What do you need to start a non-profit organization? How to create a public organization? Documents for registration of public associations

1. Registration is not commercial organizations in Russia: what organizational and legal forms can be registered?

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

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

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

Organizational and legal forms legal entities fixed Civil Code RF.

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

The procedure for creating such an organization includes:

  • choice of the name, types of activity, location, formation of the governing bodies of the legal entity;
  • preparation of a set of documents for state registration of NCOs. Their list is specified depending on the organizational and legal form and includes the charter, protocol or decision of the founders, statement, etc.;
  • appeal to the Ministry of Justice;
  • >
  • conducting documentary checks. Based on the results of the examination, a decision is made to register the NPO or, if errors are found, to refuse it;
  • entering information on the registration of NCOs in the Unified State Register of Legal Entities;
  • registration of a new legal entity with extra-budgetary funds and statistical bodies;
  • issuance of completed documents to the applicant.

    State registration of non-profit organizations is regulated by the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” ( Further- Law No. 7-FZ). It is drawn up by the executive authorities on the basis of the application submitted by the founder and the documents specified in the law. Problems usually appear when trying to correctly formulate the scope of the organization being created.

    concept

    A non-profit organization (NPO) is a form of enterprise whose activities are not aimed at generating income, but at achieving goals of a charitable, cultural, educational nature, for example, in the field of protecting the rights and interests of people. Such an association is considered to be created from the moment of its registration. The terms of its activity are not limited, it must have its own capital and estimate.

    Types of NGOs

    In accordance with Law No. 7-FZ, these associations can take different forms:

  • non-profit partnerships;
  • autonomous non-profit enterprises;
  • institutions;
  • charitable, social and other funds;
  • unions and associations;
  • religious and public associations;
  • Cossack societies;
  • communities of indigenous peoples.

This law contains an indication that NCOs are also possible in other forms, if they are expressly provided for in other federal regulations.

Registration procedure for a non-profit organization 2017: step by step instructions

The procedure for registration of NCOs takes a lot of time. It involves the following steps:

  1. Prepare a kit necessary papers, including an important document - the charter of the NPO.
  2. Sign documents and notarize them. When registering a non-profit organization in a notary's office, the presence of only one of the participants is required.
  3. Submit a package of documents to the regional department of the Ministry of Justice of the Russian Federation (Ministry of Justice).
  4. After the decision of the Ministry of Justice to register NCOs tax service in the region puts it on record.
  5. Become registered with the employment center and the Pension Fund of the Russian Federation.
  6. Complete the procedure at the Ministry of Justice and receive documents.

After submitting a set of documents, the Ministry of Justice issues a certificate of state registration of the NPO within 30 days. It mentions the name of the enterprise, its location. In addition, a special code is assigned to it. From this moment, the enterprise is recognized as a legally created entity and will be registered with the tax authority.

The opening process for a public association takes no more than 33 days. A political party is registered within 30 days, other types of companies - 17. But for a religious association, the deadlines are maximum - no more than 1 month and 3 days or 6 months and 3 days (in the case of state religious expertise).

Required documents

According to the law, for registration you need to prepare:

  • a notarized application for state registration of a non-profit organization (form РН0001). It indicates the full name, place of residence and telephone number of the applicant;
  • constituent documentation, which includes a memorandum of association or articles of association;
  • decision to create in 2 copies. It is drawn up by the sole founder or several participants in the form of a protocol of the constituent assembly;
  • information about the location of the NPO - lease agreement, certificate of ownership, letter of guarantee or others;
  • a receipt confirming the payment of the state fee.

Some types of NCOs are registered subject to additional conditions providing documents.

Where to apply

Register a non-commercial autonomous or public organization only the Ministry of Justice or its territorial authority. As a rule, this must be done no later than 3 months after the decision to open an NPO is made. To submit documents, you must personally appear at the Ministry of Justice or send papers by mail with a declared value and an inventory of the attachment. You can also use the services of a specialized company that will perform the entire procedure in full.

State duty

Before submitting documents, it is required to pay the state fee at any banking institution by bank transfer. Its size is 4 thousand rubles, according to Art. 333.33 of the Tax Code of the Russian Federation. Details can be found in the Ministry of Justice itself or on the website of its regional division. The receipt must be retained and a photocopy made of it before submitting the application, presenting both copies.

