Application for state registration of a non-profit organization upon its creation. Form PH0001. How to open an NGO Table information about the founders of a non-profit organization sample

In order for the registration of a new company to be successful, it is necessary to properly prepare the documentation for the registration procedure in the state body, while taking the charter Special attention. 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 secure the legal status of the organization, and further bring chaos to the company's activities. We will give in the article a sample charter of an NPO, we will show how the title page and the entire document are drawn up.

Features of the charter of an NPO

The charter is a document of the founding type, which is drawn up at the stages of formation of any organization, regardless of its form. For a non-profit partnership, public organization and foundation, the charter is the basis of the founding package. If an association or union is created, then in the number binding documents include a shareholder agreement.

The charter of an NGO includes great amount 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 management 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 operation after liquidation;
  • Conditions for participation in the work process of the organization;
  • Conditions and procedure for the exit / entry of members - if the organization was created through membership, their rights and obligations, exclusion rules should be indicated.
  • Further, 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, which 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 a mention of branches, branches and representative offices.

The charter contains information about the name non-profit organization, the nature of its working activity and social and legal form is indicated. For example, if a fund is formed, then this word is present in the title with a corresponding link.

Charter of a non-profit organization - sample 2017-2018

The charter of a non-profit organization for 2017-2018 is the main document regulating the basis of its activities. The law defines the requirements for it and its registration, but leaves to the discretion of the founders of a non-profit organization (hereinafter referred to as the NPO) a number of provisions in respect of which they independently decide whether to reflect in the charter.

Sample NGO Charter - ANO.docx

How to prepare an NGO charter

P. 3 Art. 123.1 Civil Code The Russian Federation established that the charter of an NPO corporate form approved at the founding meeting or conference of a non-profit organization. By the time they are convened, a draft document must be prepared and sent to the founders for approval and subsequent approval.

For unitary NPO the charter is approved by the founder, the owner of the property - depending on the form of the NCO, the availability special rule applicable to a given type of organization or a particular organization.

After the charter is approved, the documents of the legal entity are submitted for registration to the Ministry of Justice. In paragraph 3 of Art. 14 of the Law No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations” (hereinafter referred to as Law No. 7-FZ) defines a list of information that must be included in the charter of an NPO. It:

  • location (according to clause 2, article 4 of Law No. 7-FZ, it coincides with the place of registration);
  • management procedure (bodies and their powers);
  • the goals of the activity (non-commercial) and the specific subject (types of activity, their list must be exhaustive, the wording “and others” is unacceptable);
  • information about separate divisions;
  • rights and obligations of NPO members, if membership as a form of participation is provided, then the procedure for joining and terminating membership;
  • information about the property of the NPO and the sources of its occurrence, its fate upon termination of activities;
  • description of the symbols of the organization;
  • procedures for changing documents.

Model Charter of the Ministry of Justice of the Russian Federation

In 2016, the Ministry of Justice of the Russian Federation prepared recommendations on the drafting of a model charter for NGOs; they can be found on the website of the Ministry of Justice. The recommendations were developed taking into account the prevailing law enforcement practice. Based on them, when preparing a draft charter, it is necessary to comply with the requirements of the Administrative Regulations approved by Order of the Ministry of Justice of Russia dated December 30, 2011 No. 455 (hereinafter referred to as the Regulations).

  • Refusal of obligatory registration of the title page.
  • Continuous numbering of all pages.
  • Dividing the document into sections, numbered in Roman numerals, chapters and articles.
  • Description of the symbolism or coat of arms of the NPO in the form of an annex to the charter.
  • When developing the name of the organization, compliance with the requirements for its clarity, clarity and information richness. If an NPO intends to use the name of the Russian state in its brand, it will need to obtain permission in the manner determined by a government decree Russian Federation dated September 24, 2010 No. 753.

Nuances to consider when preparing a charter

The charter of an NPO provides for the possibility of structuring the management of an NPO in the most convenient way for the founders. So, the decision-making can be transferred to the competence of the collegiate body:

  • about creating other legal entities and participation in them;
  • creation of branches in other regions and opening of representative offices.

At the discretion of the founders to be reflected in the charter, there are also such issues as:

  • indication in the charter of information about the founders;
  • an indication of the NPO's right to engage in income-generating activities in accordance with its general objectives and specific types this activity, the direction of profit for specific purposes;
  • the right to form target capital;
  • regulations for the functioning of the higher and executive body management, the frequency of meetings, the order of their conduct.

Unlike an LLC, the Ministry of Justice does not offer a standard form of the charter of an NPO that facilitates the registration process. On facilitating the registration procedure based on standard documents can be found in the article Sample LLC charter in 2017.

A sample charter of a non-profit organization for 2017-2018 can be downloaded from the link: Charter of NGOs 2017-2018 - sample.

When drawing up a document, it must be remembered that the requirements of the charter are binding on all participants. So, by the decision of the Moscow arbitration court dated 06/23/2017 in case No. A40-42357/17, the legitimacy of establishing requirements for the qualification of participants in the charter was confirmed.

Amendments to the charter of an NPO

Amendments to the charter of an NPO, similar to the procedure for its adoption, are carried out at the general meeting of participants, by decision of the founder or, if provided for by the charter, by the highest collegial body. The procedure for making changes should be reflected in a separate section of the charter. In particular, they are introduced in case of changes in the legislation governing the activities of NGOs. A number of changes, in particular in the composition of the founders, change of legal address, types of participants, are not subject to reflection in the charter, but information about them must be entered (and, if necessary, changed) in the Unified State Register of Legal Entities.

The ability to provide for the procedure for changing the charter in itself is limited by special rules established by the Government of the Russian Federation or the highest executive bodies of the region, settlement - for state-owned enterprises of the corresponding level.

Registration of changes is carried out in accordance with the requirements of the Regulations by the Ministry of Justice of the Russian Federation, and the obligation to transfer information about changes to the Unified State Register of Legal Entities falls on its shoulders. The package of documents for making changes includes:

  • mandatory new editions (in 3 copies);
  • protocol on their adoption;
  • application in the form P13001;
  • information about the founders;
  • tax payment information.

