Public associations are subject to mandatory state registration. Public associations, types, structure, registration

    Registration of a public organization in Russia is carried out in accordance with the established rules of the Federal Law of the Russian Federation of May 19, 1995 No. 82-FZ “On Public Associations” and the Federal Law of the Russian Federation of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”. According to the law, in order to register a public association in the structures of the executive power, the will of at least three natural persons-founders and relevant documents are required. At the same time, the registration of such a company is carried out after the founders decided to create a legal entity at a general vote, approved the charter and formed the leadership. What is the procedure for registering a public organization, we will consider in more detail in the article.

    Where to go to register a public organization

    At the moment, the Ministry of Justice of the Russian Federation deals with the registration of public organizations. The Ministry of Justice and its regional branches make decisions on the state registration of an association, including the issues of its creation, reorganization or liquidation. All changes in the constituent documentation and the inclusion of a certain union in the Unified State Register of Legal Entities (Unified State Register legal entities) is produced by the Ministry of Justice.

    Registration of a non-profit public organization in 2017: step by step instructions

    The procedure for registering a non-profit public organization (NPO) in Russia includes a number of steps:

    1. It is necessary to choose the founders/founder of the NPO. Members of a non-profit organization can be both citizens of the Russian Federation and legal entities, as well as foreigners.
    2. It is required to determine the type of activity. It must comply with the objectives of the creation of NCOs, fixed in the Charter. It must indicate all types of planned activities. The Unified State Register of Legal Entities should provide data on the type of activity of each type of NPO.
    3. Decide on the name of the association. The name must be in Russian and contain an indication of the type and nature of the activities of the NPO. When you register a company name, you will have exclusive right for its use.

      4. It is necessary to be careful with the use of the names Russian Federation and Russia. In this case, there are several features that can be found in the Federal Law "On Non-Commercial Organizations" dated January 12, 1996 No. 7-FZ.


    4. Specify a valid legal address. If the premises are rented, a lease agreement must be submitted to the Ministry of Justice of the Russian Federation without fail. If the office is owned by the founders, then it must be confirmed by an appropriate extract from the USRN.
    5. Prepare a package of documents.
    6. Pay the state duty for registration of an NPO in accordance with Art. 333.33 of the Tax Code of the Russian Federation.
    7. Submit a set of documents to the Ministry of Justice. Documentation must be submitted no later than 3 months from the date of the decision to open an NPO. You can submit documents through the State Services web portal, where there are all the necessary forms.
    8. Obtain a certificate of registration of the association. In case of a positive decision, the Ministry of Justice issues a document that guarantees that the NPO has been successfully registered. It indicates the name, legal address and individual code of the company.

    The procedure for registering an all-Russian, regional or international public organization may have some features both in terms of the timing and the successful execution of documentation, therefore it is recommended that you first consult with an experienced lawyer.

    Deadline for registration of a public organization

    The terms of registration of this company in the Ministry of Justice - no more than 30 working days. In the event that all documentation is in order and there are no reasons for refusing to issue, the Ministry of Justice of the Russian Federation or its regional office makes a final decision no later than 2 weeks from the date of receipt of the package of documents.

    The papers are then sent to the Federal tax service(FTS RF) to enter information into the Unified State Register of Legal Entities. Based on the information received, data on the new education is entered into the register within five working days, and no later than the next working day, the Federal Tax Service notifies the Ministry of Justice about this. He, in turn, issues a certificate of state registration to the applicant no later than 3 working days.

    Documents for registration of a public organization

    First of all, it is necessary to prepare a charter, which is approved by the participants and members of this association. To create a union, a memorandum of association and a decision to open from the owner of the company are also required.

    The founding documents must contain the following information:

  • name of the institution indicating the type of employment;
  • purpose of discovery and follow-up;
  • legal address;
  • management procedure;
  • information about representative offices and branches of the association;
  • obligations and rights of founders;
  • information on the conditions for admission and withdrawal from the union;
  • sources of property and details of use;
  • data on changes in the memorandum of association and articles of association;
  • additional legal provisions.

