Russian Federation when carrying out financial and economic activities;

5.7. The procedure for the activities of the audit commission (or auditor) is determined by an internal document - regulations (regulations, etc.), approved by the general meeting.

5.8. By decision of the general meeting, the founders of the audit commission (auditor) of the ANO, during the period of performance of their duties, are (not) paid remuneration and (or) (are not) compensated for expenses associated with the performance of their duties. The amounts of such remuneration and compensation are established by the decision of the general meetings.

5.9. To audit the financial and economic activities of the ANO, the general meeting of founders appoints an auditor of the ANO.

5.10. The auditor carries out an audit of the financial and economic activities of the ANO in accordance with the legal acts of the Russian Federation on the basis of an agreement concluded between the ANO and the Auditor. The amount of payment for the Auditor's services is determined by the general meeting.

6. ANO PROPERTY

6.1. The property transferred to the ANO by its founders (founder) is the property of the ANO.

6.2. The founders of the ANO do not retain rights to the property transferred by them to the ownership of the ANO.

6.3. ANO may own or have operational management of buildings, structures, housing stock, equipment, inventory, cash in rubles and foreign currency, securities and other property.

6.4. The profit received by the ANO is not subject to distribution among the founders of the ANO.

6.5. The legislation of the Russian Federation may establish restrictions on the implementation of donations by ANO political parties, their regional branches, as well as to election funds and referendum funds.

7. REORGANIZATION AND LIQUIDATION

7.1. An autonomous non-profit organization may be voluntarily reorganized in the manner provided for in Article 16 of the Federal Law “On Not commercial organizations" Other grounds and procedures for the reorganization of ANO are determined by Articles 57 – 60 of the Civil Code of the Russian Federation and other federal laws.

7.2. ANO has the right to transform itself into a fund. The decision to transform the ANO is made by the founders.

7.3. An autonomous non-profit organization can be liquidated voluntarily in the manner established by Articles 61–64 of the Civil Code of the Russian Federation, taking into account the requirements of Articles 18–21 of the Federal Law “On Non-Profit Organizations”.

7.4. An autonomous non-profit organization can be liquidated by a court decision on the grounds provided for in part 2 of paragraph 2 of article 61 of the Civil Code of the Russian Federation.

7.5. From the moment the liquidation commission is appointed, the powers to manage the affairs of the ANO are transferred to it. The board and other bodies cease their activities.

7.6. In the absence of a legal successor, documents of permanent storage that have scientific and historical significance are transferred for state storage to the archives of the association ""; documents on personnel (orders, personal files, personal accounts, etc.) are transferred for storage to the archive on whose territory the ANO is located. The transfer and organization of documents is carried out by and at the expense of the ANO in accordance with the requirements of archival authorities.

7.7. When an ANO is liquidated, the property remaining after satisfying the creditors' claims, unless otherwise established by the Federal Law "On Non-Profit Organizations" and other federal laws, is directed to the purposes for which it was created and (or) to charitable purposes in the manner determined by the general meeting ANO.

7.8. If it is not possible to use the property of a liquidated non-profit organization in accordance with its constituent documents, it turns into state income.

Please note that the charters have been drawn up and reviewed by lawyers and are approximate; they can be modified to take into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

The reason for refusal to register a non-profit organization is often errors in the charter. How to correctly develop it, taking into account the characteristics of certain types of organizations. How to correctly make, approve and register changes, if necessary.

Read our article:

Legal entities in the Russian Federation act on the basis of the charter (), including this applies to non-profit organizations. Legal status non-profit organizations and the content of their constituent documents are determined by the federal laws "" and "".

Charter of a non-profit organization (NPO): how to develop and where to get a sample in 2018

A well-drafted charter clearly defines the scope and indicates what and how should be done in situations arising in connection with the management of the NPO or its functioning. Nonprofit organizations are especially interested in creating a high-quality document, since their work has many individual nuances.

The charter must stipulate:

• Name;
• form;
• purpose of activity (statutory purpose);
• activities;
• symbols of the organization;
• procedure for the formation of property;
• management and decision-making procedures;
• procedure for becoming a member (if membership is provided);
• rights and obligations of participants;
• the opportunity to conduct business activities;
• reorganization procedure;
• procedure for making changes;
• grounds and procedure for liquidation;
• the fate of the funds remaining after the liquidation of the NPO.

A non-profit organization has the right to include other aspects in its charter, but they should not conflict with the norms of the law.

Where to look at the standard charter of an NPO

Best to use standard forms statutes provided to non-profit organizations by the Ministry of Justice. Institutions that support the activities of public associations and non-profit organizations can also help. In this case, there is a guarantee that the model charter is drawn up correctly, taking into account all the latest changes in legislation.