Change of legal address of NPO

For an NPO, the process of changing the legal address does not necessarily entail changes to the charter. According to paragraph 2 of Art. 4 of Law No. 7-FZ, the location of the company indicated in the charter coincides with the place of registration and is reflected in the charter only as a name locality. The Ministry of Justice of the Russian Federation during registration does not require the obligatory indication of specific data in the charter, such as:

  • street name;
  • index;
  • number of the room.

All this information is entered in the application for registration.

Thus, when changing location within the same locality, if specific data were not initially included in the charter, it will not be necessary to make changes to it in connection with a change in the legal address of the NPO. In this case, information about the changes will be required in without fail to be entered into the Unified State Register of Legal Entities by submitting the relevant applications.

When drawing up the charter of an NPO, the legislator does not limit the NCO to strict regulation and makes it possible to reflect in the document that management system, the procedure for amending the charter that will be convenient for the organization. Exceptions are made for state-owned enterprises, in respect of which the norms on the charter are introduced by the competent authority.

Sample charter of a non-profit organization

The introduction of amendments to the Civil Code, introduced by Federal Law No. 99 dated May 5, 2014, divided NPOs into corporate and unitary ones. We will understand the classification, and also give ready-made examples, which can be used to develop, for example, a sample 2018 non-profit association charter.

Non-profit corporate organizations

According to article 123.1 of the Civil Code of the Russian Federation, NBCOs are legal entities that:

  • do not pursue profit as the main goal of their activities;
  • do not distribute the received profit among the participants;
  • founders of NCOs acquire the right to participate (membership) in them on an equal basis with other participants (members);
  • the supreme body of the NCCO is the general meeting (conference, congress) of participants (members).

The NCCO is created by the decision of its founders, adopted at the general meeting of the founders, where the governing bodies of the NCCO are formed and the charter of the NCCO is approved, which is the main constituent document. The NCCO is the owner of its property.

NCCOs include:

  • consumer cooperative - a voluntary association of citizens or citizens and legal entities based on membership in order to meet their material and other needs, carried out by combining property share contributions by its members;
  • public organization - a voluntary association of citizens united on the basis of their common interests to satisfy spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law;
  • public movement - a public association consisting of participants pursuing social, political and other socially useful goals supported by participants in the public movement;
  • association (union) - an association of legal entities and (or) citizens, based on voluntary or, in cases established by law, on mandatory membership and created to represent and protect common, including professional, interests, to achieve socially useful goals, as well as other, not contrary to the law and having a non-commercial nature;
  • association of real estate owners - a voluntary association of owners real estate(premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, horticultural, gardening or suburban land plots, etc.), created by them for joint possession, use and within the limits of disposal established by law property that is in their common ownership or in common use, as well as to achieve other goals;
  • Cossack society - included in State Register of Cossack societies in the Russian Federation, an association of citizens created in order to preserve the traditional way of life, business and culture of the Russian Cossacks, as well as for other purposes provided for by Federal Law No. public service Russian Cossacks”, who voluntarily assumed, in the manner prescribed by law, obligations to perform state or other service;
  • community of the indigenous people of the Russian Federation - a voluntary association of citizens belonging to one of the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial-neighborhood in order to protect the original habitat, preserve and develop traditional ways of life, management, crafts and culture;
  • Chamber of Advocates - based on mandatory membership for the implementation of the goals provided for by the legislation on advocacy and advocacy;
  • legal entity that is a legal entity (bar association, law office, legal consultation), - created in accordance with the legislation on advocacy and advocacy for the purpose of advocacy by lawyers;
  • notarial chamber - professional association, based on compulsory membership and created to achieve the goals provided for by the legislation on notaries.

Non-profit unitary organizations

The federal legislation does not give a clear definition to the entire class of NKUO, unlike NKKO. The main difference is that participation in them is not based on membership, although property investments of both individuals and legal entities form the property of the NCUO. The main founding document is the charter.

The NCOs include:

  • fund - does not have membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing charitable, cultural, educational or other social, socially useful goals;
  • institution - created by the owner for the implementation of managerial, socio-cultural or other functions of a non-commercial nature (state, municipal, private institution);
  • autonomous NPO - does not have membership and is created on the basis of property contributions from citizens and (or) legal entities for the purpose of providing services in the areas of education, healthcare, culture, science and other areas of non-commercial activity;
  • religious - voluntary association constantly and on legal grounds citizens of the Russian Federation or other persons living in the territory of the Russian Federation, formed by them for the purpose of joint confession and dissemination of faith and registered in the manner prescribed by law as a legal entity.

The charter of a non-profit organization is developed taking into account the specifics of its activities, whether it is classified as a corporate (membership-based) or unitary organization. The charter must contain the following information:

  • about the name and location;
  • the subject and goals of its activities;
  • on the composition and competence of the governing bodies and the procedure for their decision-making;
  • on the procedure for the distribution of property remaining after liquidation.

Charter of a non-profit public organization (NPO)

Charter of a non-profit organization (NPO): general provisions

The charter of a public organization, according to Art. 14 of the Law "On non-commercial ..." dated January 12, 1996 No. 7-FZ, is its constituent document. It defines the basic rules of the organization's activities, binding on its bodies and all participants. The list of information that should be contained in the charter of a non-profit organization is indicated in paragraph 3 of Art. 14 of law no. 7.

For example, the articles of association must state:

  • name of the organization, which must contain the full designation organizational form according to Art. 6 of Law No. 7, as well as an indication of the main areas of activity (environmental, fire fighting, sports, etc.);
  • location of the organization (place of registration);
  • the subject and goals of the activity, while the goals are understood as areas of activity, the subject - the methods through which the implementation of the stated goals is planned;
  • rights and obligations of members of the organization, conditions for admission to membership and withdrawal from the organization;
  • organization management procedure (list of management bodies and their competence);
  • information about branches and representative offices, if any (this issue is discussed in detail in our other article).
  • sources of replenishment of the organization's property and the procedure for its use in accordance with the stated objectives of the activity;
  • the procedure for adjusting the charter, as well as the conditions and rules for the transformation (liquidation) of the organization;
  • other information.