To register a public organization with the Ministry of Justice, you must provide the required package of documents:

  • application for registration of a public organization (form No. РН0001);
  • articles of association (if any, memorandum of association);
  • protocol on the establishment of the company;
  • receipt of payment of state duty;
  • confirmation of the legal address;
  • a document that certifies its legal status (in the case of a foreign founder);
  • if intellectual property is used in the name or symbolism of the association - confirmation of the right to use it.

Accurate information about necessary documentation should be clarified with the competent authority.

Thus, all the difficulties in registration lie in the preparation of a complete package of documentation. The best way out of the situation would be to obtain the necessary list of securities directly from the registration authorities, and compliance this list guarantees the successful completion of the procedure.

Our experts of the Pravoved.RU web resource will be able to advise you on the specifics of the legal status of these organizations and the registration procedure. To do this, just call the specified numbers or fill out the feedback form.

Not commercial organizations have a variety of organizational and legal forms (OLF), and sometimes it is difficult to make an unambiguous choice between them. Before registering an NPO, it is necessary to carefully consider how the relationship between the founders and members of the non-profit organization will be regulated, whether they will be liable and to what extent, whether they have the right to conduct entrepreneurial activity who will own the property transferred to the ownership of the NPO, etc.

Various types of public associations is a special case of NCOs, therefore the procedure for their registration and functioning is mainly regulated by the Federal Law “On Non-Commercial Organizations”. However, taking into account the specifics of this type of NPO, some legal provisions are also spelled out in the Federal Law "On Public Associations":

Under any kind public association is understood as “a voluntary, self-governing, non-commercial formation created on the initiative of citizens united on the basis of common interests for the implementation of common goals specified in the charter of a public association.

The founders of the public association are individuals(at least three) and legal entities - public associations that convened a congress (conference) or general meeting at which the charter of a public association is adopted, its governing and control and auditing bodies are formed.

Types of public associations

Public associations may different types and be created in one of the following organizational and legal forms:

  • public organization;
  • social movement;
  • public fund;
  • public institution;
  • body of public initiative;
  • Political Party".

Unlike many forms of NCOs, registration of a public association requires an additional package of documents and longer periods for consideration of the application. Due to the slightest inaccuracy in the application or submitted documents, the Ministry of Justice will immediately refuse to register a non-profit organization, which means that the whole procedure will have to be started anew, and the money for paying the state duty (see below) will not be returned. In addition, a refusal will follow if the person founding the public association cannot be a founder in accordance with the Federal Law or if a non-profit organization with the same name has already been registered.

Deadlines for registering a public association in Moscow and the Moscow Region in 2020

Employees of the company "Jus Liberum" have extensive experience in the field of registration non-profit organizations and are ready to advise the client on choosing the most correct form NPO that best suits its objectives. Our lawyers have high level qualifications to provide comprehensive assistance in the registration of NGOs of any kind - public associations, foundations, associations (unions), institutions, homeowners associations, housing cooperatives, etc. They will prepare the required set of documents and represent your interests in all instances - the Ministry of Justice of the Russian Federation, Rosstat, tax office, off-budget funds (PF, FSS) and banks, thereby significantly saving time and effort to go through all stages of approval.

Consultations of Jus Liberum specialists on issues related to the registration of a public association, including the choice of the legal form of an NPO, are provided FREE OF CHARGE.

Public association registration services

  • Preparation of documents required for state registration public association in the Ministry of Justice Russian Federation, including the development of the charter of the NPO, the structure of the governing bodies, the definition of goals and activities.
  • Submission of prepared documents to the Ministry of Justice of the Russian Federation.
  • Representation in the Ministry of Justice of the Russian Federation of the interests of the customer related to the state registration of a public association.
  • Tax registration.
  • Obtaining documents confirming the fact of state registration, including a certificate of registration of a public association.
  • Receipt of an information letter on registration in the Statistical Register of Rosstat (statistics codes).
  • Print making.

Additional services upon registration of an NPO

  • Registration in off-budget funds (PF, FSS).
  • Opening a current account.
  • Provision of a legal address for registration of an NPO.
  • Obtaining an extract from the Unified State Register of Legal Entities.

