Program "I love Psychology 

The procedure for opening a public organization: when registration is needed and when it is possible without it. Registration of a public organization

registration public organization in Russia— a set of measures aimed at opening an NPO and the subsequent conduct of legal activities. To avoid difficulties in the registration process, it is important to follow the above algorithm or involve specialists in the field of registration. In the second case, the registration costs will be higher. Consider step by step instructions how to register an NGO on your own.

What is a non-profit organization?

A non-profit organization is one of the forms of activity of a legal entity planning further work in social sphere. On the present stage NPOs are regulated at the legislative level, and various measures are provided to support such areas.

In order to successfully register a public non-profit organization, you should pay attention to a number of nuances:

  1. Current legal requirements.
  2. Goals and objectives that are set for the organization. It is important that they comply with the law.
  3. Documents to be submitted for registration.

The legislation of the Russian Federation stipulates that an NPO is an organization that main goal which is not the receipt of income and its distribution among the founders. Such structures, as a rule, are formed to work in the social sphere, for the benefit of society. When creating an NPO, there are no restrictions on the period of validity, unless other requirements are established in the charter. A non-profit organization can operate in various fields- charitable, cultural, educational, scientific, health care and many others.

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

Who has the right to create a non-profit public organization?

Ordinary individuals - foreigners or Russian citizens, as well as companies can act as the founder of an NPO. The number of participants in such societies at the state level is not limited. There may be situations when a public organization has only one member. The latter option is excluded for the following forms of activity - unions, associations and partnerships.

Members of an NPO can be:

  • Individuals (must be legally capable) or legal entities.
  • Foreigners who are legally in the country.

NPO founders cannot be:

  1. Foreigners or stateless persons for whom there is a ban on being in the territory of the state.
  2. Entities that are on the list subject to the Federal Law on money laundering and terrorist financing.
  3. Associations (public or religious), whose activities are prohibited on the territory of the Russian Federation under the Federal Law on extremist activity (Article No. 10).
  4. Subjects who, by a court decision, are involved in extremist activities.
  5. Persons who do not meet the requirements of the legislation that determine the procedure for the creation, registration and liquidation of a non-profit organization.

When creating a public organization, constituent papers play a key role. They contain information about the goals of the activity, the structure of the company, as well as the conditions for its work in the future. It is this documentation that registering authorities study when considering an application for registration. According to the federal laws of the Russian Federation, the main constituent paper is the charter, which is approved by the participant (owner) of the NPO.

The articles of incorporation must contain the following information:

  • The name of the NPO with a description of the directions and forms of activity.
  • The legal address at which the public structure is registered.
  • Goals and subject, as well as the principles of activity management.
  • Rights and obligations of founders.
  • Data about departments and representations of the organization.
  • The nuances of the exit of the founders from the NPO and the subtleties of admission.
  • Features of making amendments to constituent papers.
  • Sources of creation of property, as well as the procedure for its application.

Registration of an NGO - step by step

Today, the Ministry of Justice of the Russian Federation takes over the task of registering NGOs. It is this body and its branches in various parts of the country that perform the work of receiving applications and checking documents. In addition, it is they who make decisions on the reorganization or liquidation of such companies. Making amendments to the constituent documentation or including a newly created structure in the Unified State Register of Legal Entities is also the task of the Ministry of Justice. The registration process takes place in several stages.

Search for founders

It has been discussed above who, under the law, has the right to become a member of an NPO - a company or an individual that does not have prohibitions at the legislative level.

Determination of the direction of activity

When going through this stage, it is worth considering the following nuances:

  1. It is important that the type of activity corresponds to the goals for which the non-profit organization is being created.
  2. In the charter of the structure, it is important to prescribe all types of activities that the NPO plans to conduct.
  3. In the Unified State Register of Legal Entities is represented full information regarding the activities of such structures.

Name choice

Special attention is paid to the choice of the name of the NPO. It has a number of requirements:

  • Use of Russian language only.
  • Indication of the form and type of activity.
  • Registration of the name is obligatory, because otherwise it can be used by other persons.
  • It is important to be careful when used in the name "Russian Federation". There are a number of nuances that you should familiarize yourself with before starting registration.

