Registration of a public organization in Russia. Procedure and terms of registration of a public organization

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 public organization make sure that the formation meets the following conditions:

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.
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.
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 public organization are a set of conditions and signs established in the current legislation that are characteristic of a certain category 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.

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.
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 bring together a large number of people of different ages and status, which, accordingly, allows organizing crowded events.
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.
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.
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.
Political Party. This form of public association aims to involve citizens of the Russian Federation in political life society in the form of forming their beliefs and positions, participation 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 the younger generation, deserve special mention. Their creation and operation are regulated not only federal law dated May 19, 1995 No. 82-FZ, but also 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 not created from the day state registration, but from the moment the decision on their creation is made at a conference or general meeting of the 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 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:

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 contain information about the founders and the address (location) of the permanent governing body.
Charter of an association or association (union) of public associations in 3 copies, stitched and numbered.
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.
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.
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.
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 you to flourish social movement. The origins of public organizations can be individuals and legal entities ( non-profit associations), which within the framework of the formation will have equal rights and obligations.

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.

Foreign citizens and stateless persons included in the "black lists" Russian Federation.
Persons (people and organizations) included in the list of suspects in extremist and terrorist activities.
Public associations of various forms prohibited in the Russian Federation (“Right Sector”, “ Islamic state”,“ The Union of the Bloody Harvest ”, etc.).
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.
Organs 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 general terms, consists of the following:

General information about the created public association - name (full, abbreviated), address, organizational form and territory within which activities are carried out.
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, that is, 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.
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.
Regulations on the replacement and reorganization of the governing and control and financial bodies at the end of the period determined by the founders.
Conditions for obtaining and losing membership, as well as the procedure for joining and exclusion from the association.
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, implementation of decisions of the governing and auditing bodies, 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.
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. 50 of the Civil Code of the Russian Federation, any non-profit associations have the right to carry out profitable 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 circulation of shares and valuable papers;
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 circulation, have own funds and open bank accounts, act as a representative of interests, manage property. Thus, it can only use deliberative opportunities and exchange information.

Basic provisions on public organizations

Founders and charter of a public organization

Rights and obligations of a participant (member) of a public organization

Features of management in a public organization

The concept and basic provisions of a public organization

Law No. 99-FZ dated 05.05.2014 introduces into § 6 "Non-profit corporate organizations" of the Civil Code of the Russian Federation a whole section 3 "Public organizations" (articles 123 8 - 123 11):

Article 123 4 . Basic provisions on public organizations

Public organizations voluntary associations of citizens who have united in the manner prescribed by law on the basis of their common interests to meet spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law are recognized

A public organization is the owner of its property. Its participants (members) do not retain property rights to the property transferred by them to the ownership of the organization, including membership fees.

Participants (members) of a public organization are not liable for the obligations of the organization in which they participate as members, and the organization is not liable for the obligations of its members.

Public organizations may form associations (unions) in accordance with the procedure established by this Code.

A public organization, by decision of its participants (members), may be transformed into an association (union), an autonomous non-profit organization or a foundation.

Commentary on Article 123 4 of the Civil Code

Previously given in the Law "On Public Associations" the concept of a public organization has not undergone significant changes.

A public organization is a formation that is characterized by the following features:

voluntariness;

self-management;

non-commercial character;

created on the initiative of citizens united on the basis of common interests;

was created to achieve the common goals of the participants, which are at the same time statutory goals (in other words, it has a target orientation of activity).

Voluntariness means an opportunity for citizens without any obstacles and without taking into account external reasons, without coercion, having shown free will, to join a public organization (become its participant). Article 30 of the Constitution of the Russian Federation establishes: "everyone has the right to association" and "no one can be forced to join or stay in any association."

self-management means the autonomous, independent functioning of the organization and the determination of its statutory goals by the free choice of its founders.

non-commercial nature assumes that making a profit is not the main goal of the activity of a public organization and that the profit received is not distributed among its participants. However, profit-making is, in principle, permissible. At the same time, entrepreneurial activity can be the main source of financing for their activities, but if the purpose of such organizations is not to make a profit, then they will still be non-profit.

The ban on the distribution of profits essentially means limiting the right to dispose of this profit.

The creation of an organization on the initiative of citizens united on the basis of a common interest means the creation, by the will of citizens, of at least three in number, which is directly and unequivocally expressed. Initiative manifests itself in the form of actions to create an organization, in a certain order.