List of documents required for the creation and registration of a public association

  • The name of the public association.
  • Passport data of the founders - individuals, details of the founders - legal entities, including passport data executive body founding legal entity.
  • Passport data of the head.
  • Goals, subject of activity and type of public association.
  • Address for registration (if the address is provided by the customer).

Our experts will prepare everything Required documents for registration of a public association, as well as organize their certification by a notary at any time convenient for the customer without a queue.

Benefits of registering a public association with Jus 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 the constituent and other documents of a public association in order to pass all stages without comments.
  • Support and control of the procedure for registering a public association.
  • Compliance with the statutory deadlines for registration.

The cost of services for registering a public association in Moscow and Moscow Region

Registration Services Price
Registration of a public association from 30 000 rub. – depending on the specifics of NCOs;
4 000 rub. - stamp duty.
Making changes to founding documents public association 12 000 rub. - services;
800 rub. - stamp duty.
Legal address for registration of a public association from 15 000 rub.
Amendments to the Unified State Register of Legal Entities (change of director) 8 000 rub.
Opening a current account 3 000 rub. as extra. check-in service
Obtaining certificates from extrabudgetary funds (PF and FSS) 3 000 rub.
Obtaining an extract from the Unified State Register of Legal Entities 2 000 rub.
Carrying out the procedure for the reorganization of a public association from 60 000 rub.
Liquidation of a public association from 80 000 rub.
Registration of trademarks and service marks from 25 000 rub.
Obtaining Rosstat codes 2 000 rub.

For questions related to, please contact our specialists by phone: +7 (495) 507-99-13 , +7 (495) 642-45-97 .

A public association is understood as a voluntary, self-governing, non-commercial formation created on the initiative of citizens united on the basis of a common interest to achieve common goals specified in the charter of a public association (Article 5).

The law in question applies to all public associations, with the exception of religious organizations, as well as commercial organizations and non-profit unions (associations) created by them (Part 1, Article 2). With regard to this legal norm, one can ask questions about the expediency or inappropriateness of these exceptions, but the first problem that arises in connection with the implementation of this law is, in our opinion, that the operation of the law, without any significant exceptions, extends to the activities of all created public associations. on the territory of the Russian Federation of their structural subdivisions: and organizations, and branches, and branches, and representative offices, including representative offices of foreign non-profit non-governmental associations (part 2 of article 2)”.

The essence of the problem is that a public association, having gone through all the bureaucratic obstacles and obstacles to its creation at the federal level, in fact must go through all these bureaucratic procedures and nit-picking also at the regional level in each subject of the federation when creating either a regional organization or a branch there. or branch or representative office. The law does not specify or delineate all these forms of internal subdivisions of a public association. The law only specifies that the registration procedure for all these units in the regions is the same as at the federal level (with minor simplifications, as will be noted below).

The founders and members of a public association may be individuals (at least three) and legal entities - public associations (other legal entities - government bodies and institutions, enterprises and other commercial organizations - cannot establish public associations). The newly created public association must first of all convene a constituent congress (conference) or general meeting, at which a decision should be made on the creation of the association itself and on the registration of its charter, and form its governing and control and audit bodies. The operative part of the decision of the congress (conference) should, therefore, look something like this:

"one. Create public organization Society of Wildlife Lovers "Green Planet";

2. Approve the Charter of the public association "Society of Wildlife Lovers "Green Planet".

Decisions on the formation of the governing and control and audit bodies of a public association are more reasonable to be adopted separately.

From the moment such decisions are made, the association is considered established (Art. 6, 18).

It is necessary to determine the organizational and legal form of a public association, taking into account the goals and objectives set. When choosing a legal form, it must be taken into account that the current legislation allows the creation of public associations - legal entities only in those forms that are expressly provided for by law. To simplify the selection procedure, two questions must be answered:

1. Will your public association be based on membership, and if so, will legal entities or individuals be members of the association, or both.

