Documents for registration of a non-profit organization in the Ministry of Justice. The procedure for registration of NCOs and ANOs and constituent documentation

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, at a general vote, decided to create a legal entity, 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 of Legal Entities) are made 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:

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.
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.
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 the exclusive right to use it.

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-Profit Organizations" dated January 12, 1996 No. 7-FZ.

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.
Prepare a package of documents.
Pay the state duty for registration of an NPO in accordance with Art. 333.33 of the Tax Code of the Russian Federation.
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.
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.

Then the papers are sent to the Federal Tax Service (FTS RF) for entering 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 certifying 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.

The exact information about the required documentation should be clarified with the Authorized body.

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 required list of securities directly from the registration authorities, and compliance with 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.

You will need

- an application for state registration certified by a notary (form PH001);
- charter in 3 copies;
- a protocol on the establishment or a decision (if there is one founder) in 2 copies;
- a document confirming the payment of state duty;
- information about the founders;
- information about the legal address and contact numbers (for example, a letter of guarantee from the owner or a copy of the lease agreement);
- an extract from the Unified State Register of Legal Entities (if one of the founders is a legal entity).

Instruction

The founding document of an autonomous organization is the charter approved by the general meeting of founders. The charter of such an organization must contain the following information: name, location, purpose of activity, information about branches and representative offices, source of formation of property, procedure for activity and other significant provisions.

You should be especially careful when choosing a name, as you may be denied registration on the basis that there is already an autonomous non-profit organization with the same name.

If there are several founders in the organization, in order to avoid possible disagreements between them in the course of carrying out activities, a memorandum of association should be concluded. The contract specifies information on the procedure for control over activities, on the powers of specific founders, describes the procedure for a participant to leave the organization, etc.

In addition to the charter and the constituent agreement, to register an autonomous company, you will need to pay a state duty, prepare an application for registration, a decision (or protocol) on the creation and approval of constituent documents, as well as on the appointment of governing bodies, information about the founders, information about the legal address and contact numbers. If either one of the founders is a legal entity, in addition to the specified one, an extract from the Unified State Register of Legal Entities is provided.

A package of documents for registration is submitted by the applicant to the territorial body of the Ministry of Justice of the Russian Federation within three months from the date of the decision to establish an autonomous non-profit organization.

A decision on registration will be made within two weeks. Further, the necessary documents will be sent to the tax office.

Within five days, an entry will be made to the Unified State Register of Legal Entities, and within three days after the entry is made, you will receive a certificate of state registration of an autonomous non-profit organization.

Sources:

Federal Law "On non-profit organizations" dated January 12, 1996 No. 7-FZ

If you want to start an organization whose main goal is not to make a profit, then the appropriate registration form for it is ANO. This acronym stands for "Autonomous Non-Profit Organization". But just like when registering commercial firms, obtaining documents for establishing an ANO is complicated by various bureaucratic procedures.

You will need

- passport;
- future address of the organization;
- money to pay the fee.

Instruction

Specify whether the type of activity that you have chosen for your future organization is suitable for registering a company as an ANO. An autonomous organization can be a society that is engaged in educational services or cultural activities. Voluntary contributions should be the basis for financing the organization, but it is also possible to provide paid services to support the activities of the company.

If your organization meets all the requirements, collect the documents required for registration. These should be copies of the founders' passports, official documents on the registration of the organization (if the founder is a legal entity). It will also be necessary to provide the address where the company will be located and documents confirming the right to use the premises. This may be a certificate of ownership, a lease agreement or an extract from the house book if the organization is registered in a residential building.

Not all entrepreneurs have the ultimate goal of making a profit. There is also social entrepreneurship, dealing with phenomena that are not related to buying and selling. In order for such an organization to receive the status of a legal entity, it is necessary to correctly determine its organizational and legal form, and the most acceptable option would be an NPO - a non-profit organization.

Today, the activities of non-profit structures are regulated in sufficient detail by the state. Before registering an NPO, the founders should make sure that their goals and objectives do not contradict the requirements established by the state.

Let us define the features of the functioning of NCOs and the legally justified conditions for their existence. After that, it will be possible step by step to carry out the path of state registration of this form of legal entity.

What is an NPO

NGOs stands for "non-profit organization". This means that its primary task is not material earnings and its distribution among the founders, although the law does not prohibit doing business to achieve planned goals. NCOs are distinguished from commercial structures by their primary goal- the achievement of a public good.