Determining the legal address

The next step is to choose a legal address for the organization. There are only two main rules here. First, you need to specify a real yuradres. Secondly, if the object is leased, the lease agreement must be submitted to the Ministry of Justice. If the office is owned by the founder himself, supporting papers will be required.

Collection and transfer of documentation

Now it's time to collect the documents for registration public association. The package of papers includes:

  1. Statement. The application form upon creation can be taken from the registration authority. The document is drawn up in two copies.
  2. Constituent papers, or rather, the charter (in triplicate).
  3. The decision to establish an NPO, as well as to approve the constituent papers. This requires an indication of the composition of the appointed bodies. Quantity - 2 units.
  4. Papers confirming the payment of state duty (receipt) - 2 units.
  5. Information about the participants of the NPO — 2 items.
  6. Data on the legal address of the public organization where it can be contacted (if necessary). As an option, the transfer of a lease agreement or a certificate confirming the right to own the object.
  7. Papers confirming the possibility of using in the name of the NPO the name of the founder, symbols prohibited by the laws of the Russian Federation, and so on.
  8. An extract from the register of legal entities of the country where the founder is from, or another paper of equal effect confirming the status of a foreign participant.
  9. An application for inclusion of an NPO in the relevant register, which reflects public organizations that play the role of a foreign agent.

The Ministry of Justice of the Russian Federation does not have the right to demand other papers, except for those included in the list discussed above.

Payment of state duty

The next step is to pay a state duty, the amount of which in relation to NCOs is 4,000 rubles. But there are a number of nuances here:

  • The cost of state registration of a legal entity is 4,000 rubles.
  • registration political party(branches by region) — 3,500 rubles.
  • Public organization of the disabled — 1,400 rubles.
  • Entering information into the state register of SROs - 6,500 rubles.

After payment, it is important to note that the receipt indicated the name of the person submitting papers for state registration.

Transfer of papers to the Ministry of Justice

As soon as all the documentation is prepared and the registration process is paid, it is required to transfer a package of papers to the Ministry of Justice. No more than 3 months are allocated for this, starting from the day the decision to open an NPO was made.

The transfer can be carried out in person or through the public services portal, where the required forms are available to fill out.

Obtaining a certificate

If the Ministry of Justice has issued a positive decision, the applicant receives a Certificate confirming the successful registration of the NPO. This is for up to one month. The paper guarantees the success of the registration procedures. The following information is noted in the certificate - personal code ( registration number), legal address, and the name of the NPO.

As noted, state bodies have no more than a month to complete registration procedures. In practice, registration is faster - up to two weeks from the date of transfer of papers. This is possible if the Ministry of Justice has no claims against the applicant from the standpoint of the transferred documentation and other aspects of future activities.

Further, the information goes to the Federal Tax Service to include information about the created organization in the Unified State Register of Legal Entities. On the basis of the information received, data on the new public organization is included in the register within five days, and the next day the tax service reports on the work done to the Ministry of Finance of the Russian Federation. Employees of the latter prepare and submit a certificate of state registration within up to 3 days. That is why the process is delayed for up to 30 days.

Subtleties of the application

One of the main documents in the process of creating an NPO is an application submitted to the Ministry of Justice. A member of the organization prepares a paper in two versions, after which he signs it. Filling out the application is carried out according to the generally accepted form P11001. The correct template can be found on the website of the Ministry of Justice. There are also other samples of papers that are required for registration procedures.

In the application for the creation of an NPO, the following information is required - full name, telephone number, and address of the participant. The signature of the applicant, certified by a notary, is required. A second statement is also written with a signature, which is made by hand (a copy of the first paper is not allowed).

What to do if registration is denied?

The Ministry of Justice of the Russian Federation has the right to make a decision whether to register an NPO or refuse to provide such a service to the applicant. In addition, such a decision in the regions is made by its territorial bodies. If all the papers are collected and filled out correctly, claims rarely arise. But situations are possible when the authorized body refuses to create a public organization of a non-profit type. There are a number of reasons for this:

  1. Constituent or other papers that are submitted to the Ministry of Justice of the Russian Federation for consideration and registration of an NPO are in conflict with the laws and the Constitution of the Russian Federation.
  2. The name of the structure carries elements of an insult to morality, as well as religious and national feelings.
  3. The package of papers required for the creation of an NCO is not fully formed and does not comply with the requirements of the legislation of the Russian Federation. The reason for the failure is often the transfer to the wrong structure.
  4. The founder of an NPO is a person who, taking into account the Federal Law, does not have the right to perform such a function.
  5. The papers submitted for consideration contain information that is erroneous and does not correspond to the real state of affairs.