Another essential feature is that any organization is created to implement the common goals of uniting citizens.

The goals are fixed in the charter of a public association. Public organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical culture and sports, meeting the spiritual and other non-material needs of citizens, protecting the rights, legitimate interests of citizens and organizations, resolving disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public benefits.

Only natural persons can now be founders of a public organization.

Founders and charter of a public organization

Law No. 99-FZ of May 5, 2014 introduces an article on the requirements for founders and the content of the charter of public organizations:

Article 123 5 . Founders and charter of a public organization

The number of founders of a public organization cannot be less than three.

The charter of a public organization must contain information about its name and location, the subject and goals of its activities, as well as conditions on the procedure for joining (accepting) a public organization and leaving it, the composition and competence of its bodies and the procedure for making decisions by them, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, on the property rights and obligations of a participant (member) of the organization and on the procedure for distributing property left after the liquidation of the organization.

Commentary on Article 123 5 of the Civil Code

The Civil Code establishes a new minimum number of founders of a public organization - 3 people (which corresponds to the provisions of the Law "On Public Associations").

The founders of a public organization can be any individuals, not just citizens of the Russian Federation.

Restrictions may be specifically provided for in the law. For example, in accordance with Article 2 of Law No. 10-FZ "On Trade Unions, Their Rights and Guarantees of Activity", individuals who have reached the age of 14 and are engaged in labor (professional) activities have the right to join a trade union. Citizens of the Russian Federation living outside its territory may be members of Russian trade unions. Foreign citizens and stateless persons residing on the territory of the Russian Federation may be members of Russian trade unions, with the exception of cases established by federal laws or international treaties of the Russian Federation.

All restrictions on the circle of persons who can be founders, established earlier in the Law "On Public Associations", are removed.

Article establishes General requirements to the content of the only constituent document of a public organization - the charter.

A legal entity has its own name, containing an indication of its organizational and legal form.

The name of a public organization must contain an indication of the nature of their activities.

Taking into account the special legal capacity of non-profit organizations (Article 49 of the Civil Code) and in accordance with Article 52 of the Civil Code, the charter of a public organization must also determine its location, the procedure for managing the activities of a legal entity, as well as the subject of activity of a legal entity.

Rights and obligations of a participant (member) of a public organization

Law No. 99-FZ of May 5, 2014 introduces an article on the rights and obligations of a participant (member) of a public organization:

Article 123 6 . Rights and obligations of a participant (member) of a public organization

A participant (member) of a public organization carries out corporate rights provided for by paragraph 1 of Article 65 2 of this Code, in the manner prescribed by the charter of the organization. He also has the right, on an equal footing with other participants (members) of the organization, to use the services provided by it free of charge.

A participant (member) of a public organization, along with the obligations provided for participants in a corporation by paragraph 4 of Article 65 2 of this Code, also bears the obligation to pay membership and other property contributions provided for by its charter.

A participant (member) of a public organization, at his discretion, has the right to withdraw from the organization in which he participates at any time.

Membership in a public organization is inalienable. The exercise of the rights of a participant (member) of a public organization cannot be transferred to another person.

Commentary on Article 123 6 of the Civil Code

Public organizations are created on the initiative of their founders. Founders "automatically", i.e. at the same time from the moment the organization is created, they become their members (participants), acquiring the appropriate status.

The main rights and obligations of participants in a public organization are indicated in the article.

Management in a public organization

Law No. 99-FZ of May 5, 2014 introduces an article on the regulation of management issues in public organizations:

Article 123 7 . Features of management in a public organization

The exclusive competence of the highest body of a public organization, along with the issues specified in paragraph 2 of Article 65 3 of this Code, also includes the adoption of decisions on the amount and procedure for payment by its participants (members) of membership and other property contributions.

A sole executive body (chairman, president, etc.) is formed in a public organization, and permanent collegial executive bodies(council, board, presidium, etc.).

By decision of the general meeting of members of a public organization, the powers of its body may be prematurely terminated in cases gross violation by this body of its duties, revealed inability to properly conduct business or in the presence of other serious grounds.

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How to open a non-profit organization step by step

In the past, a separate service (FRS) was in charge of state registration issues. But later it was abolished, and the fictions were transferred directly to the Ministry of Justice. As a result, there have been some changes in the procedure:

registration of organizations;
correction of information previously indicated in the constituent papers;
reorganization;
and finally liquidation.