2. Who will be the founder of the association.

Public associations can be created in one of the following organizational and legal forms:

1. Public organization. Public association based on membership, created on the basis of joint activities to protect common interests and achieve statutory goals. Individuals and legal entities can be members of the organization (this provision is indicated in one of the clauses of the charter). The highest governing body is the congress (conference). The permanent governing body is an elected collegial body accountable to the congress (conference). Such a body exercises the rights of a legal entity on behalf of a public organization and performs its duties in accordance with the charter. Property owners are public organizations with the rights of a legal entity. Each individual member does not have ownership of a share of this property. Structural subdivisions (departments) operating on the basis of a single charter of the organization have the right to operational management of the property assigned to them. In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property is the union (association). Territorial organizations that are part of the union (association) as independent entities are the owners of their property.;

2. Social movement. public association, massive, consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the movement. The highest governing body is the congress (conference) or general meeting. A permanent governing body is an elected collegial body accountable to a congress (conference) or general meeting. Such a body exercises the rights of a legal entity on behalf of the public movement and performs its duties in accordance with the charter. On behalf of the social movement, the rights of the owner of property entering the social movement, as well as created and (or) acquired by him at the expense of own funds, carried out by its permanent governing bodies, specified in the charter.;

3. Public fund. A public association that does not have membership and is engaged in the formation of property on the basis of voluntary contributions, other non-prohibited receipts and its use for socially useful purposes. Such property is not the property of the founder or manager of the property of such a fund. The governing body is formed by the founders and (or) participants, either by the decision of the founders, or by election by the participants at a congress (conference) or general meeting. On behalf of the public fund, the rights of the owner of the property are exercised by its permanent governing bodies, specified in the charter;

4. Public institution. A non-membership public association engaged in providing specific type services corresponding to the statutory purposes. Management is carried out by persons appointed by the founder (founders). A public institution created and financed by the owner (owners) exercises the right of operational management in relation to the property assigned to it. A public institution receives property on the basis of the right of operational management from the founder (founders). With regard to such property, the public institution shall exercise the rights of possession, use and disposal within the limits established by law, in accordance with its statutory purposes. A public institution is not entitled to alienate or otherwise dispose of the property assigned to it without the written permission of the owner.;

5. Organ of public initiative. A public association that does not have a membership and is engaged in the joint decision of various social problems arising from citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited circle of persons whose interests are related to the achievement of statutory goals. Such an association is formed on the initiative of citizens interested in solving these problems, and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of the founders. The body of public amateur performance has no higher bodies and organizations above itself. The subject of ownership in the body of public amateur performance is the body of public amateur performance itself, which, after its state registration, is assigned the rights of a legal entity.

The specified list of organizational and legal forms is exhaustive and is not subject to broad interpretation. But at the same time, the same article of the law introduces the concepts of political public associations: political organizations, political parties and political movements, organizational - legal forms which the law defines the same public organization (for a political organization, including a political party) and a public movement (for a political movement) (Part 2, Article 7). The question arises - why is such a confusion of concepts established?

Practice answers this question with numerous nit-picking by officials of various levels in the sense that various kinds of bans are arbitrarily established on the names of certain associations as a political organization or a political party, or a political movement, and this is justified by the fact that the law provides only for such organizational and legal forms, like social organizations or social movements. And such nit-picking from formal very quickly turns into fundamental, preventing the registration of such political associations and their structural subdivisions, in particular, at the regional level, for which state registration is mandatory.

The official name of a public association must contain an indication of its organizational and legal form and the territorial scope of its activities.

Depending on the territorial scope of activity, Russian public associations are divided into:

- all-Russian who have their structural units(organizations, branches, branches and representative offices) and thus carry out their activities in the territories of more than half of the constituent entities of the Russian Federation,

- interregional, having their own subdivisions and carrying out their activities in the territories of less than half of the subjects of the Russian Federation,

- regional, whose activities are carried out within the territory of one subject of the Russian Federation and

- local operating within the territory of the body local government(v.14).

An all-Russian public association may, without special permission, use in its name the names "Russia" or "Russian Federation", or the corresponding phrases. The personal name of a citizen may be used in the name of an association only with written consent his or his legal representatives.. The name should not offend morality, national and religious feelings of citizens.