If the applicant has been denied the idea of ​​establishing an NPO, he has two options - to accept the refusal and stop trying to create this type of NPO, or to pursue the goal. By law, it is not forbidden to collect and transfer a package of papers for registration again, but on condition that the reasons for the refusal are eliminated. Secondary filing of papers is carried out taking into account the requirements of the Federal Law on NCOs.

As can be seen from the article, the process of creating an NPO is quite laborious and requires a certain amount of time to collect papers, transfer them and wait for the decision of the Ministry of Justice or its representatives in the regions. But with the right approach, the entire process, from making a decision to obtaining a certificate, can take no more than two months.

Free association to protect their legitimate interests is one of the human and civil rights specified in the Basic Law of the State. Of course, not every collective entity falls under this rule. Only acting on a permanent basis, created and included in State Register a group may be recognized as a public association and fall under the protection of Art. 13 of the Constitution of the Russian Federation.

Definition of a public association

The specified right of citizens is realized both in the form of direct association in a collective, and through registered organizations - public associations. The latter option is more preferable for those who aim to achieve concrete results(public control, legislative initiative), and not just an expression of their active position. A registered public association is protected by the state, has the opportunity to defend its rights and interests, participate in elections and referendums (if it sets itself such a goal and indicates this in the charter), as well as defend the interests of its own or its members in court.

Article 5 of the Federal Law of May 19, 1995 No. 82-FZ defines public associations as created on a voluntary basis, non-profit, self-governing formations of citizens with common interests, united to achieve common goals.

Conditions for creating an association

Before creating a public organization, you should make sure that the formation meets the following conditions:

  1. Voluntary nature of creation - the association is established on the initiative of citizens or legal entities who wish to become its founders. Prior permissions (approvals) for this process are not required, and the founders must be connected by a common interest.
  2. Self-management - the initiative and independent adoption by the participants of all decisions on the management of the association, including the determination of the structure, managerial and financial audit bodies.
  3. Non-commercial nature - associations do not conduct activities related to the regular receipt of profit, which is subsequently distributed among the participants.

This fundamental difference separating such formations from commercial legal entities.

Organizational types of associations

Forms of a public organization are a set of conditions and characteristics established in the current legislation that are characteristic of a certain category of public associations, consisting of a description of the goals of creation, the order of relationships between participants and third parties, as well as the procedure for managing property and income.

The choice of the form of the created association is the prerogative of its founders.

  1. Public organization. A common form of organizational and legal structure, the features of which are mandatory membership (documented) and joint activities to achieve the goals. For example, public organizations are trade unions, consumer societies, homeowners associations.
  2. Social movement. This form is characterized by mass character, with the absence of registered membership and without the need to maintain constant communication and activity. It is aimed at satisfying the non-material interests and desires of citizens (charity, culture, education, ecology, animal protection, etc.). Social movements can unite a large number of of people different ages and provisions, which, accordingly, allows you to organize crowded events.
  3. Public fund. The activity of such associations is quite specific, since it consists in the formation and management of property, which is subsequently directed to the statutory goals. The sources of welfare of the funds are voluntary contributions, donations and other non-prohibited receipts. In this case, the transfer of property to the founders is unacceptable.
  4. Public institution. There is also no registered membership here, but its activities are limited to the provision of services of a certain type, aimed at achieving statutory goals.
  5. Organ of public initiative. Such public associations arise at the place of residence, work or study and are aimed at resolving social problems those who are part of the formation itself. Amateur bodies include people's teams, parent committees, voluntary fire brigades, library councils, etc.
  6. Political Party. This form of public association aims to involve citizens of the Russian Federation in the political life of society in the form of forming their beliefs and positions, participating in actions (rallies, marches, pickets, demonstrations), in elections different levels and referendums, as well as to represent interests.