Whatever it was, but only one question is of interest: how to open a non-profit organization? You will need to contact the Department of Justice directly. It is this department that registers NGOs, both Russian and foreign, in the event that the latter intend to start working in the country.

In each region, there are territorial offices of the Ministry of Justice, which are in charge of opening certain organizations. Submission of a package of constituent documents is carried out both personally by the founders and through the Russian Post. In the latter case, the papers are sent by registered mail along with the description.

At the same time, there are many specialized commercial organizations in the country that can fully take care of all the necessary chores for a separate fee, of course. On average, their services in the Russian Federation cost 15 thousand rubles.

What is needed to open

First of all, you should perform the following sequence of actions:

come up with a name;
find the premises, the location of which will become the legal address;
determine the direction of activity;
fix the decision to establish an NPO.

The chosen name of the organization should indicate the nature of its activities. The law prohibits the use of names state structures both full and in the form of abbreviations.

The location of the organization is determined by the place of registration. The legal address is entered into the State Register of Legal Entities, which must be within the boundaries of the territorial entity chosen for work.

There is a fairly wide range of activities. This circumstance allows the founders of NCOs to choose the most appropriate form.

The decision to establish an organization is made by the initiators unanimously at the general meeting, in the situation where the NPO decided to create several citizens. Then it is necessary to approve the charter and form the board.

Only after carrying out all the above preliminary procedures, you can begin to collect the required documents.

NPO Forms

Religious or social organizations. They are associations of citizens who adhere to common views and worldviews. Their task is to satisfy the needs of an intangible nature.

Charitable Foundation. This type organization differs from the above in that there is no membership in it. It was established on the initiative of commercial structures, and individuals. The basis of its activities is the collection of voluntary donations directed to the following purposes:

charitable;
social;
cultural;
educational, etc.

It is also worth mentioning the non-profit partnership. This form of NPO is based on membership. Both citizens and legal entities can establish it. The main task is to assist all participants in the organization in achieving various goals that are significant for society.

A private institution is an NPO founded by one citizen or legal entity. Its purpose is to carry out the following non-commercial functions:

socio-cultural;
managerial.

It is also worth mentioning the autonomous NPO. An organization of this kind does not have a membership and is created to provide the following services:

educational;
healthcare;
cultural;
scientific;
legal;
sports, etc.

The Association is an association of both legal entities and individuals designed to protect common interests.

Cossack society. It's another form civil organization acting to ensure:

protection of rights;
preservation of the traditional way of life;
revival of the Cossack movement;
conducting business activities;
cultural development.

Communities of indigenous small nationalities of the Russian Federation.

A specific form of organization that unites persons on the following grounds:

related;
territorially neighboring.

The purpose of existence is to preserve traditions, culture and crafts.

Each form of association has the right, after registration, to create in other regions:

branch;
separate division.

They, in turn, must also be registered at their location.

See also: How an individual can open a foreign currency account with Sberbank

Required documents

Submission of papers for registration must be carried out no later than 3 months after the constituent assembly. Legislation specifies that the following documents are needed in without fail:

application certified by a notary (form РН0001);
memorandum of association or approved articles of association;
resolution on creation (2 copies);
a document confirming the transfer of the state fee;
information about the location of the NGO.

The application must include the full names of the founders, their home addresses and contact phone numbers.

As a document containing information about the location of the NPO, the following are suitable:

certificate of ownership of real estate;
lease agreement;
letter of guarantee, etc.

Terms of consideration and submission of documents

As practice shows, the review takes quite a lot of time. In general, the whole process can be divided into the following stages:

preparation of documents;
transfer to the bodies of the Ministry of Justice;
registration of NCOs in the state register;
tax registration, pension fund, employment service;
obtaining permission for printing and its production;
acquisition of the status of an NPO in the Federal Tax Service.

As you can understand, the procedure is quite complicated and requires careful preparation.

To avoid delays, it is extremely important to comply with all norms of relevant legislation. A professionally compiled package is a guarantee that it will take a minimum of time to open. Registration itself usually takes approximately 30 days.

The duty is 4 thousand rubles. Payment can be made through any commercial or state bank in a non-cash manner. Finding out the details of the local branch of the Ministry of Justice is not difficult - just visit its official website.

What documents are issued by government agencies

After the issue is resolved positively, the Ministry of Justice forms an appropriate resolution, on the basis of which data on the new legal entity is entered in the tax service.