If the model charter is taken from another source, then you need to carefully check the content and correlate it with the current version of the relevant laws.

What to consider when developing

When developing the charter of a non-profit organization, it is necessary to follow a logical structure. With it, the content is better perceived, and it will be more convenient to use such a document.

An unsuccessful option would be one in which important norms about the activities of an organization are not collected in a specific thematic section, but are dispersed across several others. For example, articles on reorganization, liquidation, and the audit body are sometimes placed in sections on the formation of property and management of non-profit organizations, and not in separate blocks.

Continuous numbering of all pages greatly facilitates working with the document. In addition, when submitting the charter of an NPO for registration to the Ministry of Justice, two out of three copies must be:

• stitched and numbered
• signed on the back of the last page.

Availability of a separate title page is not a requirement.

What difficulties may arise

When developing a charter, a non-profit organization sometimes encounters unexpected difficulties, for example:

• when choosing a name. It should succinctly and concisely reflect the essence of the activity, the organizational and legal form and territoriality (for public associations and organizations). It should be taken into account that only commercial legal entities have the right to a company name. The presence of a company name in the charter of an NPO may serve as grounds for refusal of registration. The use of the words “Russia” and “Russian Federation” in the name must comply with special requirements (Article 4 of the Law “On Non-Profit Organizations”);
• when formulating goals and activities. It is important not to narrow the scope by limiting the organization’s rights in advance, but also not to blur them, so as not to go beyond the powers of the non-profit organization.

To avoid mistakes, you can consult territorial administration Ministry of Justice, where specialists will be able to provide the necessary clarifications before submitting the document for registration.

What features of the charter should be taken into account for certain types of organizations

For the constituent documents of certain types of organizations, due to the peculiarities of their activities, special requirements are provided:

1. The name of the fund must include the word “fund”, and information about the board of trustees must be included in the section on its governing bodies.
2. State or budgetary institutions must necessarily include in the charter an indication of the owner of the property, as well as secure an exhaustive list of types of activities that they have the right to engage in.
3. Non-profit partnerships and associations must contain articles on the procedure for making decisions by management bodies (unanimously or by a qualified majority), on the fate of the property remaining after the liquidation of the organization.
4. Membership-based organizations must establish in their bylaws a procedure for admitting and expelling NPO members.
5. Educational organizations, for example, autonomous non-profit ones, must provide information about the founders or owner of the property.

Who approves and registers the charter

NPO Charter:

• approved by its founders, about which a corresponding note is made in the charter itself;
• submitted along with other documents for registration to the territorial office of the Ministry of Justice.

After making a positive decision on registration, a specialist from the Ministry of Justice will send documents to the tax office to enter information about the legal entity into the Unified State Register of Legal Entities. After the necessary entry is made in the Unified State Register of Legal Entities, the Ministry of Justice issues a certificate of state registration of the NPO.

When making changes to the charter of an NPO, follow the procedure

The need to amend the charter is a common occurrence in the work of NPOs; it can arise due to various reasons. Among them:

• next edition of the legislation;
• change of name;
• clarification of the statutory purpose;
• changes in territoriality, types of activities, procedures for admission and exclusion from membership;
• the need to make other changes, the urgency of which has been revealed by practice.

Therefore, it is important for a non-profit organization to initially specify in the charter the possibility and procedure for making changes to it. This is especially true for organizations - foundations. If this is not done, then it will be possible to obtain the right to adjust the charter only on the basis of a court decision.

The procedure for amending the charter is similar to the initial registration of the constituent documents of a non-profit organization. The following must be submitted to the local branch of the Ministry of Justice for registration of changes:

• decision of the governing body of the NPO to amend the charter;
• application for registration of changes;
• text of the amendments being made;
• a receipt indicating payment of the state duty.

The requirements for the technical design of amendments are the same as for the design of the charter itself.

In order for the registration of a new company to be successful, it is necessary to correctly prepare the documentation for the registration procedure with the government agency, while paying special attention to the charter. This document must be included in the package of papers submitted to the Federal Tax Service for opening a legal entity. Inaccuracies in the drafting of the charter lead to a refusal to assign legal status to the organization, and subsequently bring chaos to the company’s activities. In the article we will provide a sample charter of an NPO and show how the title page and the entire document are drawn up.

Features of the NPO charter

The charter is a document of a constituent type, which is drawn up at the stages of formation of any organization, regardless of its form. For non-profit partnership, public organization and the fund's charter is the basis of the constituent package. If an association or union is created, then a shareholders' agreement is included in the mandatory documents.