To the tasks of NGOs questions may include:

social character;
charity;
cultural sphere;
environmental protection;
public health;
training and scientific activity;
sports industry;
spiritual needs of people;
protecting the interests and rights of various categories of the population, including legal ones;
mediation in conflicts.

NOTE! The state regulates the activities of NGOs in the Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations".

Defining features of NCOs:

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

The nuances of the functioning of NGOs

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

A non-profit organization is considered established as soon as it has passed the state registration procedure. From that moment on, it has the right to function indefinitely, unless otherwise provided by its constituent documentation.
Legal entities-NCOs can be engaged in one or several types of activities from the regulated ones, which should be reflected in the Charter.
Although this type of legal entity does not apply to commerce, good deeds also need finance, so an NPO must have its own capital, it is compiled.
Some types of NPO activities require a license.
Unfortunately, pressure can be exerted on such organizations, against which the state has developed a number of precautionary measures. These measures are aimed, first of all, at the transparency of cash flows of NPOs, since unscrupulous investors can also take advantage of them.

NOTE! If a foreign structure decides to create such an organization, the state must check it for a possible threat to national security and the Constitution of the Russian Federation: as stated in the Law on Foreign Agents of June 18, 2016 No. 121-FZ and the Law on the Register of Undesirable Organizations of May 23, 2015 year No. 129-FZ.

Varieties of non-profit organizations

The Ministry of Justice of the Russian Federation divides non-profit structures into 4 main groups:

Public associations- voluntary consolidation of citizens (at least 3 people or legal entities) based on common goals, interests and needs.
Political parties- associations that aim to take part in the exercise of power in the state through their authorized representatives.
Religious organizations - the same as public associations, but with other declared goals - preaching. Upbringing in the appropriate spirit, the joint conduct of rituals. For this purpose, at least 10 people, united territorially, can create NPOs. For such organizations, the state provides tax incentives.
Other NGOs:
- funds - organizations that collect and distribute voluntarily donated funds for specific purposes;
- cooperatives are associations designed to solve the needs of their members for goods and services through voluntary contributions on shares;
- ANO - autonomous non-profit organizations (their founders do not have the right to the property of a legal entity and are not liable for its obligations);
- institutions - the owner (individual, legal entity, subject of the Russian Federation or the federation itself) finances the organization and manages its property in full or in some part;
- partnerships, unions, associations and other organizational and legal forms (OPF).

The main difficulty in registering an NPO is precisely in determining the scope of activity. There are a number of important things to consider when choosing an OPF:

regulation of relations between participants and founders;
mutual responsibility;
property ownership of the NPO;
opportunities and rules for doing business;
the need to obtain a license;
subordination to federal laws of the first order (for example, a private educational institution, by its Charter, should not contradict the Law on Education).

IMPORTANT! At the stage of registration, one should be very serious about the choice of the OPF, since re-registration can be more expensive in terms of finances and time than registration of the optimal form of NPO activity.

How to name an NGO

The law obliges NCOs to be named using two components:

own name;
indications of his OPF.

For example: consumer society "Gidrostroitel", charitable foundation "Saving Hearts", religious organization "Seventh Day Adventists", etc. Incorrect wording can do a disservice during registration.

If in the process of functioning it is decided to rename the NPO or change its OPF, it will be necessary to register these changes in the state order. This is a rather laborious process, which involves making changes to all constituent documents, destroying the seal and making a new one, notifying all counterparties, the bank, statistical authorities, and social funds.

BE CAREFUL! When formulating the name of the NPO, check whether an organization with that name is already registered - this will also be the basis for refusing registration.

Since the type of activity must be clearly stated in the name of the NPO, there are no coincidences with the names of commercial organizations.

Once registered, the NPO will have the exclusive right to use the name.

Who is eligible and not eligible to become a member of an NPO

The law allows the establishment of NCOs by individuals and legal entities, citizens of the Russian Federation and foreigners, as well as stateless persons. There can be one founder (except for forms of associations, partnerships, unions), or there can be as many as you like, the law does not limit the number.

It is prohibited to become founders or participants, members of NCOs to the following categories of legal entities or individuals:

foreign persons non grata;
persons from the list of combating the financing of terrorism or money laundering (clause 2, article 6 of the Federal Law No. 134);
associations whose activities were suspended on the basis of countering extremism;
persons convicted for signs of extremist activity;
disabled citizens.