After that, the founders will only have to receive a certificate of registration. From that moment on, the organization is recognized as a legal entity. Its founder receives a TIN from the Federal Tax Service. Then he will have to pick up the statistical codes assigned to the organization. To do this, you will need to provide an application, an extract from the state register of legal entities and a certificate of registration there. Rosstat can be contacted not only by the founder himself, but also by his representative. The latter must have a power of attorney issued by a notary.

Like any legal entity, an NPO, in turn, is required to register with some extra-budgetary state funds. It's about about:

This procedure is obligatory due to the fact that the format of the activities of NPOs involves the use of hired work force. It is important to understand that everything necessary information the above organizations receive from the tax authorities or the Ministry of Justice. That is, the founders will only have to pick up registration certificates.

NCOs are not required to open a bank account. But it is worth knowing that the absence of it in the future can significantly complicate the work. The thing is that mutual settlements between legal entities should be made exclusively in a non-cash form.

Only after receiving all the documents mentioned above, a non-profit organization has the right to engage in statutory activities.

Are you engaged in a socially useful cause and want to make your work professional, join forces with other citizens and create a public organization? We can give you advice on how to save your time and create an NGO without too much hassle.

Public relations of citizens are regulated by the current legislation of the Russian Federation, and when exercising the rights of citizens to associate, create, liquidate and (or) reorganize public associations, there are certain conditions determined by law. It is difficult to understand this set of legislative acts without a consultant. But the first step is the desire, by uniting with others, to make our life a little better, you have already done.

The following documents are required for state registration of public associations:

1. Charter of a public organization.
2. Minutes of the general meeting of founders.
3. Application for registration, including information about the governing body.
4. Information about the founders-initiators of the creation of NCOs.
5. Regulations on branches (if any).

All these documents are submitted in 2 copies to the Department of the Ministry of Justice of the Russian Federation for the Tver Region, where the organization is registered.

At the moment, in Russia there is the possibility of creating organizations that do not have the main goal of their activities to make a profit, in the following forms:

1. Public organization.
2. Social movement.
3. Public fund.
4. Public institution.
5. Organ of public initiative.
6. Non-commercial partnership.
7. Institution.
8. Autonomous non-profit organization.
9. Fund.
10. Association (union).
11. Religious organization.
12. Association of homeowners.
13. Consumer society.
14. Union of Consumer Societies.
15. Consumer cooperative.
16. Agricultural cooperative.
17. Union of agricultural cooperatives.
18. Trade union.

Member organizations are more democratic, mobile than other non-profit organizations: supreme body management in a member organization is always only a general meeting (conference, congress) of members, other management and control bodies are necessarily accountable to it; any member of the organization can apply for participation in work in elected bodies; information about the activities of the organization should be available to all members. The founders of such an organization are in no way different from the newly admitted members: the founding members can be expelled from the organization in the same way as others; when voting, founding members may remain in the minority, and a decision will be made that does not meet the interests of the founders. Legislation prohibits giving founding members more rights than other members of the organization. In order to protect the interests of the founders, to prevent the adoption of decisions leading to a change in the policy of the organization, but, on the other hand, not to artificially limit the influx of new members, many affiliates establish a "trial period" for future members. In the presence of such a procedure, any person wishing to join the organization first becomes a candidate member (associate member) for a predetermined period, and only then, provided that there are no complaints against the candidate, he is accepted as a member (full member). During the candidacy period, the future member of the organization takes part in all meetings, events, pays fees and performs other duties, but the range of rights of the candidate is usually much narrower than that of a member of the organization, and most importantly, he may not have the right to vote when making decisions at general meetings or cannot be elected to the governing bodies.

The legal status of the considered non-profit organizations in the Russian Federation is regulated by:

“Everyone has the right to association, including the right to form trade unions to protect their interests. The freedom of activity of public associations is guaranteed.

No one shall be compelled to join or remain in any association."

Article 117. Public and religious organizations (associations);

Article 118 Foundations;

Article 119

Article 120 Institutions

It is very important to know the procedure and rules for registering public associations, which is regulated by:

The Ministry of Justice of the Russian Federation, being the federal executive body conducting public policy and exercising management in the field of justice, as well as coordinating the activities in this area of other federal executive bodies, in accordance with the tasks assigned to it, among a number of main functions, carries out state registration of all-Russian and international public associations, branches of foreign non-governmental associations, as well as legal entities in cases stipulated by the legislation of the Russian Federation.