The symbols of public associations should not coincide with any state symbols and violate anyone's intellectual property rights.

Another problem that needs to be considered before state registration is how the organization's activities will be described in the charter. Unlike commercial structures, which may have civil rights and bear civil obligations necessary for the implementation of any types of activities not prohibited by law, public associations may have civil rights only corresponding to the objectives of the activity provided for in their constituent documents, and bear obligations related to this activity.

It is extremely important for registering and other government officials, among other things, the requirement of the newly introduced Article 12.1. the law stating that the charter of a political public association, among the main goals, should include participation in the political life of society by influencing the formation of the political will of citizens, participation in elections to state authorities and local self-government bodies by nominating candidates and organizing their election campaign, participation in the organization and activities of these bodies (part 1 of article 12.1.). In the absence of such an indication in the charter, a political organization will not be allowed to participate in elections: the election commission will refuse to register candidates for elective positions nominated by this organization, as well as to register the organization itself (in the case of voting on the lists of electoral associations, blocs and political parties ).

Citizens who want to create a political public association and participate in elections in the future are at great risk if they dare to change the above wording of the law in any way or exclude something from it.

The problem lies in the fact that, on the one hand, the law guarantees the right of citizens to create public associations of their choice without prior permission from state authorities, but, on the other hand, it makes the acquisition of the right of a legal entity by this association (part 1 of Art. 3.4 article 3).

In practice, this guarantee means "pure water" fiction, since not a single such public association will be able to function normally without being a legal entity: it will not be able to open its bank account, it will not be able to rent premises, etc. etc., so it has to seek state registration.

The legal capacity of a public association as a legal entity arises only from the moment of state registration of this association (part 4 of article 18).

A political public association is subject to mandatory state registration (Part 2, Article 21).

State registration of all-Russian and international public associations is carried out by the Ministry of Justice of the Russian Federation, interregional - by the justice authority at the location of its permanent governing body, regional and local - by the justice authority of the corresponding subject of the Russian Federation (parts 3,4,5 of article 21) .

From the moment of the emergence of legal capacity, state registration as a legal entity, the law directly states that, in order to achieve its statutory goals, a public association has the right to:

a) freely disseminate information about their activities;

b) participate in the development of decisions of state authorities and local self-government bodies in the manner and to the extent provided for by the current legislation;

c) hold meetings, rallies, demonstrations, marches and pickets;

d) establish funds mass media and carry out publishing activities;

e) represent and defend their rights, the legitimate interests of their members and participants, as well as other citizens in state authorities, local governments and public associations;

e) take initiatives on various issues public life to submit proposals to public authorities;

g) participate in election campaigns in accordance with federal laws and laws of subjects of the Russian Federation on elections;

h) nominate candidates (lists of candidates) during elections to state authorities and local self-government bodies (in case of state registration of a public association as a political public association).

Along with the above rights, a public association has certain obligations, including:

a) compliance with the legislation of the Russian Federation, generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by its charter and other constituent documents;

b) to publish annually a report on the use of its property or to ensure the availability of familiarization with the said report;

c) annually inform the body registering public associations about the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the leaders of the public association in the amount of information included in the unified state register of legal entities;

d) submit, at the request of the body registering, public associations, decisions of the governing bodies and officials public association, as well as annual and quarterly reports on its activities in the amount of information submitted to the tax authorities;

e) allow representatives of the body registering public associations to attend events held by the public association;

f) provide assistance to representatives of the body registering public associations in familiarizing themselves with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation.

Failure to fulfill the above obligations gives grounds for the body registering public associations to issue a written warning to the governing bodies of the public association, indicating the specific grounds for such a warning.

General supervision over the observance of laws by public organizations is carried out by the Prosecutor's Office of the Russian Federation. In general, control over compliance by a public association with existing norms and standards can be exercised by various state supervision and control bodies (fire, environmental, and others).