The charter of an NPO includes a huge amount of information:

• Formation obligations;
• A list of mutual work on the formation of an enterprise; it is very important to enter data on the procedure for electing and approving governing bodies, while each form of organization has its own list;
• Conditions for the transfer of property - it is important to indicate the sources of its origin and options for exploitation after liquidation;
• Conditions for participation in the organization’s work process;
• Conditions and procedure for exit/entry of members - if the organization was created through membership, their rights and obligations, exclusion rules should be indicated.
• Next, the charter includes the subject and goals, and it is important to display a complete list of activities that will be carried out, this also applies to entrepreneurship that NPOs are allowed to engage in, if it is justified;
• Legal address - it is important to indicate the location of the organization being created with reference to branches, offices and representative offices.

How to draw up an NPO charter

The charter of a non-profit organization should be created in compliance with all the dogmas of the legislation of the Russian Federation, while relying on the experience of creating similar documentation for these organizations. The generalized version of the charter must be improved with additional clauses, depending on the scope of the NPO, since today the legislation regarding these formations is undergoing significant changes.

When drawing up the charter, it is important to take into account the requirements specified in paragraph 41 of the Administrative Regulations.

The following rules of this regulation must be taken into account:

• The pages of all copies are numbered;
• The charter is drawn up in three copies;
• Two of them, before being submitted for registration, are stitched and reserved personally by the compiler at the site of the last page.

Title page design option

The title page is not required, but if it is formed, then in the following version:

• The word “Charter” is written on it;
• Full name of the non-profit company in the genitive case;
• Information on approval of the statutory document;
• Year of its approval;
• Also, the first sheet may contain other information and notes required by law, for example, on the approval of the document.

Structure and content of the charter

After creating the title page, it becomes necessary to formulate the internal content of the charter of a non-profit entity. Proper structuring of the charter and creation of links greatly facilitates the use of the document. At the same time, structure statutory document follows in a descending line:

The article should also be clearly structured:

• Divided into parts numbered with an Arabic numeral with a dot;
• Each part of the article contains, in turn, points indicated by an Arabic numeral with a bracket;
• Further there may be subparagraphs with designations in the form of Russian letters with a bracket. Points and sub-points are divided into paragraphs, no more than 5 are recommended.

If numbering is used in the structural elements of the charter, it should go through the entire document; partial use is undesirable.

The charter sometimes has an annex containing symbols, images and descriptions of the NPO. If there are several applications, numbering is used in Arabic numerals without the No sign, the name is written in the center.

Charter of an NPO with one founder

Creating an enterprise by one founder is not only possible, but is also the most common practice. The formation of the charter in this case is an integral part of the process, as the only constituent document. In principle, it is no different from general order, the only thing is that instead of the Protocol, a Decision is made on creation in the person of a single founder, and the authorized capital also belongs to him.

The participant must contribute the required amount to the authorized capital before the end of the year, and has the right to reduce the capital, assign or sell his 100% share to third parties.

The meeting is held with the participation of all founders, in this case represented by one person. The Regulations of the document state that the transfer of a share to someone, the procedure for distributing income and the conditions for the exit of a member do not apply until their number increases beyond one.

Features of the charter for a sports club

Features of the formation of the charter of a sports organization depend on its type:

• International federations, the basis of which is the international model of the charter, which does not quite fit in with the norms of Russian legislation;
• Olympic committees – there are national and international. Everyone is represented in the OKR national organizations: federations, unions, associations with membership in it. The ROC Charter states that legal entities and public associations, that is, all those individuals who follow the goal of the committee - the promotion of Olympism, both sporting and spiritual development person;
• Paralympic Committee;
• Charity and sponsorship funds.

All these organizations must have constituent documents, the main one of which is the charter. Read also the article: → “”. This document for physical education and sports factions must contain standard information for NPOs, and also additionally provide for:

• Types of sports on the basis of which the sports club is developing;
• The structure of the sports organization;
• The territory used by the organization for its own interests and needs;
• An approved list of indicators for selecting athletes for the purpose of including them in a club, school, or team;
• The frequency with which sports competitions are held;
• The rights of the organization itself and its divisions to manage sports equipment;
• The procedure for paying entrance and membership fees;
• The order of reorganization, termination of activities and liquidation;
• Among other things, the charter contains information on the formation of the board of trustees, on the procedure for the appointment and dismissal of officials.

Today, the document should contain information about the rules for an athlete’s transfer to other associations and the amount of payments made. In the appendix of the charter, the sports society can indicate its slogan and emblem. The charter plays important role in the establishment and process of activity of a non-profit organization of any type, since on the basis of the provisions of this document it develops its activities and interacts with other persons.