All about registering an NGO

Before proceeding with the preparation for this procedure, it is worth carefully studying all the requirements of the state for the wording of the Charter and the list of necessary documentation. In contrast to the registration of commercial organizations, NCOs receive closer attention from the government represented by the Ministry of Justice. Any inaccuracy can be a reason to refuse registration, which means that everything will have to start from scratch, and even the state duty will not be returned.

NOTE! Many founders prefer to turn to specialized law firms, entrusting them with the complex and responsible procedure for registering an NPO. If you decide to do it yourself, you should carefully control each stage.

Step 1. Preparation of statutory documentation

Before registering a non-profit association, it must first be formally created. To do this, the founders meet at a general meeting and formulate and adopt the Charter. This can be done by the sole founder on their own. The decision to create is documented in the minutes of the meeting. It is necessary to comply with the requirements for the Charter, prescribed in the legislation, which indicate the mandatory presence of the following data in it:

full name of the NPO;
the nature of the activity and the BPF (you need to indicate all the activities that the organization is going to engage in);
legal address of the organization;
goal and tasks;
features of management policy;
rights and obligations of founders and members;
data on representative offices and branches (if any);
rules for admission and exit from the association;
features of changes in constituent documentation;
regulation of NPO property issues.

Step 2. Drawing up an application for registration

The application must be made in the form РН0001. The following must be correctly indicated on the form:

personal data of the applicant;
his contact details;
location.

This application must be notarized in order to be submitted.

Step 3. Payment of the state duty for registration

Recently, the size of this fee was changed by the Ministry of Justice on the basis of amendments to federal legislation. The actual amounts of duties should be specified in paragraph 25.3 of the second part of the current version of the Tax Code of the Russian Federation.

You can transfer these funds at any branch of the bank by making a cashless payment. Details should be obtained from the Ministry of Justice of the Russian Federation (on its official website). The payment receipt must be copied and both copies must be presented when submitting documents.

IMPORTANT! Only the applicant must make the payment and appear on the receipt.

STEP 4. Collecting a package of documents

For subsequent submission to the registration authority, you need to prepare the following set of necessary papers:

constituent documentation - the Charter, the memorandum of association in 3 copies;
decision on the creation of an NPO - minutes of the meeting of founders or a sole decision (if there is one founder), 2 copies will be required;
passport details of the founders - 2 pcs.;
data on the territorial affiliation of the organization, confirmed by a lease agreement, a letter of guarantee, a certificate of ownership of real estate, etc.;
receipt confirming the payment of the state fee (original and copy);
a certified application for state registration of an NPO (in the form РН0001) - 2 copies, both with a handwritten signature of the same person whose data appears on the state duty receipt.

NOTE! Some NPO forms will require additional documents, for example, if the name uses a copyright, proof of ownership must be provided. And the foreign organizer will also have to present an extract from the Unified State Register of Legal Entities of his state on his legal status. Therefore, when preparing, you should once again clarify the list of necessary documentation with the registration authority: the Ministry of Justice is not entitled to require any documents in excess of those listed.

STEP 5. Submitting an application to the registration authority

This step must be done no later than 90 days after the first step. That is, the date on the protocol of the decision of the general meeting on the creation of an NPO. Expired protocols will not be accepted for registration.

A package of documents must be submitted to the territorial body of the Ministry of Justice of the Russian Federation in person or by mail with a list of attachments. It is permissible to entrust this matter to a law firm specializing in state registration.

Step 6. Waiting for a decision

The terms for considering an application by the Ministry of Justice differ from similar registration of commercial associations. The usual processing time for most NPO forms is 2 weeks. However, the decision to register political parties is 30 days, and for religious organizations it can take up to six months if a religious expertise is required.

Step 7. Tax registration

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

Step 8. Obtaining a certificate

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

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

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

Possible reasons for refusal to register an NPO

The submitted documents in some part contradict the Constitution and / or the legislation of the Russian Federation.
The applicant does not have the right to be the founder of an NPO in accordance with the Federal Law “On Commercial Organizations”.
An organization with this name has already been registered.
The name given to the NPO is offensive to moral, national, religious feelings.
Incomplete package of documents.
Documents drawn up in violation of legal requirements.
Inaccurate information in the provided documentation.

Having eliminated the reason, you can submit the documents again, and you will need to pay the state fee again or appeal the decision to refuse registration in a higher authority or in court.