Opening and registering a non-commercial association is not easy. Before proceeding with it, it is necessary to thoroughly study regulatory framework and collect a package of documents necessary for registration. Learn about the terms and procedure of the procedure from the lawyers of the Pravoved.RU portal! Expert advice is provided online.

If you are reading this article, it means that you are determined, register an autonomous non-profit organization on your own . We are happy to help you with your task!

To start an autonomous non-profit organization you need to be patient and carefully weigh the pros and cons, evaluate the precious time spent, money investments, etc. Self-registration ANO will require from you certain knowledge and experience in the competent execution of documents for institutions of an autonomous non-profit organization . In this article, we bring to your attention a simplified and accessible course on preparing documents for creating an autonomous non-profit organization on your own .

Required knowledge about what constitutes an autonomous non-profit organization:

1. Autonomous non-profit organization is a non-profit organization without membership, which is established by fully capable citizens and / or legal entities on the basis of voluntary property contributions in order to provide services in the field of education, health, culture, science, law, physical culture, sports and other services, such as publishing or expertise. (Article 10 of the Federal Law of the Russian Federation "On non-profit organizations" dated 12.01.1996 No. 7-FZ).

2. The founders of an autonomous non-profit organization there may be fully capable citizens of the Russian Federation and legal entities, as well as foreign citizens and stateless persons legally located in the territory Russian Federation. The number of founders of an ANO organization is not limited. The founders do not manage an autonomous non-profit organization on their own (through the General Meeting of Founders or Members). The founders supervise the activities of the ANO in the manner prescribed by the Charter of this organization. Founders - individuals ANOs can elect themselves as members of the ANO's highest governing body and thus exercise leadership over the non-profit organization.

4. Decision to establish an autonomous non-profit organization or Minutes of the founding meeting of ANO. With this question, everything is simple: if there is one founder, then - a decision, if there are two or more founders, then - a protocol. At the first founding meeting, a decision is made to create an autonomous non-profit organization with its full name, the location (legal address) of the ANO is approved, the composition of the highest collegiate governing body of the non-profit organization is formed, the head of the ANO is elected, if necessary. If it is planned to elect one of the members of the supreme collegiate governing body of the ANO as the head of an autonomous non-profit organization, then this supreme governing body must include at least three members - individuals.

5. Charter of an autonomous non-profit organization must meet the requirements Art. fourteen. It is necessary to carefully develop the goals of creation, the subject and activities. The name of an autonomous non-profit organization should be the most original, not duplicate the names of other non-profit organizations and reflect the main purpose of creating the ANO. In other words, the name from the full name of the ano should be as clear as possible why this autonomous non-profit organization was created. The name (surname) of a citizen in the name can be used only with the consent of this citizen. The words "Moscow", "Russia" and their derivatives are used only with official permission from the authorized bodies.

It is also necessary to develop the structure of the ANO's management bodies and their competence. A separate chapter of the charter should be devoted to the property of an autonomous non-profit organization. Do not forget about the procedure and conditions for making decisions on changing the charter, reorganization and liquidation of the ANO.

Currently, on the Internet you can find quite a lot of charter templates for an autonomous non-profit organization. Many of them comply with the requirements of the legislation on NGOs. But be careful, changes to the legislation are made quite often, and the examples presented on the Internet constituent documents NPOs are not always updated, which is why they are called - example, template, sample, etc. To be more sure that you have chosen the correct ANO charter, you need to compare the charter with the current legislation on NCOs, in particular, with Federal Law of the Russian Federation "On non-profit organizations" dated January 12, 1996 No. 7-FZ in the current version.

6. ANO does not set the main goal of its activities to make a profit and does not distribute the profit received among the founders. ANO can carry out entrepreneurial activity only insofar as it serves the achievement of the goals for which it was created and meets the goals specified in its Charter, subject to the requirements of the current legislation. An autonomous non-profit organization has the right to set prices for its work and services within the limits determined by the current legislation of the Russian Federation and civil law agreements.

7. Specify the section of the charter on the property of an autonomous non-profit organization clearly according to Federal Law of the Russian Federation "On non-profit organizations" dated January 12, 1996 No. 7-FZ.

