Instructions: how to open an NPO from scratch. Procedure for registration of non-commercial and non-profit organizations and constituent documentation

A non-profit organization (hereinafter referred to as NPO) is an organization that does not have profit as the main goal of its activities and does not distribute the profits received among participants. Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and management goals, in order to protect the health of citizens, development physical culture and sports, satisfying the spiritual and other non-material needs of citizens, protecting the rights and legitimate interests of citizens and organizations, resolving disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public benefits.

Step-by-step instructions for registering a non-profit organization:

Stage 1. Data collection

Stage 1. Data collection

- Name

- Legal address

According to the law, each legal entity must have a location address at which the registration of this legal entity is carried out and where it can always be found executive agency.

In practice, this provision of the law was interpreted “in its own way”, as a result of which a division of the concept of “location of a legal entity” into “legal address” and “actual address” arose. In this regard, two separate concepts were formed, not formally formalized, but actively used in everyday life.

The term “actual address” means the address of the real location of the organization, where one can directly find its executive body.

The term “legal address” means the address specified in the constituent documents of a legal entity, which is indicated in the details of the organization in the course of its activities (when concluding contracts and transactions) and at the location of which the rights and obligations of the registered legal entity are determined.

In order to register an NPO at a legal address, you must have either the right to its property, or the legitimacy of its ownership by the owner (certificate of ownership), as well as your attitude towards it (lease agreement and letter of guarantee from the owner).

The home address of the Executive Body can be used as a legal address ( CEO, President, etc.). To do this, the Executive Body must be registered in the given living space or own it.

— Founders

The founders of NPOs can be individuals over 18 years of age and (or) legal entities.

A charitable institution can only be created by a charitable organization.

Institution of professional religious education (spiritual educational institutions) - only by religious organizations.

Public institution - individuals and legal entities that are public associations.

Founder educational institution may be: organs state power, organs local government, Russian and foreign organizations, individuals.

Founder of the higher educational institution, selling military professional educational programs, maybe exclusively the Government of the Russian Federation.

— Authorized capital

NPOs do not have an authorized capital; they are created and operate from funding sources:

— entrance and membership fees, the payment of which is provided for by the charter;

— voluntary contributions and donations;

— proceeds from events;

— entrepreneurial activity, corresponding to the goals for which the specified organization was created.

The founders' right to property. They do not retain property rights to the property transferred to these organizations (except for institutions), including membership fees, and do not distribute the profits received among participants.

— NPO management bodies

The highest governing body of a public organization, social movement And political party is a congress (conference) or general meeting. The permanent governing body of a public organization and social movement is an elected collegial body reporting to a congress (conference) or general meeting.

In a political party, governing and control and audit bodies are elected.

The public initiative body builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders. A special governing body of the fund, created without fail, is the fund's board of trustees. In other types of NPOs, a general meeting of members or a collegial supreme governing body is elected.

The executive body of a non-profit organization may be collegial and (or) sole. He carries out the current management of the activities of the non-profit organization and is accountable to the highest management body of the non-profit organization.

The supreme governing bodies of non-profit organizations in accordance with their constituent documents are: the collegial supreme governing body for an autonomous non-profit organization; general meeting of members for a non-profit partnership, association (union). The procedure for managing the foundation and other non-profit organizations is determined by the charter and relevant federal laws. Main function supreme body management of a non-profit organization - ensuring compliance by a non-profit organization with the goals for which it was created.

Supervisory and control bodies: board of trustees and control and audit body (audit commission). The law requires the creation of a board of trustees in foundations, public funds and a control and audit body in all types of public associations. In other non-profit organizations, the creation of such bodies is not necessary.

— Goals, activities

Non-profit legal entities have the right to carry out only those types of activities that are expressly provided for by their constituent documents and law. Namely, to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical culture and sports, satisfy the spiritual and other non-material needs of citizens, protect the rights, legitimate interests of citizens and organizations, resolve disputes and conflicts , providing legal assistance, as well as for other purposes aimed at achieving public benefits.