All legal entities created on the territory of Russia are divided into 2 (two) large groups:

1) Commercial companies;

2) Non-commercial companies;

The main differences between these types of organizations:

purpose of the activity. For commercial organizations (COs), the main goal is to make a profit, in contrast to non-profit organizations (NCOs).
profit distribution. Non-profit organizations are not entitled to distribute profits (if any in the course of their activities) among their participants (members), unlike commercial companies.

Currently, a huge number of various non-profit organizations have been created in the Russian Federation. At the same time, registration of an NPO can be carried out in various forms, the main of which are still the following:

non-profit partnerships;
public organizations (associations);
religious organizations;
institutions;
funds;
consumer cooperatives;
Cossack societies;
associations and unions;
others.

Registration of non-commercial companies - a very complex process in its content, associated with the execution, completion and submission to the registration authority of the relevant documents.

Creation of a non-profit organization regulated by the provisions of the current legislation, in particular the Federal Law of 12.01.1996 N 7-FZ. This law establishes the general procedure for registration of NCOs. However, for certain types of non-profit companies, certain features are defined by law (for example, for homeowners associations, trade unions, religious organizations, parties, etc.).

At the same time, it is possible to designate the general procedure for registering non-profit organizations used when creating an NPO of any form.

Process creation of a non-profit organization

Registration of an NPO, as well as the opening of other types of legal entities (for example, JSC, LLC) includes the following key steps.

Deciding on creation of a non-profit organization

The decision to register an NCO is made by all of its founders unanimously, if the relevant NCO is created by several persons. If a non-profit organization is created by only one person (the founder), then the specified decision is made independently by this founder.

In addition, the constituent document (as a rule, the charter) of the NPO is approved by the appropriate decision, as well as the election / appointment of certain bodies of the non-profit organization.

Registration of a non-profit organization

Registration of an NPO, unlike commercial organizations, has certain features in terms of the bodies that carry out this procedure.

Commercial organizations - registration is carried out exclusively by the tax office.

Non-profit organizations - registration produced by the Ministry of Justice (Ministry of Justice of the Russian Federation). At the same time, after making a positive decision on the establishment of a non-profit organization, the said body submits the relevant information to the Federal Tax Service Inspectorate for entering information about the NPO in the register of legal entities. persons.

Documents submitted to the Ministry of Justice of the Russian Federation for registration of NPOs:

1) Application for the establishment of a non-profit organization (form РН001).

This application, as in cases with the registration of a CO, is signed by the head / director of the NCO, and his signature is certified by a notary. The founder of the NPO shall submit the following set of documents to the notary for certification of his signature:

decision of registration of a non-profit organization (either a protocol or a sole decision of the 1st founder);
passport (copy) of the person who signs the said application;
other documents, the list of which is more appropriate to clarify directly with the notary to whom the relevant applicant applies.

The legislation of the Russian Federation establishes a very important rule - for the accuracy of the information indicated in the application, as well as for compliance with the procedure for creating a non-profit organization and the requirements for founding. documents, the responsibility lies directly with the applicant himself, and not with the body that registers the NPO.

2) Constituent documents.

Establish. documents must be submitted for registration in 3 copies, while the 1st copy is sent to the tax office, the 2nd one remains in the Ministry of Justice of the Russian Federation, and the 3rd copy is handed over to the applicant.

It is imperative to indicate that the type of constituent documents directly depends on the form in which the NPO is registered. Based on this, establish. NPO documents can be:

1. Charter of the NPO;

2. Charter or regulation of the NCO;

3. Constituent agreement and charter of NCOs (for associations and unions).

3) The decision to create a non-profit organization.

This decision, as mentioned above, is the protocol of the meeting of the founders of the NPO or the decision of its sole founder. In this case, the said decision shall be submitted to the registering authority in two copies.

4) Information about the founders (members) of the NPO.

Information about members (founders) of NCOs is presented in a free (arbitrary) form with the obligatory submission to the Ministry of Justice of two copies of this information.

5) Document on payment of the state. fees for registration of a non-profit organization.

IMPORTANT! The details required to pay the registration fee for an NPO differ from the details that are used when paying the fee for registering a commercial entity. organizations. In view of this, applicants must clearly check the data they indicate when filling out a receipt for payment of state. duties.

The size of states. the fee for the creation of a non-profit organization equals four thousand rubles.