Documents submitted for registration of an autonomous non-profit organization to the registering authority in accordance with paragraph 5 of Art. 13.1 of the Federal Law of the Russian Federation "On non-profit organizations" dated January 12, 1996 No. 7-FZ:

1. certified by a notary (signatures of all founders are certified);

2. Application for registration of ANO in the approved form (P11001), not certified by a notary (signed by all founders);

3. ANO charter in accordance with the current legislation - in triplicate;

4. or Protocol on the Creation of an Autonomous Non-Commercial Organization - in duplicate;

5. Information about the address (about the location) executive body autonomous non-profit organization, through which communication with the organization will be carried out - Letter of guarantee and a certified copy of the certificate for the address or a certificate from the relevant authorities, if the address is “home”, i.e. legal address according to the registration of the founder-head;

6. State duty payment receipt(the amount of state duty is 4,000 thousand rubles).

7. Documents confirming the right to use part of the registered name of another organization, the name of a citizen or the words "Moscow", "Russia" and their derivatives in the name of an autonomous non-profit organization.

8. Power of attorney, certified by a notary, for the one who will submit documents for registration to the registration authority. The exception is the Main Directorate of the Ministry of Justice of Russia for Moscow - the applicant's signature on the power of attorney, not certified by a notary, is sufficient.

9. (established form) - in two copies.

10. Other additional documents in accordance with the requirements of the current legislation.

Prepared documents in a binder folder are submitted to the appropriate registration authority. For Moscow, this is the Main Directorate of the Ministry of Justice of the Russian Federation for Moscow. For the Moscow Region - Office of the Ministry of Justice of the Russian Federation for the Moscow Region.

Fourteen working days after the submission of the ANO documents for state registration to the relevant registration authority, a specialist will contact you, who will write your case for registration of the organization. If the specialist did not call, then call yourself at the contact phone numbers listed on the site this department Ministry of Justice.

Be prepared for the fact that each specialist of the relevant department of the Ministry of Justice, to whom your case will be transferred for registration of an autonomous non-profit organization, may require that it be corrected in the name, goals, activities of the ano, according to some provisions of the charter, application for registration of an autonomous non-profit organization. This is a common practice. Usually, when the registration of a non-profit organization being created is suspended, the receipt of payment of the state fee and a notarized application in the form P11001 are not returned. In this case, you will have to re-pay the state fee for registration of a non-profit organization in the amount of 4,000 rubles. and services of a notary to certify the signature of the founders on the application P11001.

If everything is correct according to the documents and the specialist did not present additional requirements to the execution of the documents submitted by you, then you will receive the final package of documents from the Ministry of Justice in about two to three weeks.

Next, you need to order a seal, print out a notice of registration with Statregister, open a bank account, receive documents on registration with the Pension Fund and the Fund social insurance RF.

Even if the activity of the ANO has not been carried out for a year or more, do not forget about the annual reports to the relevant registration authority on the continuation of the activities of your autonomous non-profit organization. Reports are submitted until April 15 of the current year for the past year. For those non-profit organizations that do not submit reports to the Ministry of Justice - a fine of 5000 rubles is collected through the court.

This article presents an abbreviated course on self-registration of ANOs, prepared by experienced lawyers of the Legal Center "YusSfera" tel. 8-499-340-75-19 .

Email : This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Office adress: Moscow, st. Zemlyanoy Val, 7, entrance, 3, floor 2, office 215.

The cost of preparation services is only 8000 rubles. + detailed instructions on registration of an autonomous non-profit organization independently.

We are happy to help you!

Defining features of NCOs:

  • profit is not the purpose of the legal entity;
  • funds are not distributed among the founders;
  • the field of activity formulated in the Charter refers to the area social protection, culture, science, sports and other public goods.

Nuances of functioning of NPOs NPOs differ from commercial structures not only in their “non-monetary” orientation, but also in their subordination - their registration is in charge of the Ministry of Justice, and not tax inspections. And it is much more demanding and harsh in terms of processing applications and passing registration.

  1. A non-profit organization is considered established as soon as it has passed the state registration procedure.

How to register a non-profit organization in the Ministry of Justice Institution and documents for state registration of an NPO Features of the status and registration of an autonomous non-profit organization (ANO) Features of the status and registration of a public non-profit organization Actions of the territorial body of the Ministry of Justice of the Russian Federation on an application How to register a non-profit organization in the Ministry of Justice some features, since it is carried out simultaneously by the Ministry of Justice of the Russian Federation and the Federal Tax Service of the Russian Federation. We recommend that you learn about the registration of legal entities in general from the articles in the "Registration of legal entities" section on our website.