The charter is approved, in accordance with the requirements of Art. 14 of Law No. 7, at the constituent meeting of members of a public organization and subsequently, together with other documents (they are listed in paragraph 5 of Article 13.1 of Law No. 7), is submitted to the regional division of the Ministry of Justice of the Russian Federation.

Introducing information on the implementation of entrepreneurial activities by NCOs into the charter

By virtue of Art. 2 of Law No. 7, public organizations are created to achieve socially significant goals, their activities do not imply the extraction of profit from their work and its subsequent distribution among the participants. However, the legislation does not prohibit the conduct of entrepreneurial activities by a public organization for the purpose of the subsequent distribution of income for the purposes of functioning declared by it.

If an organization plans to conduct a limited entrepreneurial activity(e.g. produce goods, provide services, commercial operations with property), the types of activities used, in accordance with paragraph 2 of Art. 24 of Law No. 7, must be listed in its charter.

Form, structure, sample charter of an NPO in 2018

The charter is submitted for registration in 3 copies, in accordance with paragraph 41 of the administrative regulations approved by the order of the Ministry of Justice of the Russian Federation “On approval ...” dated December 30, 2011 No. 455.

Practitioners should remember that current legislation not approved unified forms for the charters of organizations of the organizational-legal form under consideration, therefore, in their preparation, general rules legal practice. Also, when drawing up a charter, you can use the recommendations posted on the official website of the Ministry of Justice of the Russian Federation.

In particular, when drawing up the charter, the Ministry of Justice recommends numbering all pages (in this case, the design of the title page and its numbering is carried out at the request of the applicant). In addition, charters submitted for registration must be stitched. The applicant's signature is indicated when flashing with reverse side the last page of the document.

The statute itself is divided into separate parts. When designating them, you can use such structural units as section, chapter, article, paragraph. Articles and paragraphs are numbered Arabic numerals, the numbering of sections and chapters (if any) can also be performed in Roman.

For greater clarity, we suggest that you study an example of a charter drawn up in accordance with the recommendations of the Ministry of Justice of the Russian Federation, taking into account the requirements Russian legislation operating in 2018.

As you can see, the charter is a multifaceted document that reflects the most significant issues of the functioning of the organization, which should take into account both the current work of the organization and possible prospects. The recommendations in the article will help to draw up a legally and technically competent document in practice.

Associations that conduct their activities without pursuing commercial goals are classified as legal entities. Therefore, they are required to comply with special legal norms and regulations. These include the procedure compulsory registration. For its passage, pre-compiled and approved statutory documents are required. As a rule, their formation raises a significant number of questions from the founders of the NP.

Registration of a non-profit partnership

The current legislation obliges organizations of a non-profit nature to go through the registration procedure through the Federal tax service. This process includes several steps:

  1. The first of them involves the need to draw up constituent documents: the charter of the organization, or the charter agreement.
  2. Further, the approved document must be sent to the Department of the Ministry of Justice (Ministry of Justice). There, experts will conduct a due diligence and decide on the possibility of registering a non-profit organization. The confirmation of a positive decision is the registration form.
    The document issued by the Ministry of Justice must be transferred to the tax service of the entity where the non-profit partnership is located. Tax officials will complete the registration procedure by entering the relevant information into the Unified State Register of Legal Entities.
  3. Only on the fact of having a certificate of registration in single register the society can accept members and membership fees into its ranks, as well as carry out its main activities.

What is a non-profit partnership?

Under the concept of organizations that are not commercial, it is customary to understand public and religious associations, professional associations and guilds (for example, the union of builders), interregional communities. They are united by activities that are aimed at the development of socially significant, cultural and scientific issues. The subject of activity is assistance in these aspects. However, commercial gain is not the goal of such alliances. That is, to put it simply, such associations are a club of persons interested in resolving issues on a gratuitous basis of significant issues.

Non-commercial partnership refers to special kind legal entities. To date, a fairly common form of such organizations is a dacha non-profit partnership. These organizations are usually created on the basis of voluntary desire. When answering the question “Dacha non-profit partnership, what is it?” It should be borne in mind that all non-profit societies have a specific goal, which determines the type of its activity. For DNP, such a goal is to resolve issues that affect horticultural and horticultural activities. DNP is formed on the basis of membership fees, is required to be registered and reflect its activities and its nature in founding documents.

How to create a non-commercial production?

The process of building partnerships starts with the formation statutory fund. It is determined by the founders of the company and is further reflected in the Charter. This fund can be presented in the form of share capital, as well as share capital. Further documents are formed, which will be the basis for further activities of the partnership. They should reflect the basic information that is necessary to regulate important issues about the future functioning of the organization. They are approved by general meeting members of a non-profit alliance.

After the drafting and approval of the statutory documents, the partnership is subject to mandatory registration. Only after passing through all these procedures will it be possible to accept new persons on the list of participants and carry out their activities.

Charter of a non-profit partnership sample 2018

The most time-consuming process during the creation and registration of an NPO is the formation of a charter. However, the current federal legislation determines what information should be reflected in it or the statutory agreement. To the number mandatory information applies to:

  • the name of the organization (it is better if it reflects the field of activity, for example, “association of professional construction experts and appraisers);
  • indication of the organizational and legal form;
  • information about the location of the partnership (it can even be registered at the home address of one of the founders).

The title page must reflect the name of the document and information about the protocol of its adoption (number, signature).

The text of the statutory document itself may have chapters or sections in its structure, as well as articles defining its provisions. They should contain information about such basic features of the company as:

  • the purpose of the activity and its subject;
  • management procedure;
  • list of rights and obligations of NCO members;
  • requirements for admission to membership, as well as the procedure for withdrawing from it;
  • information about the acceptable designations of the company (coat of arms, emblem, logo) and their description;
  • information on the structure of the partnership, terms and competence of its governing bodies.

Among other things, the charter must have a section explaining the procedure for the operation of property belonging to the partnership in the event of termination of its activities. It would not be superfluous to explain how changes and amendments to the statutory documents are possible. Disputes regarding such an association are settled by arbitration.