Its organizers and leader must know everything about the main documents. Main role the charter plays. It must be prescribed according to certain rules, including the most important information. NGOs rely on this document to work on their chosen direction. social activities. Further in our article we will describe in detail what the charter of a non-profit organization is.

In 2017, the requirements for the charter of NPOs did not change. As before, it must reflect the information determined by Art. 52 of the Civil Code of the Russian Federation. Errors in the charter lead to the fact that the organization’s registration will be denied. Therefore, the preparation of the document is approached with the utmost seriousness.

The most important thing is to write down the goals for the implementation of which the NPO was created. You also need to specify the following:

1. Name of the organization. It is important to choose it so that it reflects. The name must also indicate the type of organization, for example a foundation.
2. Address. The exact location of the organization, all branches and divisions.
3. Goals of activity. All types of activities that the NPO plans to engage in are written down here. If an organization engages in activities that are not listed in, this will entail penalties from regulatory authorities, which you need to be aware of. If planned entrepreneurial activity, it must be indicated which one and that the income from it will be used to achieve the set goals.
4. The procedure for managing activities. The features of management are indicated: meeting, council, election of a chairman, board of trustees, etc. These management bodies will resolve the main issues that arise for NPOs in the course of their work.
5. Responsibilities and rights of participants. This includes rules for joining and leaving the organization. This point is important only for those organizations that require membership.
6. Indicate all sources of budgeting and acquisition. The method of using this property when closing the organization is also determined.

If entrepreneurial activity is planned, it must be indicated what kind of business it is and that the income from it will be used to achieve the set goals.

These points must be written down in the charter of every public organization. As for, this is also possible, but you need to follow the rules. The procedure for making changes is prescribed in advance. If this has not been done, changes can only be made through the courts.

ANO and NKO are abbreviations for "autonomous non-profit organization" and "non-profit organization". Institutions are created on based on voluntary donations from participants and without the desire to make a profit from work activities.

However, according to the legislation of the Russian Federation, NPOs have the right to engage in entrepreneurship to achieve the goals set by the organization.

Basic goals

For autonomous non-profit organizations and non-profit organizations, the factor of independence is important, providing the organization with the opportunity to be open and impartial. This is especially true for independent media and charities.

I can pursue non-profit associations following goals:

• charitable;
• cultural;
• political;
• scientific;
• environmental;
• educational;
• the goal of protecting the rights and interests of citizens;
• and others.

Exist special practices and precautions, aimed at protecting the organization from pressure from stakeholders and sponsors. The charter of an NPO may prescribe provisions that guarantee the observance of order within the enterprise and the transparency of the flow of financial resources.

Opportunities and features of activity

Associations may engage in one or more types of activities not prohibited by country law. The type of occupation must correspond to the goals of creating the NPO as specified in the constituent documents.

The final list of all types of initiatives from the association is determined by the constituent documents.

In Russia, any activity of non-profit organizations is restrained by the “Law on Foreign Agents” No. 121-FZ, which came into force in 2012, and the “Law on the Register of Undesirable Organizations”, signed in 2015. Any international or foreign non-profit non-governmental organization can be recognized as such. accepted by the state apparatus as a threat to the constitutional order of the Russian Federation.

The period for which administrative punishment is possible in cases of “foreign agents” is 4 years. The legislation of the Russian Federation may impose restrictions on the type of activity of a non-profit association. Some activities require a special license.

Types of NPOs

One type of non-profit organization is autonomous non-profit organization. All benefits transferred to the ANO become its property. The founders and founders do not retain the right to the property of a non-profit organization and are not responsible for its obligations.

There are a huge number of other types of NPOs. Some of them can be highlighted:

• institutions;
• public gatherings;
• religious associations;
• consumer cooperatives;
• funds;
• associations and unions of companies and organizations.

Institutions- the type of NPO necessary to carry out social, cultural or managerial functions. The owner of an NPO of this type has the opportunity to finance the organization in whole or in part, while at the same time managing its property.

The owner can be an individual or legal entity, a subject or entity of the Russian Federation, or the federation itself.

Public association is an organization consisting of voluntarily united on the basis of common interests citizens who want to meet the needs of their group. An association can carry out activities solely within the framework of achieving the goal of its creation, and look like a social movement, organization, public foundation or institution. Created on the initiative of at least three individuals or legal entities.

Religious associations are structured in the same way as public ones. They are created for joint performance of religious rites, religious education or preaching of their teachings. Constitutionally, any religious associations are separated from the authorities government controlled and equal before the law.