Registration of non-profit organizations in Russia: step by step instructions

Attention

herself step by step registration non-profit organization is as follows: - preparation required documents, their subsequent signing and payment of state duty; — certification of the application for registration of a legal entity by a notary; — providing the collected and certified documentation in local authority Ministry of Justice of the Russian Federation; - after consideration, the registration authority makes a decision; - registration with the tax office of the organization that was registered; – obtaining documents that will be the official confirmation of the state registration of the NPO. The algorithm according to which state registration non-profit organizations, makes it possible to act as an applicant for both the head of the legal entity and the founder of the organization itself.

NPO registration - step by step instructions 2018

This is possible if the Ministry of Justice has no claims against the applicant from the standpoint of the transferred documentation and other aspects future activities. Further, the information goes to the Federal Tax Service to include information about the created organization in the Unified State Register of Legal Entities.
On the basis of the information received, data on the new public organization is included in the register within five days, and the next day the tax service reports on the work done to the Ministry of Finance of the Russian Federation. Employees of the latter prepare and submit a certificate of state registration within up to 3 days.


That is why the process is delayed for up to 30 days. One of the main documents in the process of creating an NPO is an application submitted to the Ministry of Justice. A member of the organization prepares a paper in two versions, after which he signs it.
Filling out the application is carried out according to the generally accepted form P11001. The correct template can be found on the website of the Ministry of Justice.

Non-profit organization: registration. step by step instructions, documents

Important

Yes, so that it is unique. After all, the registration authority may refuse you if such a name is already in use. In the name, it is also important to take into account some details, such as binding to the territory and the mandatory indication of the form.


Info

If your territorial scope is a city, then write it like this: “City public organization “Social activists of Surgut”, if the region, then, respectively: Regional public organization of Khanty-Mansi Autonomous Okrug-Yugra “Social activists of Yugra”. Etc. 4) Pay attention to the question of the founders.

Each NPO form has its own registration procedure and the number of founders. For example, a private charitable foundation has the right to open one person, and a public association - three or more.

Everything, again, is spelled out in the law on NGOs. Documents required to open an NPO 5) Preparing documents.

Instructions: how to open an NCO from scratch

According to the law, it is the state registration of an NPO that serves as the starting point for the creation of a non-profit organization as a legal entity. However, unlike the registration of real estate or legal entities formed for the purpose of making a profit (IP, LLC, PJSC, etc.), the registration of NCOs is under the jurisdiction of the Ministry of Justice of the Russian Federation, and not Rosreestr or tax inspections. And the process itself is characterized by more serious requirements for the founders and submitted documents, as well as extended periods for considering applications. Thus, registration of non-profit organizations in the form political party will take 30 days.
And in the case of religious associations, with the stated period of one month and three days, the procedure may drag on for six months (if it is necessary to conduct a religious examination). For other NCOs, the deadline is 14 working days.

How to register an NCO

Based on the data received, information about the new NPO is entered into the register within 5 business days, and no later than the next business day, the Federal Tax Service informs the Ministry of Justice about this, which in turn issues the applicant a certificate of state registration of his non-profit organization no later than three business days. Application for registration of an NPO The main document for the establishment of an NPO is an application to the Ministry of Justice for the registration of a non-profit organization.

The founder must prepare it in two copies and sign it. An application for registration of an NPO in 2016 is filled out in accordance with form p11001.

The registration application template is presented on the information portal of the Ministry of Justice. There in latest version other samples of documents for registration of NCOs are always presented.

Registration of a non-profit organization

Step 7. Tax registration If the registration decision is positive, the newly created NCO is entered into the Unified State Register of Legal Entities by the Federal Tax Service. This will take approximately 7 business days. After making necessary information The Federal Tax Service sends information about the completion of registration to the appropriate territorial body of the Ministry of Justice.