A sample non-profit partnership charter can be downloaded here:

Law on SRO 315 FZ as of 2016

Federal law number 315 is the main regulatory framework regulating the activities of organizations of a self-regulatory type. Non-commercial partnership just refers to those, and therefore exists in accordance with the provisions of this law.

In accordance with Article 13.1 of the Federal Law of 12.01.1996. No. 7-FZ "On non-profit organizations", art. 12 FZ dated 08.08.2001 N 129-FZ “On state registration legal entities and individual entrepreneurs”, Administrative regulations for the provision by the Ministry of Justice of the Russian Federation public service on making a decision on the state registration of non-profit organizations, for the state registration of a non-profit organization upon its creation, the following documents are submitted to the authorized body or its territorial body:

1. an application signed by an authorized person (hereinafter referred to as the applicant), indicating his last name, first name, patronymic, place of residence and contact numbers; form R11001, approved by Order of the Federal Tax Service of the Russian Federation dated January 25, 2012 N MMV-7-6 / [email protected]"On the approval of forms and requirements for the execution of documents submitted to the registration authority during state registration of legal entities, individual entrepreneurs and peasant (farm) enterprises.".

The applicant's signature on one copy of the application must be notarized. There are 2 copies in total.

2. constituent documents of a non-profit organization - charter;
The charter is provided in three copies - two copies are stitched. The third copy is not stitched, but page numbers must be affixed to it.

On the firmware of the document, you must indicate how many pages were stitched. The applicant's signature is placed on each firmware stamp.

3. a decision on the establishment of a non-profit organization and on the approval of its constituent documents, indicating the composition of the elected (appointed) bodies. The decision is the minutes of the constituent assembly or the decision of the sole founder.

In accordance with paragraph 3 of Art. 50.1. The Civil Code of the Russian Federation in the decision on the establishment of a legal entity shall indicate information on the establishment of a legal entity, approval of its charter, on the procedure, amount, methods and terms for the formation of property of a legal entity, on the election (appointment) of the bodies of a legal entity.

The decision on the establishment of a corporate legal entity (Article 65.1 of the Civil Code of the Russian Federation) also contains information on the results of the vote of the founders on the establishment of a legal entity, on the procedure for joint activities of the founders to create a legal entity.

The decision on the establishment of a legal entity shall also indicate other information provided for by law.

Please note that the above information must be included in the decision to establish an NPO.

4. information about the founders (indicated in the relevant annex to the application);

5. document confirming the payment of the state fee. Details for paying the state fee can be obtained from the websites of the territorial departments of the Ministry of Justice of the Russian Federation for the region where the registration of the NPO will take place. Currently, the amount of the state fee for registration of an NPO is 4,000 rubles. The state duty is paid through any bank.

6. information about the address (location) of the permanent body of the non-profit organization, at which communication with the non-profit organization is carried out (indicated in the appropriate column of the application);

7. when using in the name of a non-profit organization the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as full name other legal entity as part of its own name - documents confirming the authority to use them;

8. an extract from the register of foreign legal entities of the respective country of origin or another document of equal legal force confirming legal status founder - a foreign person;

9. copies of constituent documents, certificate of registration or other title documents of a foreign non-governmental non-profit organization (for a branch of a foreign non-governmental non-profit organization).

The list of documents provided during registration is the same for all organizations. Documents for registration must be submitted no later than three months from the date of the decision to establish it.

For some types of NCOs, there are requirements for the provision of additional documents, as well as the availability of information contained in the charter of the organization (religious organizations, public organizations, political parties).

The list of documents to be submitted during registration is the same for all NPOs. Documents for registration must be submitted no later than three months from the date of the decision to establish it.

Non-profit organizations (NPOs) do not have in the course of their operation the goal of making a profit. They differ from other economic entities in their non-standard, variety of types. In practice, it can be difficult to choose a form suitable for a particular area of ​​activity. It is important to correctly prepare the constituent documents, the Charter and go through registration activities. We will tell in the article how the registration of NGOs takes place, in what terms.

Conditions for registration of non-profit organizations

The main document regulating the creation and operation of NPOs is the Law “On Non-Commercial Organizations” No. 7-FZ of January 12, 1996 (hereinafter referred to as the Law). The founders of an NPO may be able-bodied persons or organizations. Association members cannot be:

  • Foreigners and stateless persons whose stay in the Russian Federation is undesirable by law;
  • Individuals and organizations involved in extremism or terrorism;
  • Religious associations whose work has been temporarily suspended due to suspicion of extremism;
  • Persons who do not meet the requirements of the legislation for founders.

While creating public organizations at least three founders are required, for associations and unions - two, for autonomous NGOs - one.

The protocol on the creation of the association is required during registration. It contains data on the founders, working bodies, the essence of the decisions taken, voting results, data on the sources of asset formation, signatures of responsible persons. The main founding document is the Charter. It contains information about the name of the NPO, legal form (OLF), address, purpose of work, rights, obligations of members, the procedure for the formation of assets, their distribution during liquidation, etc.

Step by step instructions for registration

After state registration, an NPO is vested with the rights of a legal entity. She can carry out economic activity and must report on its results. Accounting issues are within the competence of the territorial departments of the Ministry of Justice of the Russian Federation. Also this structure deals with the problems of reorganization and liquidation.

This organization has the right to amend the statutory papers non-profit association, include information about NCOs in the Unified State Register of Legal Entities (EGRLE). The NPO registration procedure includes several stages.

Step 1. Determining the direction and goals of the work

Selection of species economic activity in accordance with the laws of the Russian Federation, the purposes for which the association is created. Unlike commercial ones, NCOs are not entitled to engage in all types of activities listed in OKVED.

Step 2. Determining the legal address

According to civil law, an association must be registered at the location of its executive body. The work of NGOs is controlled by the Ministry of Justice. He can check the legal address. If violations are found, the organization may be subject to sanctions in the form of fines, restrictions, and going to court for forced liquidation.