Liquidation of public associations Supreme Court RF is carried out on the basis of Art.

29 and 52 of the Federal Law "On Public Associations". This means that associations are liquidated not only because they have not passed state re-registration within the prescribed period (Article 52 of the Federal Law), but also because they do not comply with the requirements of Art. 29 of the Law on the annual submission to the registration authority of information on the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the leaders in the amount of information included in the unified state register of legal entities. Part 2 Art. 29 of the said Federal Law indicates that the failure to submit updated information for entering into the unified state register within 3 years entails an appeal by the body that registered the association to the court with a claim to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register of legal entities.

We hope that the information we provide will help you get started. If you write to us about your experience, we will be happy to post this information about ourselves on the site.

Article 6. Founders, members and participants of a public association

The founders of a public association are individuals and legal entities - public associations that convened a congress (conference) or general meeting at which the charter of a public association is adopted, its governing and control and audit bodies are formed. Founders of a public association - individuals and legal entities - have equal rights and have equal responsibilities.

Members of a public association are individuals and legal entities - public associations, whose interest in jointly solving the problems of this association in accordance with the norms of its charter is formalized by appropriate individual statements or documents that allow taking into account the number of members of a public association in order to ensure their equality as members of this association. Members of a public association - individuals and legal entities - have equal rights and bear equal duties.

Members of a public association have the right to elect and be elected to the governing and control and auditing bodies of this association, as well as to control the activities of the governing bodies of a public association in accordance with its charter.

Members of a public association have rights and bear obligations in accordance with the requirements of the rules of the charter of the public association, and in case of non-compliance with these requirements, they can be expelled from the public association in the manner specified in the charter.

Participants of a public association are individuals and legal entities - public associations that have expressed support for the goals of this association and (or) its specific actions, participating in its activities without obligatory registration conditions of its participation, unless otherwise provided by the charter. Members of a public association - individuals and legal entities - have equal rights and bear equal obligations.

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 formalize 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 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-Commercial 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 the name or symbolism of the association uses intellectual property- 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 get required list securities directly with 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.

Registration of a 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. At the present stage, NGOs 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:

Current legal requirements.
Goals and objectives that are set for the organization. It is important that they comply with the law.
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:

Foreigners or stateless persons for whom there is a ban on being in the territory of the state.
Entities that are on the list subject to the Federal Law on money laundering and terrorist financing.
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).
Subjects who, by a court decision, are involved in extremist activities.
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:

It is important that the type of activity corresponds to the goals for which the non-profit organization is being created.
In the charter of the structure, it is important to prescribe all types of activities that the NPO plans to conduct.
The Unified State Register of Legal Entities provides complete 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 is necessary to collect documents for registration of a public association. The package of papers includes:

Statement. The application form upon creation can be taken from the registration authority. The document is drawn up in two copies.
Constituent papers, or rather, the charter (in triplicate).
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.
Papers confirming the payment of state duty (receipt) - 2 units.
Information about the participants of the NPO — 2 items.
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.
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.
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.
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:

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.
The name of the structure carries elements of an insult to morality, as well as religious and national feelings.
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.
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.
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.

One of the most common forms of non-profit organizations, which are subject to special requirements for their registration, are public associations. According to the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" *(115) (Article 3), a public association should be 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 the common goals specified in the charter of a public association."

A public association can function both in the form of a legal entity (that is, registered in such a capacity in a certain way) and without forming a legal entity. Accordingly, depending on whether or not it is registered as a legal entity, a public association has a more or less extensive range of rights and obligations.

At the same time, the peculiarity of a public association is that it is not an organizational and legal form in itself. This is just a collective term that includes organizational and legal forms of legal entities that fall under the general characteristics of a public association: voluntariness, self-governance, non-commercial activity, community of interests and goals of members. Such organizational and legal forms are recognized:

Public organization;

Social movement;

Public fund;

public institution;

body of public initiative;

Political Party.

Each of the listed organizational and legal forms, along with the general features characteristic of a public association, have their own features that are inherent in each of the forms separately.

A public organization is a public association based on membership, created on the basis of joint activities to protect common interests and achieve the statutory goals of united citizens (Article 8 of the Law on Public Associations).

A public movement is a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the public movement (Article 9 of the Law on Public Associations).

A public fund is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other receipts not prohibited by law and use this property for socially useful purposes. The founders and managers of the property of a public fund are not entitled to use the said property in their own interests (Article 10 of the Law on Public Associations).