An exception is a consumer cooperative: it is created to carry out trading, procurement, production and other activities in order to satisfy the material and other needs of the members of the cooperative. Selected species Activities can be carried out by non-profit organizations only on the basis of special permits (licenses).

— Taxation system

Preferential taxation

1. Value added tax benefits can be used by:

— public organizations of disabled people (at least 80% of whose members are disabled people and their legal representatives),

- institutions whose sole owner of property is a public organization commercial organization disabled people,

— religious non-profit organizations (when selling items religious purposes and religious literature).

2. The following are not subject to income tax:

- entrance fees, membership fees and targeted contributions in non-profit partnerships, public non-profit organizations, associations,

— share deposits in consumer cooperatives,

- donations made to non-profit organizations,

- property inherited to non-profit organizations by will,

- amounts from state budget allocated for charitable activities,

- funds and other property received by non-profit organizations to carry out charitable activities.

3. The following are exempt from paying property tax:

- religious non-profit organizations (in relation to the property used by them to carry out religious activities),

- all-Russian public organizations of disabled people (at least 80% of whose members are disabled people and their legal representatives - in relation to the property used by them to carry out their statutory activities),

— institutions whose sole owners of property are all-Russian public organizations of disabled people (at least 80% of whose members are disabled people and their legal representatives).

The simplified taxation system, according to the Law, on the one hand, can be applied to non-profit organizations in which the share of participation of other organizations is less than 25%. On the other hand, the Constitutional Court of the Russian Federation and the Presidium of the Supreme Arbitration Court The Russian Federation has established that the concept of “direct participation share” cannot be applied to non-profit organizations.

The following two criteria may cause some difficulties in understanding:

Organizations in which the share of direct participation of other organizations is more than 25 percent cannot apply the simplified tax system. In the context of Chapter 26.2 of the Tax Code of the Russian Federation, the words “participation share” should be understood as participation in the authorized capital. Since an NPO does not have an authorized capital, there cannot be a share of participation in the NPO of other organizations, even if the founder (one of the founders) of the NPO is a legal entity. With regard to commercial organizations, this restriction does not apply to organizations whose authorized capital consists entirely of contributions from public organizations of disabled people, if the average number of disabled people among their employees is at least 50 percent, and their share in the wage fund is at least 25 percent.

Among the organizations that do not have the right to apply the simplified tax system are investment funds. Can this criterion be applied to non-profit foundations that carry out so-called social investments, for example to a local community foundation? No, it is not possible, because according to Art. 2 of the Federal Law of November 29, 2001 No. 156-FZ “On Investment Funds” the words “investment fund” are part of the corporate name of the joint-stock investment fund - open joint stock company, whose exclusive activity is the investment of property in securities and other objects provided for by this Federal Law. Other legal entities do not have the right to use the words “investment fund” in their names in any combination, except for the cases provided for by the specified Federal Law. These exceptions do not include non-profit foundations.

Stage 2. Preparation of a package of documents

In accordance with the approved requirements, it is necessary to prepare the following package of documents:

— Statement on state registration(Form RN 0001). The applicant must have this form certified by a notary. The applicant can be any of the founders (if there are several of them). An application must be prepared in 2 copies: the first must be notarized, the second (copy) must be signed by the applicant;

— Application for transition to a simplified taxation system (if necessary);

— Charter (bound original, each page except the title page is signed by the applicant) in 3 copies;

— Decision (in 2 copies) or Protocol general meeting founders (2 copies);

— Document confirming payment of state duty — 4,000 rubles for state registration (original and copy);

— Documents to the address (Letter of guarantee from the owner and a copy of the certificate of ownership);

— Power of attorney to submit and receive documents (not required if the applicant submits it directly in person);

— Receipt for receipt of documents by the Ministry of Justice.

Stage 3. Submission of documents to the Ministry of Justice

By power of attorney from the Applicant, the prepared package of documents is submitted to the Ministry of Justice (Main Directorate of the Ministry of Justice of the Russian Federation for Novosibirsk region, Novosibirsk, st. Chelyuskintsev, 50, 1st floor, office. 105)

In return, we receive a receipt indicating: the applicant’s full name, the number of documents received, and contact information.

Based on the power of attorney receipt, we receive documents - see Step 4.