Example. NPO Address Confirmation. The legal address of the association can be confirmed by a letter of guarantee from the owner of the premises with the following content:

Step 3. Choosing a name for the NPO

According to the legislation of the Russian Federation, the name of an NPO must contain a reference to the legal model and type of activity. The main thing is the conformity of the NPO form and the direction of activity. The correct indication of these data affects the positive decision on registration of the association.

Step 4. Drafting the Charter of the organization

This document must contain the following information:

  • Name of the NPO;
  • Location;
  • management structure;
  • The order of entry and exit of the founders;
  • About branches;
  • Sources of formation of property and its disposal;
  • The procedure for amending the constituent papers;
  • Circumstances of reorganization and closure;
  • Scheme for convening and holding meetings of participants;
  • Other information.

Step 5. Applying for registration

The document has standard form R11001. The form is on the Internet, you can use special program on the tax website. The application is written in two copies, one of which is certified by a notary. The registration authority does not accept copies. Then the application is submitted to the authorized body. If there are errors and inaccuracies, registration will be refused.

Step 6. Payment of the state fee

According to tax legislation, a fee is paid when registering an NPO. Its dimensions for different forms of NCOs are given in the table.

The fee can be paid at any bank. Details are in the Ministry of Justice or on its official website. The receipt for the payment of the fee must contain the data of the person who will apply for registration.

The next steps look like this:

  • Submission of documents to the Ministry of Justice. A complete list of required papers is given in the Law.
  • Obtaining a certificate.
  • Getting statistics codes. The founder or his representative can apply to Rosstat by a notarized power of attorney. It is necessary to submit a certificate, an extract from the Unified State Register of Legal Entities and write a corresponding application.
  • Accounting in funds. NCOs are required to register with pension, medical funds and social insurance.
  • Print making.
  • Account opening. The association selects a bank and opens a current account in it. It will be required for cashless payments.

Ways to register an NPO

3 months after the entry in the Unified State Register of Legal Entities on the reorganization, the representative of the association submits a package of documents for registration:

  • Application (2 copies);
  • Constituent papers (3 copies);
  • Agreement on merger, accession (2 copies);
  • Transfer deed or separation balance sheet (2 copies);
  • Receipt of payment of the fee (except for accession);
  • A document confirming the submission of information on insurance premiums and length of service (optional).

A comparison of two options for the formation of NCOs is given in the table.

An NPO is considered reorganized from the date of registration of the newly created association.

Documents required for registration

The papers must be submitted to the Ministry of Justice within 3 months from the date of the decision to establish an NPO. The list of documents is given in the table (clause 5 of article 13.1 of the Law).

Title of the document Number of copies/copies
Statement2
Constituent papers3
The decision to create2
Member Information2
Toll receipt2 (original/copy)
Address data1

If the name of the association contains the name of a person, symbols related to the intellectual property of the Russian Federation, the name of another organization, then documents must be submitted for the right to use the name. The Ministry of Justice is not entitled to require other papers when registering an association.

Re-registration of a non-profit organization

This procedure is necessary in order to legalize the changes made by registering them with the tax office. After that, they are recognized as valid. NCOs must be re-registered when changing the term of office of the management, name, address, legal form, changes in constituent documents, opening branches.

The procedure consists in making appropriate changes to the Unified State Register of Legal Entities. To complete it, you need to pay a state duty in the amount of 20% of the original. The procedure and terms for making changes are the same as for initial registration associations.

Example. Re-registration fee

RPO "Boxing Federation" has changed its legal address. The organization was first registered in 2014 and paid a state duty of 4,000 rubles. When re-registering, you need to pay the following amount:

4,000 * 20% = 800 rubles

Registration of changes that do not affect the Charter and constituent papers is not subject to state duty. For example, the re-election of the head, changes in the composition of participants or their passport data.

Denial of registration - for what reasons

The Ministry of Justice may refuse to register an NPO on the following grounds (Article 23.1 of the Law):

  1. The submitted documents are contrary to the Constitution and laws of the Russian Federation;
  2. There is an association with a similar name;
  3. The name is offensive in relation to morality, nationality, religion of citizens;
  4. An incomplete package of documents has been submitted;
  5. The founder of an NPO is not entitled to borrow this position in law;
  6. The decision to reorganize, change the constituent papers was made by an unauthorized person;
  7. The unreliability of the information provided was established;
  8. The applicant has not corrected the errors due to which the registration was previously suspended.

The decision to refuse is made in writing with an explanation of the reasons and is transmitted to the applicant within 3 days.

If registration is denied, NPO representatives may agree with this decision. In this case, they have the right to eliminate these shortcomings and re-submit the papers in the same manner. If you disagree with the refusal, you can write a complaint to a higher authority or go to court to appeal the decision made by the Ministry of Justice.

Deadlines for all documents

If there are no grounds for refusal, the Ministry of Justice makes a final decision within 14 days from the date of receipt of the documents. If the outcome is positive, the registering structure sends the papers to tax office. Here, the data is entered into the Unified State Register of Legal Entities within 5 working days.

Rubric “Questions and answers”

Question number 1. Who has the right to be the founder of a military university?

Only the Government of the Russian Federation.

Question number 2. Who manages the NGO?

The highest governing body is the congress or the general meeting.

Question number 3. For what reasons can a bank refuse to open an account?

This is possible if the NPO is not located at the declared address or several other organizations are registered at it. In this case, the bank has the right to require supporting documents, for example, a lease agreement, a certificate. He can also conduct an on-site audit of the NPO's address.

Question number 4. How long does it take to notify the tax office of opening an account?

Since May 2014, it is not necessary to notify the inspectorate about opening an account.

Question number 5. Can a civil servant become a founder of an NPO?

Maybe. For these persons, there are restrictions on doing business. According to the Law on Civil Service in the Russian Federation, they are not entitled to engage in other paid activities, to be in the leadership of commercial structures. The law does not prohibit them from being founders of NGOs.

So, the procedure for registering an NPO is quite laborious. It requires a timely appeal to the Ministry of Justice and the competent preparation of the necessary documents. After receiving the certificate, the association can begin to conduct activities. It is important to follow changes in legislation, to know your rights and obligations.

The procedure for filling out the Application for state registration of a non-profit organization upon its creation:

2.1. In the address part of the Application for state registration of a non-profit organization, upon its creation, the name of the authorized body to which the documents are submitted is indicated.