The opening of a public organization (NPO) is carried out to satisfy the non-material needs of citizens: for example, to develop science, sports, provide charity and help those in need, to protect rights and resolve conflicts, as well as for political or religious activities. By registering such an organization, you will be able to receive support from the state, and this also gives it the right to a reputation - after registration, no one will be able to use the name of your organization, the main idea and the association will be completely legal.

Registration of a non-profit public organization

The public association may also commercial activities, but on the condition that they must direct funds to the needs of society, and at the same time they should always be ready to prove their spending with documents. Sometimes NGOs are opened in order to help a parallel existing commercial organization.

In order to issue state registration of a public organization, it is important to take several steps:

  1. Select one or more founders of the company. This may be a legal entity, a capable citizen of the Russian Federation, or a foreigner.
  2. Next, finally decide what kind of activity you will have. The Charter should specify in detail all its types and types. Also, this information should be submitted to the Unified State Register of Legal Entities (Unified State Register of Legal Entities).
  3. Come up with a name for your organization. According to the rules, it should be in Russian, and it should be clear from it what the company does.
  4. Specify an address. If the organization rents the premises, provide a lease agreement. If it is owned by the company, you need to bring a document confirming this.
  5. Prepare documents and pay the state duty. You need to submit them to the Ministry of Justice (Ministry of Justice) - come there in person or register on the State Services portal and complete all the necessary actions online.
  6. Get a certificate of registration. It will contain three items: the name of the organization, its address and an individual code.

The registration period for a public organization usually takes about 30 days: the Ministry of Justice considers your application for two weeks, and, if a positive decision is made, sends documents to the Federal Tax Service (Federal Tax Service), there, within 5 days, NPOs are entered into the register, notify the Ministry of Justice and send a package them back, after which for three days certificate is issued.

Documents for registration of a public organization

The Ministry of Justice needs to prepare:

  • Application (two copies).
  • The future charter of the organization or constituent documents (in triplicate).
  • Protocol. It should say about the decision to create a community, as well as the approval of the association, and indicate information about the appointed bodies (in two copies).
  • A document confirming the payment of the state duty (original and copy), information about the founders (two copies).
  • A document confirming the address of the location of the office or any other premises through which communication with the bodies of the association will be carried out (this may be a lease agreement or proof of ownership).
  • A document confirming the right to use the name and symbols (if any).
  • If one of the founders is a foreign person, there must be a certificate confirming his legal status issued in his country. Also, in this case, you will need to write another application for inclusion of the NPO in the register of organizations performing the functions of a foreign agent.

Registration of a regional public organization is carried out in the same way as in the case of federation-level associations. Last up to 1 month, the amount of the state duty is 4 thousand rubles.

Refusal to open a public organization

Sometimes they may refuse to open and register an NPO. It is useful to know in advance which factors will make it difficult to register, so that you can avoid them from the very beginning.

Here are some of the most common reasons why an organization may not be approved:

  1. You have not provided all the required documents.
  2. The founder does not have the right to hold this position (according to the laws of the Russian Federation).
  3. The information that was provided turned out to be false.
  4. A similar company name already exists.
  5. The name offends or hurts the feelings of others.
  6. The documents were submitted to the wrong department of the Ministry of Justice.

If the refusal was dictated by something from this list or because of some other points that can be changed, do it and resubmit the documents. If the refusal seems unfair and unreasonable to you, you can apply to the court.

Creation of a public association without registration

It is possible for a public organization to exist without registration. It differs from an ordinary NPO in that it is not subject to all the norms of the state (for example, the right to symbols and names), but representatives of such an association do not need to spend a lot of money and time to register an organization. Also, you do not need to additionally take care of bookkeeping and tax reporting.

To create an NPO without registration, you need:

  1. First, you should choose the organizational and legal form of the association.
  2. Next, decide on the name of the organization and its goals.
  3. The next step is to develop a charter (a sample can be found on the government website).
  4. And the last thing is to convene a general meeting at which to approve the charter and the creation of the association.

In order to open a public association in this case, it is necessary that more than 3 people gather (they may not be legal entities) and made a decision that they want to create a certain association based on common interests. At such a meeting, minutes should be drawn up, as well as a charter.