Stage 4. Receiving documents from the Ministry of Justice

In 30 calendar days, based on the receipt issued when submitting documents to the Ministry of Justice, by power of attorney we receive:

— Certificate of establishment of the Organization (issued by the Ministry of Justice);

— Certificate of making an entry in the Unified State Register of Legal Entities on the creation of an organization (OGRN Certificate);

— Certificate of tax registration (TIN Certificate, issued by the Federal Tax Service at the place of registration);

— Extract from the Unified State Register of Legal Entities.

Stage 5. Receiving an information letter from Rosstat

Registration with the State Statistics Committee is a form of statistical accounting of enterprises.

Based on the results of entering information for accounting purposes, Goskomstat issues a notification about the assignment of OKVED.

This document is required to open a bank account, as well as when carrying out foreign economic activity.

We receive an information letter from the State Statistics Committee (statistics). To receive the letter, you must have with you - TIN and OGRN certificates, an extract from the Unified State Register of Legal Entities, and the Charter.

Stage 6. Opening a current account

The requirements for documents required to open a current account vary depending on the bank. An approximate list of documents is as follows:

— OGRN certificate;

— TIN certificate;

— Extract from the Unified State Register of Legal Entities;

— Original notification from Goskomstat (statistics codes);

— The decision to create an organization, certified by the governing body;

— Order on the appointment of a manager and chief accountant, certified by the manager;

— Documents for the legal address confirming ownership and the legality of your registration at this address;

After opening a current account, you must notify the territorial tax office and funds within 7 calendar days: the Pension Fund of Russia (PFR) and the Social Insurance Fund (FSS).

Stage 7. Registration with funds

At the time of registration, the organization is automatically registered with the following funds: the Pension Fund of Russia (PFR) and the Social Insurance Fund (FSS).

These notices are necessary for reporting, because funds assign each organization its own number, which is entered into the accounting program or written down in the report.

Difficulties associated with registering a non-profit organization

1. Incorrectly prepared documents (incorrectly filled in data, incorrect data, incorrectly executed documents)

Result in refusal of registration. In addition to the time spent, you lose money for the state fee (4000 for registration) and notary expenses.

2. Problems with legal address

• Refusal to register with the tax authority.

Having received documents for registration of a legal entity, the registration authority checks information about your legal address. If the owner has not confirmed the existence of a contractual relationship between you, a decision is made to refuse registration.

When contact with the owner could not be established for some reason, the Ministry of Justice and the Federal Tax Service also refuse registration, and the possibility of resolving the issue in favor of the registrar is excluded.

• Refusal to open an account.

Problems when opening a current account for a legal entity may arise if the legal entity is not located at the address declared as its actual location, or if the address is a mass one to which it is registered a large number of legal entities. In this case, the bank has the right to require documentary confirmation of the location of the legal entity (premises lease agreement, certificate of ownership of the premises), or may carry out an on-site inspection at the location address.

3. Charter. The goals and subject of the organization’s activities, the structure of management bodies and its functions, and the procedure for the formation and submission of annual reports must be clearly defined.

A charter that does not comply with the requirements of the law may be sent for revision, or a decision may be made to refuse registration.

4. In the event that an application to switch to the simplified tax system (STS) is not submitted on time, the transition to the simplified tax system (STS) will be refused.

5. The organization is obliged to pay a fine in case of late submission of notifications about opening an account to the territorial tax and funds.

6. Failure/Late submission financial statements, threatens to pay penalties, as well as blocking the organization's current account.

The algorithm was prepared by lawyer Anna Butrina

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When creating any organization, an obligatory step is its registration. This is the main way to protect the interests of an enterprise at the state level. Registration of organizations classified as non-profit is longer and more labor-intensive than or, and takes from one to several months.

What organization is a non-profit and why is registration necessary?

Non-profit organizations are organizations that work not to make a profit, but to achieve a common goal. Often, NPOs are created to achieve the following goals:

• Renderings charitable assistance.
• Support for socially vulnerable segments of the population.
• Spread of religion.
• Formation of cultural and educational values.
• To support and develop science and sports.
• Implementation political activity.
• To protect the rights and interests of both individuals and various organizations.
• Organization management.