In addition to organizational forms, there are many other criteria for classifications. For example, depending on whose protection the association operates, there are children's and youth public organizations, societies for the protection of the disabled, participants in the Second World War, a society for the blind, and so on.

Associations and unions of public associations

Public organizations different forms to achieve better results in work, unions and associations can be formed. Members of such a collective association participate in its management through their representatives.

At the same time, the forming feature of associations is the uniformity of all participants (uniformity of forms of associations), and for unions - the commonality of the goals for which it is created. It is also possible that an association becomes a member of the union, which can be called a primary collective public association.

The Union of Public Organizations, like the association, in its work focuses mainly on coordinating the work of its members and increasing its efficiency. These goals are achieved by holding joint events, exchanging information and attracting financial resources.

To achieve an effective result, collective associations are registered as legal entities. Then the association and the union get the opportunity not only to confer and develop a common strategy of activity, but also to form financial and material resources for the implementation of various projects, programs and events.

The creation of an association or union, taking into account the fact that legal entities act as founders, is similar to the procedure for registering any public association. However, the volume of the constituent agreement is much higher, since its content should describe in detail the relationship of the parties (members of the union or association) for an indefinite period, establish rights and obligations, responsibility and the procedure for interaction.

The property of a collective association is formed at the expense of regular receipts of participants. The amount and procedure for making contributions must be determined in the memorandum of association and articles of association. The assets of an association or union may be generated from the following sources:

  • regular or one-time membership fees;
  • donations (including targeted donations);
  • proceeds from the sale of products, the fulfillment of orders and the provision of services;
  • dividends and other income (interest on shares, securities, deposits);
  • income from property (rent, etc.).

Territorial levels of associations

Russian public organizations differ not only in the forms of organizational structure, but also in the territory in which they operate. Currently, the following levels can be distinguished:

  • All-Russian public organization - has branches, representative offices or departments in more than half of the regions of the Russian Federation.
  • Interregional public organization - has independent structural units and operates on the territory of less than half of the country's subjects.
  • Regional public organization - carries out activities within one subject of Russia (territory, republic, region). To obtain this status, it is necessary to indicate in the charter that the work will be carried out within a certain territory.
  • Local public organization - carries out work on the implementation of statutory goals within the boundaries of a local government body (administrative district, district or settlement). Despite the small space for activities, local associations, as well as regional ones, have the right to create their own branches and representative offices and further increase their territorial level.

Children's and youth associations

Public organizations in Russia whose activities are aimed at the development and protection of children and younger generation, deserves special mention. Their creation and work are regulated not only by the Federal Law of May 19, 1995 No. 82-FZ, but also by international documents - the Geneva Declaration of the Rights of the Child of 1924 and the UN Convention on the Rights of the Child of 1984.

Children's public organizations have a positive social and moral orientation and are considered as a significant factor in the development of the next generation of society. The right to participate in the work and the status of an active participant in a children's public association is received by minor citizens who have reached the age of 8 years. However, they cannot be founders and participate in management, as they do not have sufficient civil legal capacity.

Youth public organizations have the right to include age restrictions for participants in the statutory documents. Thus, the age category of members will demonstrate that the public formation belongs to youth associations.

Documents for registering an association

freedom civil society manifests itself in the order of creation of public organizations in Russia. They are considered created not from the date of state registration, but from the moment a decision on their creation is made at a conference or general meeting of founders. Thus, the state recognizes the right of citizens to association as realized in fact from the moment of the corresponding expression of will.

The procedure for registering associations is carried out according to the norms of Art. 21 of the Federal Law of May 19, 1995 No. 82-FZ and consists of 2 stages: making a decision and making an entry on the creation of a legal entity in the Unified State Register of Legal Entities. From the moment the latter is committed, the public association acquires its legal capacity.