A public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the specified association (Article 11 of the Law on Public Associations).

A body of public amateur performance is a public association that does not have membership, the purpose of which is to jointly solve 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 and the implementation of programs of the public body. amateur performances at the place of its creation (Article 12 of the Law on Public Associations).

The legal status of a political party is determined by a separate block of legislation. At the same time, the issue of state registration of a political party is also regulated separately, so it will be considered in a separate article. paragraph.

Thus, the essential property of a public association is the expression of the interests of a certain stratum of society (a group of citizens), for example, business circles, youth, women, pensioners, veterans, etc. Accordingly, the goals pursued by such associations are quite significant and necessary for society. Not without reason, therefore, public associations are the basic integral part civil society that controls the activities of the state *(116) . Important in this sense is the norm enshrined in Part 1 of Art. 17 of the Law on Public Associations. According to it, the interference of public authorities and their officials in the activities of public associations, as well as the interference of public associations in the activities of public authorities and their officials, is not allowed, except in cases specified by law.

One such exception is the state registration of public associations as legal entities. The Law on Public Associations fixes some features of the special procedure for registration.

So, there are some special requirements for applicants. For example, the founder of an association can be both an individual who has reached the age of eighteen (despite the fact that citizens of a much younger age can be members of a public association), and other legal entities - public associations. Foreign citizens and stateless persons legally residing on the territory of the Russian Federation may also be founders of public associations, with the exception of cases established by international treaties of the Russian Federation or federal laws. One of such exceptional cases is established in the Law on Public Organizations itself (Article 19). According to the Federal Law of January 10, 2006 N 18-FZ "On Amending Certain Legislative Acts of the Russian Federation", which introduced additions and amendments to the Law on Public Associations, the following cannot be founders of a public association:

1) a foreign citizen or a stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision has been made on the undesirability of their stay (residence) in the Russian Federation;

2) a person included in the list of organizations and individuals in respect of which there is information about their participation in extremist activities *(117) ;

3) a public association whose activities have been suspended in accordance with Article 10 of the Federal Law of July 25, 2002 "On counteracting extremist activity";

4) a person in respect of whom, by a court decision that has entered into legal force, it has been established that his actions contain signs of extremist activity;

Neither state authorities nor local self-government bodies can act as participants in public associations.

Accordingly, applicants for registration of a public association during its creation may be: a) the founder (founders) - natural persons; b) the head of another public association acting as the founder of the registered association; c) another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local self-government body.

When registering a public association in connection with its liquidation, only the liquidation commission or the liquidator may act as applicants.

Applicants for registration of amendments to the charter and (or) the state register may be a) the head of the permanent executive body of the legal entity being registered, and in the absence of such, another person who has the right to act on behalf of this legal entity without a power of attorney; b) another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local self-government body.

Similar to the latter is the list of possible applicants for state registration of a public association established through reorganization. Applicants for state registration of the creation of regional or local branches of all-Russian or interregional public associations are exclusively the all-Russian or interregional public association, respectively.

For state registration of a public association during its establishment, authorized applicants, within three months from the date of the founding congress (conference) or general meeting, which decided to register the public association as a legal entity, submit the necessary documents to the body that decides on state registration. Such documents according to par. 6 art. 21 of the Law on Public Associations are:

1) an application signed by members of the permanent governing body of the public association, indicating their last names, first names, patronymics, place of residence and contact numbers;

2) the charter of the public association in triplicate;

3) an extract from the minutes of the founding congress (conference) or general meeting, containing information on the creation of a public association, on the approval of its charter and on the formation of governing bodies and a control and audit body;

4) information about the founders;

5) a document confirming payment of the state fee;

6) information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out;

7) minutes of founding congresses (conferences) or general meetings of structural divisions for international, all-Russian and interregional public associations;

8) when a public association uses the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of own name- Documents confirming the right to use them.

The application form for the state registration of a public association is approved by Decree of the Government of the Russian Federation of April 15, 2006 N 212. The rules for filling out this form are similar to the rules that apply to filling out an application for registration of a legal entity with an ordinary status. It is only necessary to point out the following features.

According to Article 14 of the Law on Public Associations, all-Russian public associations are allowed to use in their names the words and phrases "Russia", "Russian Federation" and words and phrases formed on their basis without special permission from the competent state body.