Step 8. Obtaining a certificate Within 3 days after receiving confirmation from the Federal Tax Service, the Ministry of Justice is obliged to issue to the applicant a document on state registration, containing:

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

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

Registration of NGOs (non-profit organizations)

Benefits of registering an NPO on a turnkey basis with Yus Liberum

  • Huge experience of work and interaction with the Moscow and regional departments of the Ministry of Justice of the Russian Federation.
  • Knowledge of the requirements of the Ministry of Justice for the content of constituent and other documents of NCOs of any organizational and legal form in order to pass all stages without comments.
  • Support and control of the NPO registration procedure.
  • Compliance with the statutory deadlines for registration.

The cost of registration services for non-profit organizations (foundations, unions, public associations, ANO, HOA, etc.) Registration services – services; 4,000 rubles. - stamp duty. Registration of a public organization, state corporation from 30,000 rubles.

– depending on the specifics of NCOs; 4,000 rubles. - stamp duty.

Goals and objectives that are set for the organization. It is important that they comply with the laws; 3. Documents to be submitted for registration.

The legislation of the Russian Federation stipulates that an NPO is an organization whose main goal is not to receive income and distribute it among the founders. Such structures are usually formed to work in social sphere for the benefit of society.

When creating an NPO, there are no restrictions on the period of validity, unless other requirements are established in the charter. A non-profit organization can operate in various fields- charitable, cultural, educational, scientific, health protection and many others.

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

Opening an NPO step by step instructions 2018

Later, the authority to carry out this procedure was transferred to the Ministry of Justice, where registration is still taking place. This means that when registering an NPO of domestic or foreign origin, it will be necessary to interact with this state structure.

At the same time, it should be understood that in the foreign version only an organization that has nothing to do with the government will be registered. It is the Ministry of Justice that reviews the documents that are submitted for registration, analyzes their composition and the purpose of the structure being created, after which it makes a decision on registration, transferring its documents to authorized bodies by regional affiliation.

In this case, the organizers will have to appear in this structure in person or send documents using postal services.

Hello, friends! The conversation will be about NGOs - Non-Profit Organizations. We constantly register and accompany NGOs (more than 200 per year), this is our main specialization and favorite work. On the Internet, there is a lot of old, unprofessional and outdated information on the topic of creating NGOs. If you are interested in a topic related to the design in 2018 and further work NGO, here you will find answers to the main questions. Or find out the answers you need to know.

Here is a list of questions from people who are thinking about setting up an NPO:

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

Non-profit organizations, as the name implies, are organizations whose purpose is non-profit activities in certain areas. NPOs do not have beneficiaries or owners who receive interest, income or dividends. An NPO cannot have for the purposes of conducting entrepreneurial activity, operates in the non-profit field in the areas that the law clearly describes.

To put it simply, NGOs operate in the field of: education, science, culture, sports, healthcare, ecology, charity, protection of legal rights and freedoms, etc. All these activities are socially oriented and are fully spelled out in Article 31.1 federal law"About non-commercial organizations".

Non-profit organizations are subject to two main laws, the Law on Non-Profit Organizations and the Civil Code Chapter. And the main controlling body is the Ministry of Justice.

NCOs also have a number of advantages. It operates in a non-profit field, in many cases, have an advantage over commercial organizations. Often the income is completely exempt from taxation. Has an advantage when interacting with government bodies. Opportunity to participate in grants and receive state support allocated specifically for NPOs. Obtaining space from the state, such as office or sports, for the implementation of their goals. The presence of a social personal income tax deduction, which can be received by individuals sponsoring non-profit organizations.

In fact, the goals of the state and NGOs often coincide, for example, the development of science or sports. And if a non-profit organization achieves success in its activities, then it is in the interests of the state to help it through grants, bonuses or subsidies. This, in turn, helps non-profit organizations to implement their programs.

Features of non-profit organizations and what are they?

The consequence of the absence of NPO owners is that all the property of the Non-Profit Organization belongs only to it. In fact, management is carried out by the Head, who may be called the chairman, director, president, or whatever. The main thing is that the Leader is elected by the members of the NPO, all members are equal, and it is forbidden by law to restrict any of the members.