6) Information about the location of the main management body of the non-profit enterprise.

Relevant information is submitted to the Ministry of Justice when registering a non-profit organization solely for the purpose of establishing a possible connection (interaction) with the states. and municipal. bodies. Without fail, the above-mentioned body of a non-profit enterprise must be permanent.

7) Documents (evidence) that enable a non-profit company to use the name of a citizen, the name of another company, symbols in cases where the name of the NPO uses the relevant data.

8) Extract from the register of foreign. legal entities in the event that a foreign person (citizen) acts as the founder of a non-profit organization (NPO).

In accordance with the provisions of the law, the submission of any other documents to the Ministry of Justice of the Russian Federation is not provided. Thus, the requirements of employees of the Ministry of Justice of the Russian Federation to submit other documents are illegal (illegal).

The decision on the state registration of a non-profit organization is subject to adoption by the Ministry of Justice of the Russian Federation no later than fourteen days from the date of receipt by this body from the applicant of the entire set of necessary documents. On the basis of such a decision and information received from the Ministry of Justice, the tax authority enters into the register of legal entities. information about the newly created NPO.

Upon entering information into the Unified State Register of Legal Entities (register of legal entities), the applicant is issued a certificate of state registration of a non-profit organization. It is believed that from that moment NPO is a full-fledged legally created subject of civil turnover. Moreover, in the process of registration of an NPO, this organization must be registered with the tax authorities and an appropriate certificate (TIN) must be issued to it.

Obtaining codes from the statistics service (Rosstat)

The assignment of statistics codes (OKATO, OKOPF, OKSF, OKOGU, OKPO) is carried out by Rosstat on the basis of the following documents:

NPO registration certificate;
fresh extract from the Unified State Register of Legal Entities (register of legal entities);
a power of attorney for a person (if a citizen who is not authorized by law or who has established documents applies to the statistics service with an application).

Accounting in the state off-budget funds

Creation of a non-profit organization (NPO) is the basis for its registration in the following funds - PF, FSS, MHIF of the Russian Federation, tk. The activities of NGOs in the overwhelming majority are directly related to the hiring of labor not only under civil law, but also labor contracts.

Data on a non-profit organization are transferred directly to the states to the specified extra-budgetary funds. bodies within the framework of cooperation between them (Ministry of Justice, tax inspection).

Today, there are many organizations that bring together groups of people to carry out socio-political, scientific, charitable and other activities of a non-commercial nature. Such associations, if they have no desire to profit from their activities, are called non-commercial. Under the current Russian legislation, any organization, regardless of whether it conducts business activities, is obliged to consolidate its legal status by officially registering with special bodies, following the procedures established by law. Because of the wide variety of forms that these communities can take, there are some difficulties in registering non-profit organizations.

With the exception of special types of public organizations, other NPOs are registered as legal entities. However, they have other goals for their existence than commercial firms. An NPO does not engage in entrepreneurship unless it directly contributes to the fulfillment of the objectives that led to the creation of the community.

The federal law “On non-commercial organizations” and the Civil Code of the Russian Federation regulate the activities and legal status of NGOs. The functioning of some types of non-profit organizations is regulated by special laws: "On public associations", "On consumer cooperation in the Russian Federation", "On the general principles of organizing local self-government in the Russian Federation", "On charitable activities and charitable organizations", the Housing Code and other acts.

Types of non-profit organizations

Legislative acts for the creation and existence of NCOs provide for several forms.

A public or religious association is a voluntary meeting of a group of citizens based on the common interests of its members, located in the sphere of spiritual life or social activity. The society is organized by the participants to achieve the needs associated with these interests. Such a community may conduct activities of a commercial nature in order to implement its statutory tasks. There are many organizational forms for these associations. They may exist as a movement, foundation, political party, religious group, and other legal forms.
Foundation - a community established by individuals or official organizations that serves the purposes of implementing socially useful tasks (in the field of charity, education, sports, in the social sphere). The Fund operates on contributions donated voluntarily by individuals, firms and has the right to carry out the necessary economic activities.
State corporation or company - a company that has the state as its founders, does not involve membership and operates with the operation of state property transferred to the ownership or trust management of the company as a contribution. Such a society is organized for the implementation of socially useful functions or the provision of public services.
A non-profit partnership is an association of a group of persons, companies, existing on the basis of membership. The partnership is created for the solution by its participants of any tasks in the socio-cultural sphere, in the field of protecting rights, providing assistance and other significant goals.
A private institution is an organization created by an individual owner for the implementation of its non-commercial purposes.
State, municipal or budgetary institution - a company created by the government of the Russian Federation, a constituent entity of the federation or a municipality for the implementation of non-commercial purposes or the production of work, the provision of services that ensure the fulfillment of the obligations of the authorities to the population in socio-cultural issues.
An autonomous non-profit organization is an association of citizens on the basis of contributions made by them, organized to provide services to the population in socially significant areas.
An association or union is a non-profit association of a group of individuals or legal entities to represent their interests, to perform socially useful tasks by the community. This form provides for membership of participants and is indicated in the name of the society.