For the body that decides on registration, the goals of creating a public association (the so-called statutory goals), which are indicated in the application, are also important. At the same time, the goals of the association indicated in the application must fully correspond with the goals enshrined in the charter of the public association.

The charter is the only founding document of a public association. According to Article 20 of the Law on Public Associations, it must contain the following information:

1) the name, goals of the public association, its organizational and legal form;

2) the structure of the public association, its governing and control and auditing bodies, the territory within which this association operates;

3) the conditions and procedure for acquiring and losing membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);

4) the competence and procedure for the formation of the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;

5) the procedure for introducing amendments and additions to the charter of the public association;

6) sources of formation of funds and other property of the public association, the rights of the public association and its structural subdivisions for property management;

7) the procedure for reorganization and (or) liquidation of the public association. All copies of the charter (three copies are required) are submitted in originals. The pages of the charter must be numbered, stitched, and the charter itself is certified by the head of the public association.

An important fact in the activities of a public association is the decision of the congress (conference) or general meeting on the creation of a public association, on the approval of its charter and on the formation of governing and control and audit bodies. It is from the moment these decisions are made that a public association is considered established: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes obligations stipulated by law (Article 18 of the Law on Public Associations). Due to the importance of these decisions, they (in whole or in the form of extracts from the protocol) must be submitted to the body that makes a decision on the state registration of a public association. The extract is submitted in two copies and must contain the following data: date and place of the founding congress (conference) or general meeting; the list of founders - participants of the founding congress (conference) or general meeting; information on the quantitative and personal composition of the working bodies (presidium, secretariat, etc.); creature decisions taken and the results of voting on them; information (surnames, first names, patronymics) about elected members of the governing and control and auditing bodies, last names and signatures of the chairman and secretary of the congress (conference) or general meeting responsible for compiling the minutes.

Information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out, is drawn up in any form. However, they must necessarily contain the following data: the name of the subject of the Russian Federation, district, city, other settlement, street, house number, apartment.

In addition, in order to register an international, all-Russian or interregional public association, it is necessary to submit the minutes of the founding congresses (conferences) or general meetings of their structural divisions to the body that decides on registration.

If a public association uses the personal name of a citizen, symbols protected by Russian legislation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name, the body that decides on the state registration of such an association will need an additional document confirming the authority associations for the use of similar products. A document confirming the authority of a public association to use the names of statesmen and public figures in its name is a decision on this issue by the relevant executive authorities of the Russian Federation at the location of the permanent governing body of the association. And a document confirming the authority of a public association to use symbols protected by Russian legislation on the protection of intellectual property may be a registration certificate of the State Patent Office of the Russian Federation, a decision of a judicial authority or another document of title.

To register a branch of a public association, all the listed documents certified by the central governing body of the public association, as well as a copy of the document on the state registration of the public association (copy of the State Registration Certificate of the public association) are submitted to the territorial body of the Federal Registration Service for the constituent entity of the Russian Federation. The state registration of a branch of a public association is carried out in the manner provided for the state registration of public associations. If a branch of a public association does not adopt its charter and acts on the basis of the charter of the public association of which it is a branch, the central governing body of this association notifies the territorial body of the federal body of state registration in the relevant subject of the Russian Federation of the existence of the said branch, its location , provides information about governing bodies. In this case, the said branch acquires the rights of a legal entity from the moment of state registration (Part 9, Article 21 of the Law on Public Associations).

All documents must be submitted in the state language of the Russian Federation - Russian.

The term of state registration of a public association depends on the fact being registered. Thus, the period for registering the facts of the creation, reorganization of a public association, amendments to the charter of the association or information about the association in the Unified State Register of Legal Entities is thirty days. And the period of registration of a public association in connection with its liquidation is much lower and amounts to ten days.

Upon the expiration of the registration period, the body of the Federal Registration Service must make one of the following decisions: either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

Unlike the registration of legal entities with an ordinary status, where the verification of the submitted documents is carried out exclusively formally, the decision to register a public association is based on a more thorough verification of the submitted documents. Let's call it quality control. In accordance with the Order of the Ministry of Justice of March 25, 2003 N 68, it includes an analysis of the charter and other "constituent documents" *(118) public association in terms of:

1) compliance with the Constitution of the Russian Federation, the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", the Federal Law "On Public Associations", federal laws on certain types of public associations;

2) availability complete list constituent documents required by law;

3) compliance with the proper procedure and correct execution of constituent documents;

4) the reliability of the information contained in the constituent documents submitted for state registration;

5) compliance of the name of the public association with the requirements of the law;

6) the presence in the Unified State Register of Legal Entities of a registered public association with the same name in the territory within which this association operates.