It is important to say that there are quite a few types of NPOs. They can be divided according to two main features. The first is the place of registration, where a package of documents is submitted for registration and further changes in statutory documents. This is the Federal Tax Service or the Ministry of Justice. The second sign is whether the organization is based on membership. When you create a non-membership NGO, this is your project, and you have the opportunity to control it by investing resources and efforts in it. It is very difficult to do this in a membership-based NGO, in fact, you are the initiator of the project, which in the future will be developed by the forces and vision of a large group of people. You can keep control only by remaining 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 societies

3 Group. Registered in the Federal Tax Service based on membership.

  • Consumer cooperatives

4 Group. Registered in the Federal Tax Service not based on membership.

  • Government agencies
  • State institutions
  • Municipal institutions

It is important to say that it is very difficult, or rather impossible in most cases. Easier to establish new NPO. Responsibly approach the choice of the form of NPO.

What is required to form a non-profit organization?

You need to answer yourself a few key questions and have the necessary documents.

It is necessary to decide in which non-profit area you will operate and, most importantly, how you will realize your goals.

By answering the first question, you will be able to decide on the form of NPO that you need to create.

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

Decide on the composition of the governing bodies of the NPO, their positions and copies of the passport.

Full and abbreviated name of your future NPO.

Have data for a legal address, this can be an office (Letter of Guarantee from the owner of the office) or the home address of one of the founders (provided that he is the owner of the apartment).

4000 rubles for state duty

Approximately 3600 rubles for Notary services.


Step-by-step instructions for registering an NPO.

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

For registration, at least one founder is required, in some forms two, but three people are required in the mandatory collegiate governing body. Those. one person can be the founder, head and member of the collegial management body and two more can only be members of the collegiate management body. All the main issues are decided by the collegial governing body, and not by the founder.

- Choosing a name for our NGO.

The question is more difficult than you might think. First, the name must be unique. Secondly, it consists of three parts: the organizational and legal form, a reflection of the nature of your activity, the name itself. For example: AUTONOMOUS NON-PROFIT ORGANIZATION FOR THE DEVELOPMENT OF CULTURE AND ART "Dawn", as you can see, it consists of three mandatory parts. The name should define the nature of your activities, as a result, your goals and the composition of the future Charter. This implies an important limitation, in fact, the name will determine the types of your activities and you will not be able to engage in all socially-oriented activities. For example, a sports organization will not be able to deal with ecology. It is also impossible just like that international, all kinds of names of public authorities, other forms (fund, union, association), etc. Foreign characters and words are not allowed. If a rare name or a little-known Russian word is used, it is better to attach an explanatory letter describing it. Not everyone knows what Farahrud is, including employees of the Ministry of Justice, who may mistake it for a foreign word.

- Decide on the legal address.

The legal address is the official location of the organization, and the registration of ANO takes place at the location of the legal address. So where can you get it? There are several ways.

The easiest way, the legal address is provided by one of the founders to their apartment, a prerequisite is that the apartment must be owned. If the property is a share, then the consent of the other participants is required.

The second way - the office under the lease agreement will be the legal address, because. the organization has not yet been established, the owner of the office issues you a letter of guarantee that he will conclude a lease agreement with you and agree that the legal address of the organization will be there.

In practice, there is a third way, the most dubious one - "buying a legal address", the owner provides you with a letter of guarantee, but after registration he provides you with only postal support for the organization. It's cheaper than renting an office, but it's worth going down this path only with trusted partners. You can get to the "black-rubber" address and get a refusal from the Ministry of Justice or, after registering an NPO, be able to open a current account.

- Preparation of documents for submission to the Ministry of Justice.

Next is the most difficult step. Preparation of a package of documents for registration of NPOs. 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 Moscow Ministry of Justice. The Ministry of Justice for the Moscow Region is also located in Moscow.

The minimum registration package consists of:

  • Charter 3 copies
  • Decision (Protocol) 2 copies
  • Application certified by a notary - 1 copy
  • Application signed by the applicant - 1 copy
  • State duty payment receipt (original)

Separately, I would like to pay attention to the Charter of NGOs.

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


The procedure for registering an NPO in the Ministry of Justice

The procedure for registering an NPO with the Ministry of Justice is fundamentally different from registering an LLC. The registration itself consists of four steps, and often you can only hear the terms of some, which confuses people.