An association consisting of at least a dozen adult participants living in the same area has the right to be recognized as a local religious organization. Religious associations have tax benefits.

Consumer cooperative is an association consisting of individuals and legal entities who join an organization to satisfy their needs for necessary services and goods. Satisfaction of needs is achieved by summing up the total voluntary share contributions.

Fund- a type of NPO based on voluntary contributions from participants who have cultural, charitable, educational, social and other goals beneficial to society.

Property transferred into the ownership of the foundation is assigned to it. Members of NPOs can be both citizens and companies.

Information on whether it is necessary to create an NPO is in this video.

Names of non-profit organizations

Any organization needs its own. An incorrect name for a non-profit organization may result in denial of registration.

The name of the NPO must consist of two parts: naming and indication of the type of association. For example, the name of the cooperative must contain an indication of its main occupation and words like “consumer union”, “cooperative”, “consumer society”.

An example of such names are “Credit consumer cooperative"or "Housing savings cooperative".

Changing the name of an NPO is required by law and requires registration with a government agency. All innovations must be reflected in the constituent documents and papers contained in the Federal Tax Service.

The changes involve the destruction of the old round seal of the NPO and the creation of a new one. When changing the name, the organization must notify Rosstat, the Funds, the bank with the NPO, partners and the client base.

List of documents for registration with samples in 2018

For a foundation, public organization, partnership, autonomous non-profit organization and private institution, a charter must be prepared, confirmed by the founders and members of the organization.

To create a union, in addition to the charter, a constituent agreement between the participants of the organization is required. An institution needs a charter and a decision to open an institution from the owner of the organization.

The constituent documents must necessarily contain the following information:

• name of the non-profit organization indicating the type of employment;
• the purpose of opening and further activities;
• management procedure;
• data on representative offices and branches of NPOs;
• responsibilities and rights of organization participants;
• data on the conditions of admission and exit from the NPO;
• sources of property and data on required use;
• all information about changes in the constituent documents;
• additional legal provisions.

A sample charter for a specific type of non-profit organization can be found at official portal NPO www.portal-nko.ru.

List of required papers for registration with the Authorized Body:

• application form No. RN0001;
• articles of association and, if any, articles of association;
• protocol on the creation of NPOs;
• receipt of payment of state duty;
• confirmation of legal address;
• in the case of a foreign founder - a document confirming his legal status;
• if intellectual property is used in the name or symbols of the NPO - a document on the right to use it.

Exact information about the required documents should be clarified with the registration authority.

Creation process and timing

First of all, the creators must approve and register the NPO by submitting a package of papers to the Authorized Body. Required documents served within three months from the date of the decision to approve the organization.

After 14 or 30 working days, the Authorized Body makes a decision on state registration of the organization or refusal. Upon confirmation of registration, the institution sends the papers to the regulatory authority to enter information from the Federal Tax Service.

After a working week, the regulatory agency enters data on the NPO and reports this to the Authorized Body. He accepts information and flow three days issues to the founders of the organization a document on state registration of the NPO.

You can register yourself or with the help of a law office. Some companies offer turnkey registration services for a fee, usually including government fees.

Changes in constituent documentation

Any changes to the constituent documents should be registered in the same manner as during state registration of the opening of an NPO. For registration of changes in constituent documents, a fee is provided in the amount of about 800 rubles.

The package of papers must contain the signature of the organization’s founder or notary. To record changes in the documentation, the following should be provided in bound and numbered form:

• state registration data;
• the decision to make changes to the documentation and the changes themselves;
• information about payment of state duty.

FAQ

How is liquidation carried out? After the decision to liquidate an NPO, the founders must notify government agency and submit a package of documents to the Office of the Federal Registration Service.

After a few months, the institution will review the application and issue confirmation of recording the liquidation. Next, you need to publish information about the liquidation of the NPO in the media and notify creditors.

Liquidation can be carried out for several reasons:

1. By decision of the founders or management of the organization.
2. After the expiration of the period for which the NPO was created.
3. After achieving the goals of creating an organization.
4. By the tribunal's decision.

The Fund can be liquidated only after a corresponding court order.

Can the name of an NPO be used by a commercial organization? When naming an organization, you must use the following scheme: individual designation + indication of the type of organization. Consequently, the same names of non-profit and commercial organizations are excluded.

In addition, complete duplication of facilities located within the boundaries of the city of Moscow is unacceptable.

Can a non-profit organization be the founder of an LLC? Maybe this is provided for by law. However, an NPO can only carry out activities that are aimed at achieving the goals of its creation. In this case, two enterprises keep records and pay tax contributions independently of each other.

A webinar on how to open an NPO is presented below.