In addition, special laws provide for additional types of NCOs:

consumer associations - cooperatives;
housing associations - HOA;
territorial associations in the form of bodies of public self-government;
charitable organizations and foundations;
trade unions and associations.

What documents are required to register an NPO?

Documents for registration of non-profit organizations must be submitted to the relevant authorities in a timely manner, no later than three months after the founders establish their intention to create a community. The applicant is considered to be the founder of an NPO, which may be an individual citizen, a group of persons or an organization. The number of participants in an NPO is not limited by law; they can be both Russian legal entities and civilians, as well as non-residents.

To register a community, you need to collect a package of documents:

The constituent documents of the association must include the following information:

the name of the company, indicating its form and type of activity;
registration address of the organization;
established goals for the creation of the organization;
the procedure for conducting the activities of the company;
list of rights and obligations of community members;
list of representative offices of the organization;
conditions for joining and withdrawing from the membership of NCOs;
the procedure for amending the company's documents;
conditions for the formation and use of the property of the organization.

The writing of the Charter of an NPO should be approached with all responsibility. If, when reviewing documents by employees of the registration authorities, the charter reveals inconsistencies between the stated goals of creating an NPO, the direction of its activities and the chosen organizational and legal form, state registration may be denied.

Depending on the type of association and the nature of its activities, different sets of documents are drawn up.

For foundations, non-profit partnerships, autonomous NGOs and private institutions - a charter endorsed by the founders of the society and its participants.
For associations and unions, the constituent agreement between the participants is attached to the charter.
For the registration of local religious organizations, an additional confirmation is provided, issued by the territorial authorities, on the functioning of the religious group in the territory under their jurisdiction for a long period (at least fifteen years). Or a certificate, signed by the leadership of a centralized organization, about the entry of a new group into its composition.
To create a united religious organization, charters are provided for at least three local religious communities that enter into a common structure. It is also necessary to submit information, including information about the foundations and practices of the professed dogma, the history of the emergence of religious doctrine and groups of its followers. When considering the application of a religious organization, the forms and methods of its existence, the peculiarities of the worldview of the participants are taken into account: their attitude to social institutions, family and marriage, health and education, the presence of restrictions on the rights and duties of ministers and followers of this movement.

Instructions for registering a non-profit organization

A non-profit organization is formalized by employees of the territorial body of the Ministry of Justice. Some forms of organizations, for example, municipal institutions, consumer cooperatives, have a special registration procedure established by separate laws.

Registration of an NPO includes the following steps:

preparation of necessary documents;
payment of the state fee in the amount determined by the legislative norms at the time of submission of documents;
submission of a package of documents to the registration authority;
obtaining a certificate after the completion of the registration procedure;
registration of the organization for tax accounting;
obtaining statistical codes;
creation of a seal of a legal entity;
opening a current account and receiving bank details;
notification of non-budgetary funds about the creation of NCOs.

Rosregistration authorities have 14 days to consider the submitted documents. If the decision is positive, the employees of the Ministry of Justice independently notify the tax inspectorate and send it the necessary documents to enter information into the state register about the newly created organization. Making an entry in the Unified State Register of Legal Entities takes 5 days, after which a certificate of state registration of the NPO is issued to the applicant within three days.

The choice of one or another form of registration of the organization, as well as the nature of its activities, may impose some features on the general procedure for the registration procedure. For example, applications from religious organizations may be considered within a month to six months due to the need for a special religious expertise.

After receiving the documents, the NPO is considered officially operating and can start working in accordance with the stated goals of the society. In this regard, the organization will acquire rights and obligations, own or manage property, and be liable for its obligations. The activity of a non-profit organization is set as perpetual by default, if its term is not limited by the founders in the company's documents.