The list of documents for registering a public association is defined in paragraph 28 of the Administrative Regulations, approved by Order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 455. It includes:

  1. Application for registration. The application form R11001 is used, approved by order of the Federal Tax Service dated January 25, 2012 No. ММВ-7-6 / [email protected] The relevant columns of this application shall contain information about the founders and the address (location) of the permanent governing body.
  2. Charter of an association or association (union) of public associations in 3 copies, stitched and numbered.
  3. Constituent agreement (agreement) or an extract from the minutes of the founding conference (congress, meeting, meeting). The latter should contain information about the creation of the association, the approval of the charter and the formation of governing and auditing bodies.
  4. A document confirming the payment of the state fee, the amount of which is determined in paragraph 1 of part 1 of Art. 333.33 of the Tax Code of the Russian Federation and amounts to 4,000 rubles. Payment is made on behalf of the applicant as an individual.
  5. Minutes of constituent meetings (conferences, congresses) of structural units for all-Russian, interregional and international associations. A regional public organization does not provide additional documents, even if it has branches and departments within the subject.
  6. In the case of using a personal name or a copyrighted sign in the name (symbols, motto), permission to use it is attached to the package of documents.

A set of documents is submitted for registration no later than 3 months from the date of the constituent assembly. The process of entering the association into the register as a legal entity should last no more than 17 days. This is 3 times longer than for commercial associations and is due to the specifics of the status.

Requirements for founders of associations

The process of creating an organization begins with a voluntary initiative of its founders, who decide on the need for the emergence of a public formation to protect their own and public interest, achieving common goals. Before creating a public organization, it is necessary to check how its founders meet the requirements of the founders of public associations.

The number of founders cannot be less than 3, but maximum size unlimited, which allows the social movement to flourish. The origins of public organizations can be individuals and legal entities ( non-profit associations), which, within the framework of formation, will have equal rights and responsibilities.

The main conditions for founders and members of a public association are 18 years of age and full legal capacity. The only exceptions are members of children's and youth associations, where the age can start from 8 and 14 years old, respectively.

Despite the fact that the Federal Law of May 19, 1995 No. 82-FZ speaks exclusively about citizens, foreigners and stateless persons who are legally in the country can also act as the founder of an organization or movement.

  1. Foreign citizens and stateless persons included in the "black lists" Russian Federation.
  2. Persons (people and organizations) included in the list of suspects in extremist and terrorist activities.
  3. Public associations of various forms prohibited in the Russian Federation (“Right Sector”, “ Islamic state”,“ The Union of the Bloody Harvest ”, etc.).
  4. Individuals who are held in places of deprivation of liberty by a court decision. And we are talking only about serving real terms, but not about those under the condition of early release.
  5. Bodies of state power, local self-government of any levels. However, this restriction does not apply to state and municipal employees as individuals.

The founders are not required to obtain permission or notify the authorities of their decision to create a public association, since the state should not exert any influence on its activities.

Charter of a public association

Details of the structure, future activities, features of relations between participants and other provisions are described in the charter, which is the founding document of the association. The content of this document, in in general terms, consists of the following:

  1. General information about the created public association - name (full, abbreviated), address, organizational form and the area in which the activity is carried out.
  2. The goals of the association, which is understood as the intended result of its existence. It should be borne in mind that the intentions declared in the charter cannot be related to entrepreneurial activity i.e. making a profit. A public organization of Russia should strive to achieve social, charitable, cultural, educational and scientific goals, as well as the goals of protecting health, meeting spiritual and other non-material needs, protecting rights and legitimate interests, peacefully resolving conflicts, providing assistance (psychological, legal, material) . The list of good intentions is very long and is always compiled with association in mind.
  3. A detailed description of the structure of the association, managing and financial and auditing bodies with a description of their powers, the procedure for formation and work. The rights of public organizations to determine the competence, formation and term of office of the governing bodies are very broad. Periodic conferences, general meetings, the board, the council of the association, the board of trustees (for foundations) can act as them. In general, all management structures are divided into higher, which determine the direction and principle of work, and executive, responsible for the current management. Auditing bodies, in turn, exercise control over financial activities public association, directing the accumulated property for the fulfillment of statutory goals.
  4. Regulations on the replacement and reorganization of the governing and control and financial bodies at the end of the period determined by the founders.
  5. Conditions for obtaining and losing membership, as well as the procedure for joining and exclusion from the association.
  6. List of rights and obligations of members (participants) of a public association. Since the creation of the formation is based on voluntariness, the charter should not oblige them to do anything for the effective operation of the organization. Basically, the obligations of the participants relate to the timely payment of contributions, participation in management, the implementation of decisions of the governing and auditing bodies, and the inadmissibility of causing damage. The list of rights of members of associations, in addition to those enshrined in law, may include the possibility of obtaining information about the work of the organization as a whole and its bodies in particular, receiving assistance, advice, participation in ongoing events, receiving benefits and privileges.
  7. Social association symbols have great value for its activities and therefore their description (including graphic images) is given in the content of the charter.