When submitting an Application for state registration of a non-profit organization during its creation, sheets A, B, F, G to the specified application are subject to mandatory completion. Other sheets of attachments to the application are filled out if necessary.

2.2. Section 1 "Organizational and legal form and name of a non-profit organization".

Items 1.1 - 1.6 are filled in in accordance with the constituent documents of the non-profit organization.

According to Art. 4 of Federal Law No. 7-FZ of January 12, 1996, the name of a non-profit organization must contain an indication of the nature of its activities and legal form.

In accordance with subparagraph "a" of paragraph 1 of Article 5 of the Federal Law of 08.08.2001 N 129-FZ, the Unified State Register of Legal Entities contains information about the full and (if any) abbreviated name of the legal entity.

If in the constituent documents of a legal entity its name is indicated in one of the languages ​​of the peoples of the Russian Federation and (or) in a foreign language, the name of the legal entity in these languages ​​is also indicated in the Unified State Register of Legal Entities.

When used in the name of non-profit organizations (with the exception of political parties, trade unions, religious associations, as well as public associations that have the status of all-Russian) names "Russia", "Russian Federation", the word "federal" and words and phrases formed on their basis must be guided by Decree of the Government of the Russian Federation dated 07.12.1996 N 1463 "On the use in the names of organizations of the names "Russia", "Russian Federation".

2.3. Section 2 "Address (location) of a non-profit organization".

In accordance with paragraph 3 of Article 4 of Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations", the location of a non-commercial organization is indicated in its constituent documents.

According to paragraph 2 of Art. 54 of the Civil Code of the Russian Federation, state registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body, another body or person entitled to act on behalf of the legal entity without a power of attorney.

Based on subparagraph "c" of paragraph 1 of Article 5 of the Federal Law of 08.08.2001 N 129-FZ, the Unified State Register of Legal Entities contains information about the address (location) of the permanent executive body of the legal entity (in the absence of a permanent executive body of the legal entity
person - another body or person entitled to act on behalf of a legal entity without a power of attorney), through which communication with a legal entity is carried out.

When filling in information about the address (location) of a non-profit organization, one should take into account the possibility of communicating with this non-profit organization at the specified address.

2.4. If in paragraph 2.1 the sign "V" marks the address (location) of the permanent governing body,
executive or other body, point 2.2 is filled in; further points 2.3 and 2.4 are filled in.

If in paragraph 2.1 the sign "V" marks the address (location) of a person entitled to act on behalf of a non-profit organization without a power of attorney, then paragraphs 2.3 and 2.4 are filled in.

Clause 2.3 indicates the address in the Russian Federation of a permanent governing body, executive or other body, or a person entitled to act on behalf of a non-profit organization without a power of attorney.

Clause 2.4 indicates the contact phone number with its area code, fax number (if available).

2.5. Section 3 "Date of the decision to create".

The date of the adoption of the decision on the creation of a non-profit organization, reflected in the minutes of the constituent meeting, or another decision on the creation, is indicated.

2.6. Section 4 "Number of founders of a non-profit organization".

Clauses 4.1 and 4.2 indicate the number of founders, respectively, legal entities and individuals. Information about the founders - legal entities and individuals is indicated in sheets A and B of the Application for state registration of a non-profit organization upon its creation.

When submitting an Application for state registration of a non-profit organization upon its creation, information about the founders is filled in separately for each founder.

2.7. Section 5 "Territorial sphere of activity of a public association".

The specified information is filled in only by public associations.

According to Art. 47 and Art. 14 of the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" international, all-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

In accordance with Art. 28 of the Federal Law of May 19, 1995 N 82-FZ, the official name of a public association must contain an indication of the territorial scope of its activities.

Section 5 of the Application for state registration of a non-profit organization upon its creation is filled in in accordance with the territorial scope of activity indicated in the name of the public association in accordance with its charter.

2.8. Section 6 "Number of structural divisions non-profit organization". To be filled in if the non-profit organization has structural units - departments, organizations, branches, representative offices.

Clause 6.1 is filled in only by public associations. The number of branches (organizations) of the public association is indicated. If there are branches (organizations), information about them is indicated in sheet B of the Application for state registration of a non-profit organization during its creation.

In accordance with paragraph 3 of Article 55 of the Civil Code of the Russian Federation, representative offices and branches of a legal entity must be indicated in the constituent documents of the legal entity that created them.

Clauses 6.2 - 6.3 indicate the number of branches and representative offices of a non-profit organization in accordance with the constituent documents. If there are branches and representative offices, information about them is indicated in sheets D, D of the Application for state registration of a non-profit organization upon its creation.

2.9. Section 7 "The number of persons entitled to act on behalf of a non-profit organization without a power of attorney."

Information about a person who has the right to act on behalf of a non-profit organization without a power of attorney is indicated in sheet E of the Application for state registration of a non-profit organization during its creation.

When filling in information about a person who has the right to act on behalf of a non-profit organization without a power of attorney, sheet E of the Application for State Registration of a non-profit organization upon its creation is filled out separately for each person who has the right to act on behalf of a non-profit organization without a power of attorney. The number of completed sheets E must correspond to the number of persons specified in section 7 who have the right to act on behalf of a non-profit organization without a power of attorney.

2.10. Section 8 "Number of types of economic activity".

Section 8 indicates the number of types of economic activities of a non-profit organization.

According to clause 9 of the Regulations on the development, adoption, putting into operation, maintenance and application of all-Russian classifiers of technical, economic and social information in the socio-economic area, approved by Decree of the Government of the Russian Federation of November 10, 2003 N 677 "On all-Russian classifiers of technical, economic and social information in the socio-economic area", the determination by the all-Russian classifier of the code of the classification object related to the activities of an economic entity is carried out by the economic entity independently by referring this object to the corresponding code and name of the position of the all-Russian classifier, except for cases established by the legislation of the Russian Federation.