To implement the tasks set, the bodies that decide on the registration of a public association, if necessary, have the right (clause 2.2. Order of the Ministry of Justice of the Russian Federation of March 25, 2003 N 68):

1) to receive for familiarization from the association that applied for state registration the original copies of constituent documents and other materials;

2) receive information and explanations from representatives of public associations and other interested persons and organizations on issues related to the state registration of an association;

4) receive expert opinions on issues arising in connection with the state registration of the association;

5) perform other actions arising from the requirements of the law.

In the event of any comments on the submitted documents that require revision, but do not prevent the adoption of a decision on the state registration of the relevant public association, the bodies making the decision on registration may officially bring these comments to the attention of the permanent governing body of this association in writing. However, editing documents already under consideration is not allowed. A public association is only entitled to either continue the registration procedure according to previously submitted documents, or, upon a written application, return the materials submitted to the bodies of the Federal Registration Service. True, the second option is possible only if the decision on state registration of the public association has not yet been made.

After the expiration of one month from the date of acceptance of the documents, the body of the Federal Registration Service is obliged to make either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

The decision to refuse the state registration of an association can come only under strict legal regulation, which is contained in Article 23 of the Law on Public Associations. According to its content, the grounds for refusal are the following situations:

1) if the charter of a public association contradicts the Constitution of the Russian Federation and the legislation of the Russian Federation;

2) if an incomplete list of documents required for state registration determined by the Federal Law "On Public Association" is submitted or these documents are drawn up in an improper manner or submitted to an improper body;

3) if a person acting as a founder of a public association cannot be a founder;

4) if a previously registered public association with the same name operates within the same territory;

5) if it is established that the submitted constituent documents contain unreliable information;

6) if the name of a public association offends morality, national and religious feelings of citizens.

Based on the presented list of grounds, the following conclusions can be drawn.

Denial of state registration of a public association on the grounds of the inexpediency of its creation, as well as on other grounds not specified in the list, is not allowed.

Refusal to state registration of a public association is made in the form of a conclusion approved by an authorized person of the Ministry of Justice of the Russian Federation or its territorial body. Not later than one month from the date of adoption of the relevant conclusion, the applicants are informed of this in writing, indicating the specific provisions of the legislation of the Russian Federation, the violation of which resulted in the refusal of state registration of this association.

Denial of state registration, as well as evasion of such registration, may be appealed to a higher authority or a court of general jurisdiction.

If the procedural actions of the body of the Federal Registration Service for checking documents did not reveal any violations, the latter, within thirty days from the date the applicant submitted the documents, decides on the state registration of the public association.

On the basis of this decision and the information and documents submitted, the authorized registering body, within a period of not more than five working days from the date of receipt of these information and documents, makes an appropriate entry in the Unified State Register of Legal Entities and no later than the working day following the day such an entry is made, informs the body who made the decision on the state registration of the public association.

The body of the Federal Registration Service, no later than three working days from the date of receipt from the authorized registering body of information on the entry in the Unified State Register of Legal Entities about the public association, shall issue to the applicant a certificate of state registration.

Registration of a public organization in Russia. Procedure and terms of registration of a public organization

Definition of a public association

Conditions for creating an association

Organizational types of associations

Associations and unions of public associations

Territorial levels of associations

Children's and youth associations

Documents for registering an association

Requirements for founders of associations

Charter of a public association

Entrepreneurial activities of associations

Creation of a public association without registration

The concept and basic provisions of a public organization

Article 123 4 . Basic provisions on public organizations

Commentary on Article 123 4 of the Civil Code

Founders and charter of a public organization

Article 123 5 . Founders and charter of a public organization

Commentary on Article 123 5 of the Civil Code

Rights and obligations of a participant (member) of a public organization

Article 123 6 . Rights and obligations of a participant (member) of a public organization

Commentary on Article 123 6 of the Civil Code

Management in a public organization

Article 123 7 . Features of management in a public organization

Useful links on the topic "Changes to the Civil Code - Draft Civil Code of the Russian Federation 2013 - 2014: Public organizations as amended by the Law of 05.05.2014 No. 99-FZ"

Tags: public, corporate, organizations, public organizations, corporate organizations, public corporate organizations

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