Both the association itself as a legal entity and its founders (participants) must be guided by the requirements of the charter of a public association. Other participants in legal relations with a particular public association should also take into account the provisions of the charter of the partner public association, since the exchange of copies of constituent documents is a common practice when concluding any type of agreement.

Entrepreneurial activities of associations

The founders often think about the question of how to create a public organization in order to be able to carry out activities with profit, which will cover, in whole or in part, the expenses of the association. According to paragraph 4 of Art. fifty Civil Code RF, any non-profit associations have the right to carry out profit-making activities, if this is provided for by their Charter. However, the norm also contains a restriction - income must be directed to achieve the goals of associations and cannot be redistributed among its participants (members).

Public organizations can receive income from the following sources:

  • use of property, including its lease;
  • production of goods and provision of services;
  • accommodation Money on deposit accounts;
  • acquisition and turnover of shares and securities;
  • participation in business companies as a contributor.

It is worth taking into account the position of the Supreme Arbitration Court, which in Resolution No. 1441/97 of July 08, 1997 did not recognize as income the interest received by a housing construction cooperative from placing funds on a deposit account with the Savings Bank of Russia. The court pointed out that the activities of the cooperative are not entrepreneurial, since they are implemented not by the non-profit organization itself, but by its representative (bank).

However, if the profit is received systematically, is most its income and is directed to the needs of the formation itself, such activities of public organizations are already entrepreneurial.

Creation of a public association without registration

Information on the procedure and requirements for registration of public organizations can be found in open access. But not everyone can understand how to create a public organization without formal registration.

Such a formation arises as an ordinary association of citizens, and the right to create it is provided for in Art. 3 of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations". The requirements and procedure for creating an association do not differ from those provided for public organizations acting as a legal entity. However, the list of documents is limited to the articles of association and articles of incorporation, which remain in the custody of the governing body.

Benefits informal associations allocate the opportunity not to maintain accounting and tax documentation, not to spend money and time on registration and reporting to the Ministry of Justice. But on the other hand, an association without obtaining the status of a legal entity cannot be a participant in civil transactions, have its own funds and open bank accounts, act as a representative of interests, and manage property. Thus, it can only use deliberative opportunities and exchange information.

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

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

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

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

"one. Create a public organization "Society of wildlife lovers "Green Planet";

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

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

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

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

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

2. Who will be the founder of the association.

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

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

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

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

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

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

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

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

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

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

- all-Russian which have their own structural subdivisions (organizations, branches, departments and representative offices) and thus carry out their activities in the territories of more than half of the subjects of the Russian Federation,

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

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

- local operating within the territory of a local self-government body (Article 14).

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

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

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

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

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

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

In practice, this guarantee means " pure water» fiction, since no such public association will be able to function normally without being a legal entity: it will not be able to open its bank account, it will not be able to rent premises, etc. etc., so it has to seek state registration.

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

A political public association is subject to state registration in without fail(Part 2, Article 21).

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

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

a) freely disseminate information about their activities;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A public association is understood as a voluntary, self-governing, non-commercial formation created on the initiative of citizens united on the basis of a common interest in order to achieve the common goals specified in the charter of this organization. Public associations may be created in one of the following organizational and legal forms: a public organization, a public movement, a public foundation, a public institution, a public amateur body, a political public association or a union (association) of public associations. Only natural persons and (or) public organizations (both Russian and foreign) can act as founders of public associations.

According to the Law of the Russian Federation "On Public Associations", the decision on the state registration of a public association is made by the federal body executive power in the field of justice or its territorial subdivision. An entry on the establishment of a public association in the Unified Register of Legal Entities is carried out by the authorized body - the tax inspectorate, in accordance with federal law"On State Registration". Thus, it is clearly seen that the creation and registration of public associations has its own characteristics, like other non-profit organizations, this applies to the procedure itself, and the package of documents, and others. important points Therefore, the help of an experienced specialist is often needed.