Paragraph 1 of Article 24 of Federal Law No. 7-FZ of January 12, 1996 provides that a non-profit organization may carry out one type of activity or several types of activity that are not prohibited by the legislation of the Russian Federation and correspond to the goals of the activity of a non-profit organization, which are provided for by its constituent documents.

Types of economic activity are indicated in accordance with the provisions of OK 029-2001 (NACE Rev. 1) of the All-Russian classifier types of economic activity, adopted by the Decree of the State Standard of the Russian Federation of November 6, 2001 N 454-st (hereinafter - OKVED).

Information on the types of economic activity is indicated in sheet G of the Application for state registration of a non-profit organization upon its creation.

2.11. Section 9 "Information about the applicant". Completion of all paragraphs of section 9 is mandatory, for
with the exception of clause 9.5 of the Application for state registration of a non-profit organization upon its creation.

2.12. Subparagraphs 9.1.2 - 9.1.4 indicate the surname, name, patronymic of the applicant in full, without abbreviations, in accordance with the identity document.

Subparagraph 9.1.5 indicates the date of birth of the applicant.

Subparagraph 9.1.6 indicates the taxpayer identification number (TIN) - individual(if available).

The specified subparagraph is filled in in accordance with the certificate of registration with the tax authority in the form established by the federal executive body authorized for control and supervision in the field of taxes and fees.

Clause 9.2 indicates the details of the identity document.

Subparagraph 9.2.1 indicates the type of identity document (passport, identity card, military ID, etc.).

Subparagraphs 9.2.2 - 9.2.6 are filled in on the basis of the data of the identity document. When filling out on the basis of a temporary identity card of a citizen of the Russian Federation, subparagraphs 9.2.2, 9.2.4 and 9.2.6 are not filled out.

Clause 9.3 indicates the address of the applicant's place of residence in the Russian Federation on the basis of an entry in the passport or other document confirming registration at the place of residence.

If the applicant does not have a place of residence in the Russian Federation, paragraph 9.3 indicates the address of his registration at the place of stay.

Clause 9.4 is filled in if the applicant - a foreign citizen or a stateless person - permanently resides outside the Russian Federation. Clause 9.4 indicates the address of the applicant's place of residence in the country of which he is a resident, on the basis of an entry in the document proving the identity of a foreign citizen or stateless person.

If there is no information about the address of the applicant's place of residence in the identity document of a foreign citizen or a stateless person, then paragraph 9.4 is not filled out.

Clause 9.5 indicates the applicant's contact phone number. Subparagraphs 9.5.1 - 9.5.3 indicate the applicant's contact phone number with an indication of his area code, fax number (if available).

2.13. In section 11 of the Application for state registration of a non-profit organization, upon its creation, the signature of the applicant is affixed.

2.14. Section 12 of the Application for state registration of a non-profit organization, upon its creation, is filled out by a notary in accordance with Article 80 of the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 N 4462-1.

2.15. Sheet A "Information on the founders of a non-profit organization - legal entities" is filled in in cases where a non-profit organization, regardless of the legal form, has founders - legal entities.

If there are no legal entities among the founders of the non-profit organization, sheet A is not filled in and is not submitted.

2.15.1. Sheet A is filled out separately for each founder.

2.15.2. The line following the title of sheet A indicates the full name of the non-profit organization being created.

2.15.3. Sections 1 and 2 of sheet A are filled in in accordance with the constituent documents of the founder - a legal entity.

2.15.4. Section 3 "Information about the founder of a non-profit organization - a Russian legal entity".

Clauses 3.1 and 3.2 are filled out on the basis of a document confirming the entry in the Unified State Register of Legal Entities of the first entry about the legal entity (certificates in the forms N P51001, N P50003, N P57001, approved by Decree of the Government of the Russian Federation dated 19.06.2002 N 439 "On approval of forms and requirements for the execution of documents used in the state registration of legal entities, as well as individuals as individual entrepreneurs").

Clause 3.3 "Information on registration before July 1, 2002" is filled in completely if the founder - legal entity does not have the Main State Registration Number.

Clause 3.4 "Address (location) of the founder of a non-profit organization - a Russian legal entity" is filled in in accordance with its constituent documents or with a document containing information about the address (location) of the legal entity.

Clause 3.5 indicates the founder's contact phone number with its area code, fax number (if any).

2.15.5. Section 4 "Information about the founder of a non-profit organization - a foreign legal entity".

It is filled in on the basis of an extract from the register of foreign legal entities of the corresponding country of origin or another document of equal legal force confirming the legal status of the founder - a foreign person.

2.15.6. Section 5 "TIN / KPP" indicates the taxpayer identification number (TIN) and the registration reason code (KPP) of the legal entity in accordance with the certificate of registration with the tax authority in the form established by the federal executive body authorized to control and supervision in the field of taxes and fees.

The specified section is filled out only in relation to the founders of a legal entity - Russian legal entities.

2.15.7. Sheet A of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.16. Sheet B "Information about the founders of a non-profit organization - individuals" is filled in in cases where a non-profit organization has founders - individuals.

If there are no individuals among the founders of the non-profit organization, sheet B is not filled out and is not submitted to the registration authority. Sheet B is filled out separately for each founder.

2.16.1. The line following the title of sheet B indicates the full name of the non-profit organization being created.

2.16.2. Section 1 "Data of the founder - an individual".

Paragraphs 1.1 - 1.4 indicate the surname, name, patronymic, date of birth of the founder - an individual in full, without abbreviations, in accordance with the identity document.

Clause 1.5 indicates the taxpayer identification number (TIN) of an individual (if any). At
filling in this paragraph, it is necessary to be guided by the provisions of paragraph 2.12 of these methodological recommendations regarding the indication of information about the TIN.

In relation to a foreign citizen or stateless person, the data is filled in in Latin letters on the basis of the information contained in the document established by federal law or recognized in accordance with international treaty Russian Federation as an identity document of a foreign
citizen or stateless person.

2.16.3. Section 2 "Citizenship".

Clause 2.1 indicates the citizenship of the founder - an individual.

Item 2.2 is filled in by a foreign citizen.

2.16.4. When filling out section 3 "Data of an identity document of a citizen of the Russian Federation", it is necessary to take into account the provisions of paragraph 2.12 of these Guidelines insofar as it relates to an identity document.