To put it simply, the full registration period, from the moment the documents are submitted to the Ministry of Justice, takes at least 1.5 months. And these months and a half consist of five stages, in which at least 4 people take part. This is one of the reasons why it is very difficult to speed up registration, and if you succeed, it will only be a few days. I will describe these steps:

1. Documents are submitted to the Ministry of Justice, accepts them in the "acceptance specialist" window.

  • The first option is "Refusal" in registration, everything is clear with this. Everything from the beginning, repeated payment of the state fee and almost always repeated costs for the Notary.
  • The second option is "Revision", if there are minor comments on the Charter, the specialist calls the applicant at the number indicated in the application and asks to make changes. It is important that if you miss a call and do not find your specialist today, tomorrow there will be a refusal! So, it is better to find out the appointed specialist and his phone numbers in advance. Accordingly, repeated expenses for a notary and a fee do not arise. After the "Revision" examination may take again 3 weeks, and the terms of registration increase sharply.
  • The third option is a positive decision, cheers. But this is only the middle of the road.

3. The Ministry of Justice itself sends a package of documents to the Federal Tax Service (Tax), they go for about a week.

4. Documents are checked by the Federal Tax Service, it is not as strict as in the Ministry of Justice. And there can only be two solutions. positive or negative decision. If negative, then you are at the beginning of the path. In case of a positive decision, they are assigned registration numbers TIN and OGRN, with inclusion in single register legal entities. Since then, the NGO has existed. You can take an extract from the Unified State Register of Legal Entities and, based on it, perform certain actions.

5. Documents of the created organization are going back to the Ministry of Justice for another week.

6. The Ministry of Justice, having received documents from the Federal Tax Service, issues an additional Certificate of Registration of a non-profit organization. It is important to say that this certificate is signed personally by the head of the Ministry of Justice. In this connection, this stage can easily stretch from one to two or three weeks, and any appeal to the conscience of a specialist in the "window" or on the phone will not change the situation. He simply does not dare to report your dissatisfaction to senior management.

Having received a package of documents from the Ministry of Justice, be sure to check if there are any mistakes made when entering basic data into the Unified State Register of Legal Entities, for example, in your full name. founders and managers, address, name, etc. d.

Then you make a print, this is a must. Only limited liability companies and individual entrepreneurs can be exempted from seals. And be sure to get a "Notice" with statistics codes in ROSSTAT (Statistics).

We collect what happened in a beautiful package and open a current account in the bank we like. The leader does this and it is better to do it right away. Without a checking account, an NPO can rarely exist, and over time it becomes more and more difficult to do so. NCOs without a checking account, this is generally a separate article for discussion.

Expenses associated with the registration of NCOs.

Let's go as it comes. After a minor expense associated with the preparation of documents, paper and ink. There are notary expenses and amount to at least 3500 rubles if we have 1-2 founders. Further, the state fee is 4000 rubles, which must be paid at the bank according to the receipt. The costs associated with opening a current account are approximately 2-3 tr., it should be noted that prices in state-owned banks are higher than in commercial ones, but their reliability is beyond doubt. Please note that when revoking a license from a bank, an organization in 95% of cases loses its money in current accounts.

Separately, I would like to say. After the establishment, the organization will incur fixed costs associated with maintaining a current account of 1-3.5 tr. depending on the bank. As well as maintaining accounting NPO worthy accountant will leave at least 2000 rubles per month.

Rules of work and obligations of NGOs.

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

  1. Where can an NGO work?
  2. Who controls the work of NGOs?
  3. The principle of the NGO.

Where can an NGO work?

The Charter of any NPO prescribes the territorial scope of activity, if it is simpler - these are the regions in which the NPO can operate. By default, the main region will be the one in which your legal address is located. In additional regions, the NCO operates on the basis of branches or departments. Depending on the form of an NPO, 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 of activity is implemented in different ways. This must be read separately. I will point out the difference between them.

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

Branches are created by internal documents, do not lead to the creation of a new version of the charter and do not lead to fundamental changes in NCOs. But not in any form of NPO, it is possible to open branches. Branches, for example, can be opened in a Public Organization.

There are forms for which the territorial sign is not so important, for example, funds. Foundations, at their core, collect and distribute funds. Their activities are based on the promotion or joint implementation social projects with other NGOs. As a rule, they simply do not have the need for branches or branches. They perfectly achieve their goals, relying on one single region, redistributing the collected resources.