In order to carry out state registration of public associations, it is necessary to submit the following package of documents for registration to the federal body of justice or its corresponding territorial structural unit: public organization, institution, movement, etc.:

  • a statement signed by members of the continuously functioning governing body of the organization, indicating their last names, first names, patronymics, places of residence and contact numbers (in 2 copies);
  • name of the public association;
  • charter of a public association (in 3 copies);
  • an extract from the minutes of the general meeting containing information on the establishment of a public association, on the approval of its charter and on the corresponding creation of a governing and controlling body;
  • information about the founders (in 2 copies);
  • a document confirming the fact of payment of the state fee;
  • information about the address, location of the continuously functioning governing body of the public association, through which communication with the public association is carried out;
  • minutes of constituent congresses (conferences) or general meetings of structural units, if we are talking about international, all-Russian and interregional public associations;
  • if a public association uses given name citizen, symbols protected by the legislation of the Russian Federation on the protection intellectual property or copyright, it is necessary to submit documents confirming the right to use them;
  • information about the chief accountant of the public association (copy of passport, postal code of registration, contact phone number);
  • information about the bank in which it is planned to open a current account (name, address, contact phone number).

The term for registering a public association is about one and a half months. So, in particular, at the first stage within 30 days. The Ministry of Justice must decide on the state. registration of the association (or refuse). After that, in case of a positive decision, they proceed to the second stage: information about the new legal entity is entered in the Unified State Register of Legal Entities (5 working days) and an appropriate certificate is issued (3 working days). In addition, it is necessary to carry out tax registration, open a bank account, receive codes from the State Statistics Committee, etc., which can also take about 5-10 days.

The procedure for creating public associations is quite painstaking and time-consuming, requiring knowledge of many legal subtleties and experience. Not everyone knows how to create such a non-profit organization. Therefore, we offer you professional assistance in registering a non-profit organization in the form of a public association. Turning to us, you can be sure that the state registration of public associations will be carried out by professionals. In addition, we always give guarantees for our services, which will also become a confirmation of the reliability of cooperation with us for you.

Basic cost of registration of public associations

Registration of a public association in the form of a public organization, movement, fund, institution, etc. and its cost depend on many factors: which form you choose, whether you need additional services: making a seal, opening a bank account, etc. In addition, you can also choose from us a legal address for which the registration of a public association: institutions, movements, etc. will definitely be successful.

The standard package of services for registering a public association includes:

  • free consultation on all issues of registration of a public association;
  • preparation of registration documents;
  • payment of state duties and fees;
  • support of the registration procedure with the Federal Registration Service with obtaining a certificate of state registration of the organization;
  • receiving a letter from the State Statistics Committee on the assignment of codes;
  • tax registration;
  • registration in off-budget funds;
  • production of automatic printing.

In addition, our company offers a number of additional services for registration and support of a non-profit organization in the form of a public association. We can offer full support when it is necessary to register a public association in the form of a public organization, institution, foundation, movement, etc.

Additional services provided upon registration of public associations

In today's legal services market, registration non-profit organizations is an extremely demanded product, but, nevertheless, piece. This is due to the fact that the state registration of a public organization, movement, fund, etc. has many nuances that not even every lawyer knows about. In addition, the lack of unambiguous and clear legislation governing the registration and activities of non-profit organizations makes this field of knowledge extremely complex and multifaceted, so not every specialist will undertake the registration of a non-profit organization.

Our specialists have many years of experience in the field of registration of non-profit organizations in the form of a public association, and we offer you reliable and professional assistance. You can also be sure that the registration of your public organization or foundation will take into account all legislative norms and the procedure for creating such associations, and the price of this service will pleasantly surprise you with its democratic nature, along with its high quality. Trust only true professionals!

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

Registration of a non-profit public organization

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

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

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

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

Documents for registration of a public organization

The Ministry of Justice needs to prepare:

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

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

Refusal to open a public organization

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

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

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

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

Creation of a public association without registration

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

To create an NPO without registration, you need:

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

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