Items 3.1 - 3.6 are filled in by a citizen of the Russian Federation.

Items 3.7 - 3.10 are filled in by a foreign citizen or stateless person.

2.16.5. Section 4 "Grounds for acquiring legal capacity by a minor" is filled in if the founder of a non-profit organization is a minor who has been declared fully capable in accordance with the established procedure.

2.16.6. In paragraph 4.1, the sign "V" indicates the basis for the acquisition by a minor of legal capacity:

Marriage. Paragraph 4.2 indicates "certificate of marriage". Items 4.3, 4.4 are filled in in accordance with the marriage certificate;
- adoption by the guardianship and guardianship authorities of a decision to declare an individual fully capable. In this case, paragraph 4.2 indicates "the decision of the body of guardianship and guardianship." Paragraphs 4.3, 4.4 are filled in in accordance with the decision of the guardianship and guardianship authority;
- adoption by the court of a decision to declare an individual fully capable. In this case, paragraph 4.2 indicates "court decision", paragraph 4.3 - the number of the court decision, paragraph 4.4 - the name of the judicial authority, the date of the court decision.

2.16.7. Section 5 is filled in if the founder of a non-profit organization is an individual - a foreign citizen or stateless person permanently residing outside the Russian Federation.

2.16.8. Section 6 "Address of the place of residence of the founder of a non-profit organization - an individual".

Clause 6.1 indicates the address of the place of residence in the Russian Federation on the basis of an entry in the passport or other document confirming registration at the place of residence.

If the founder - an individual does not have a place of residence in the Russian Federation, paragraph 6.1 indicates the address of registration at the place of stay.

Clause 6.2 is filled in if the founder - an individual - is a foreign citizen or a stateless person who permanently resides outside the Russian Federation.

2.16.9. Section 7 indicates the contact phone number of the founder - an individual, indicating his area code, fax number (if any).

2.16.10. Sheet B of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.17. Sheet B "Information about the branch (organization) of a public association" is filled in by an international, all-Russian or interregional public association.

Sheet B is filled out separately for each department (organization).

2.17.1. The line following the title of sheet B shall indicate the full name of the public association being created.

2.17.2. Section 1 "Address (location) of the branch (organization) of the public association on the territory of the Russian Federation" indicates the location of the branch (organization) of the public association.

Section 2 "Address (location) of a branch (organization) of a public association outside the Russian Federation" is filled in by an international public association.

2.17.3.

2.17.4. Sheet B of the Application for state registration of a non-profit organization, upon its creation, is signed by the applicant.

2.18. Sheet D "Information about the branch of a non-profit organization" is filled in by a non-profit organization if it has a branch (branches).

Sheet D is filled out separately for each branch.

2.18.1. The line following the title of sheet D shall indicate the full name of the non-profit organization being created.

2.18.2. Section 1 indicates the address (location) of a branch of a non-profit organization in the territory of the Russian Federation.

Section 2 indicates the address (location) of a branch of a non-profit organization outside the Russian Federation.

Sections 4 - 6 are filled out taking into account the provisions of paragraph 2.12 of these Guidelines.

Sections 4 - 6 are filled in if the head of the branch of the non-profit organization is a participant (member) of the non-profit organization.

2.18.3. Sheet D of the Application for state registration of a non-profit organization, upon its creation, is signed by the applicant.

2.19. Sheet D "Information on the representative office of a non-profit organization" is filled in by a non-profit organization if it has a representative office (representative offices).

Sheet D is filled out separately for each representative office.

2.19.1. The line following the title of sheet D shall indicate the full name of the non-profit organization being created.

2.19.2. Section 1 indicates the address (location) of the representative office of the non-profit organization in the territory of the Russian Federation.

Section 2 indicates the address (location) of the representative office of the non-profit organization outside the Russian Federation.

Sections 4 - 6 are filled out taking into account the provisions of paragraph 2.12 of these Guidelines.

Sections 4 - 6 are filled in if the head of the representative office of a non-profit organization is a participant (member) of a non-profit organization.

2.19.3. Sheet D of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.20. Sheet E "Information on a person entitled to act on behalf of a non-profit organization without a power of attorney" is filled out separately for each person entitled to act on behalf of a non-profit organization
organizations without authorization.

2.20.1. The line following the title of sheet E indicates the full name of the non-profit organization being created.

2.20.2. Sections 1, 3 - 5 are filled out taking into account the provisions of paragraph 2.12 of these Guidelines.

Section 2 specifies the position of a person entitled to act on behalf of a non-profit organization without a power of attorney, held in the specified non-profit organization.

Clause 4.2 is filled in if a person who has the right to act on behalf of a non-profit organization without a power of attorney permanently resides outside the Russian Federation.

2.20.3. Sheet E of the Application for state registration of a non-profit organization, upon its creation, is signed by the applicant.

2.21. Sheet Zh "Information on the types of economic activities".

Since the constituent documents of a non-profit organization must indicate the subject and goals of its activities, the OKVED codes and the name of the types of activities listed in sheet G must correspond to the goals of the activities specified in the constituent documents.

When filling out sheet G, all types of economic activity that are subject to inclusion in the Unified State Register of Legal Entities are indicated, the main type of economic activity of a non-profit organization is indicated first. If the number of activities is more than 5, the second sheet G of the Application for state registration of a non-profit organization is filled out upon its creation.

2.21.1. The line following the title of sheet G indicates the full name of the non-profit organization being created.

2.21.2. Information about the OKVED code and the corresponding name of the type of economic activity is filled in in accordance with the All-Russian Classifier of Types of Economic Activity. At the same time, at least three digital characters of the All-Russian classifier of types of economic activity are indicated in the column "OKVED code".

2.21.3. Sheet G of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.22. Sheet 3 "Receipt for receipt of documents submitted by the applicant to the authorized body for state registration of a non-profit organization" is filled in by the authorized body. At
In this case, one copy remains in the authorized body, the second copy, certified by the signature of a civil servant of the authorized body, is issued (sent) to the applicant, indicating the date of receipt of the documents by the authorized body.




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