Separately, it must be said about the All-Russian organizations and NGOs, which Just like that, you can’t 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, for example, the opening of more than 43 branches. For the Association (union), this is a period of activity of more than 5 years, more than a third of the regions and a unique activity that still needs to be proven.


International status and use of the appropriate name. To do this, you need to take three steps. Create an NGO. Then create a representative office of your NPO in another country according to its laws. The third step, having all the documents for the created representative office, is to submit documents to the MINISTRY OF JUSTICE of RUSSIA for a new charter, name and status. They often ask how to create a "GLOBAL NPO", the answer is no way, it is impossible to do this and there is no such concept in the law.

Who controls the work of NGOs?

The activities of NGOs are somewhat more complicated than the activities of commercial organizations. The NPO is mainly controlled by the Ministry of Justice and the Tax Administration (FTS). The principle and goals of control are very different for them. If a book is not enough to describe all the subtleties, but we will try to outline the main principles.

The Ministry of Justice controls whether the activities of NGOs comply with the law on non-profit organizations. It is checked whether the activity of the NPO complies with its charter and whether the funds are spent lawfully. It is the Ministry of Justice that receives complaints about the activities of NGOs and decides on its forced liquidation. Receives annual reports from NPOs on the confirmation of activities, key financial and economic indicators and the composition of management bodies. Checks the intended use of received Money and the legality of their use within the non-commercial field. In fact, the Ministry of Justice has a supervisory function, in case of non-compliance, it issues an order to eliminate the shortcomings or liquidate the NPO.

Tax (FTS) performs several other functions. All NGOs, within the framework of their charter, can engage in income-generating activities that are taxed. Reports and declarations are submitted quarterly to the tax office. Based on the reporting and analysis of the composition of the operations of the current account, the Federal Tax Service checks the correctness of the calculation and payment of taxes. In other words, the Federal Tax Service performs fiscal control functions. And in case of violations, it fines the NCO, blocks settlement accounts, and requires explanations from the head if the data provided is incomplete, contradictory or unreliable.

Also, all NPOs report to the Pension Fund, the Social Insurance Fund and Rosstat, even if the NPO has no activities or employees.

The principle of the NPO

After its establishment or annually, the NPO conducts general meeting members. At this meeting, within the framework of the charter of the NPO, a plan for the development of the NPO in the current year is determined. Simply put, members decide the main principles and goals of their NPO by defining goals next year, perhaps by developing a specific program. Perhaps a mechanism for the implementation of socially-oriented activities is being determined.

The second important question is how the set goals will be achieved, by what means. Priority sources of income formation are determined. Accordingly, to raise funds, events and promotions can be planned, for example, dedicated to holidays or solemn dates. Perhaps the main source of funds is expected to be income-generating activities, and a description of the development of this direction is necessary.

The third question is the estimate for the current year. Having determined the goals of the non-profit organization and the sources through which they will be realized. Members of the meeting form an estimate with the planned amount of income for each article and their intended use for the planned purposes. It is important to say that the estimate should not be exactly executed within a year, this is just a plan. At the end of the year, an actual estimate is drawn up, the members of the meeting study the planned and actual estimates in order to take into account the experience of the past year and be able to better plan the next year.

I would like to note that estimates in NCOs may not exist at all, because. financial transactions are completely absent, and the statutory activities, goals and objectives are fully implemented. For example, a public organization operates at the expense of its members and volunteers who act free of charge or at their own expense, fully realizing the goals of educating and advising the population about their rights. As you can see, financial transactions can be minimal or even completely absent.

Separately, I note that taxes are mainly levied on income-generating activities (income from the sale of goods and services), which is a source of income for NGOs. It is permissible to receive income only within the framework of those activities that are in the charter (write cleanly commercial types activities in the charter, such as trade, agency services, construction of buildings and structures, etc. The Ministry of Justice will not give you during registration or changes). By itself, this activity cannot be the goal of an NPO. An exception is the construction of the activities of some ANOs. When they carry out income-generating activities, such as the provision of sports services, and sections at cost. Without receiving any financial result, the ANO immediately fulfills its main statutory goal - the development of sports, i.e. the goals of such an ANO do not change, this is the development of sports, it just turns out that both the statutory activities and the income-generating activities merge into being performed in parallel.

Conclusion.

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

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