All profits received during the work of the NPO are not divided among its members, but are used to implement the tasks reflected in the charter.

Regardless of the type of activity, an NPO has the right to open an account in both a Russian and foreign bank to carry out activities - receive money and use it further to implement tasks.

Registration of an organization guarantees the protection of the rights of the organization - its symbols, reputation, authorship, ideas. For example, if you create your own party, then after registration you can be sure that no one has the right to use your name, slogan, or program prepared by you.

Types of non-profit organization

Before compiling and starting the registration process, you must select the type of non-profit organization:

1. Institutions . This type of NPO includes organizations whose main purpose is to manage other organizations or perform tasks and functions in social sphere or the sphere of culture, science. Any institution is fully financed by its owner. In some cases, owner financing is partial, and part of the proceeds comes from contributions.
2. Autonomous NPO . Funds to achieve objectives are generated on the basis of contributions. The main goal of the ANO is the implementation of cultural, educational and scientific goals, and the protection of human rights. One of distinctive features– lack of membership.
3. Association or union . Often this is an association of several organizations providing services in the same field of activity. The main goal is to coordinate actions, protect common interests, and resolve controversial issues.
4. Fund – an organization to which the concept of “membership” is not applicable. It operates through contributions from people who care about the problem raised. It is created for various purposes - social, cultural and educational. Often, funds are allocated that raise money for the treatment of diseases, to provide scholarships and grants to the most gifted students and scientists, athletes, and writers.
5. Non-commercial partnership – an organization based on membership. The main goal of the creation is to help improve the lives of socially vulnerable segments of the population, provide charitable assistance, make changes in the educational and cultural process, protect the health and rights of citizens participating in the organization. The organization operates through contributions from its members, all received from commercial activities funds are subsequently allocated for the purposes provided for by the organization’s charter.
6. Public associations – NPOs that have own apparatus self-government. Often, the initiators of the creation of these organizations are individuals. This includes political parties and various types of foundations.
7. Religious associations . NGOs created on a voluntary basis, the main goal of which is to spread religion and a certain faith, and conduct religious rituals.
8. Housing associations – associations of homeowners in apartment building. They are created for the purpose of joint management of the housing complex, disposing of it in accordance with the laws of the Russian Federation. For example, organizations repair work in the house, connections utilities and further quality control of their provision.

In general, any organization can be formed either by a legal entity, for example, autonomous NPOs, associations, foundations, or by individuals, for example, religious associations or housing associations.

Where to register?

Registration of all organizations with non-profit status takes place at the Registration Service, which is located under the Ministry of Justice. Documents must be submitted in person or by mail within 3 months after the decision to create an NPO is made.

Founding papers

Registration of an NPO should begin with the preparation of constituent documentation. It should contain the following information:

1. The name of the organization, and its legal form must be indicated.
2. The address of the NPO office, that is, the address of the legal entity.
3. Subject of activity.
4. Goals and objectives set by the organization.
5. The procedure for managing the company.
6. Rights and obligations of NPO participants.
7. If there are branches or representative offices in other regions, information about their location is indicated.
8. The procedure for accepting and expelling participants from NPOs.
9. Features of making changes to the company’s documentation and other constituent documents.
10. Sources of funds and the procedure for their use.

Constituent documents are drawn up according to the following model:

Application for registration of an NPO

The application for registration is written according to form P11001. Signed by the manager, and the signature is notarized.

The application itself consists of two cover pages, as well as 13 sheets, some of which are optional:

• Title pages 1 and 2 . Information about the organization is indicated - name (full, abbreviated), full address, authorized capital code, etc.:

• Sheet A – to be filled in if the NPO is created by a legal entity:

• Sheet B – to be filled in if the NPO is created by a foreign legal entity or persons:

• Sheet B (2 pages) – to be filled in if the founder of the NPO is any individual:

• Sheet G (3 pages) – filled in when one of the founders is the Russian Federation, its subject or municipality:

• – to be filled in if the mutual investment fund has a share in the NPO being created:

• Sheet E (2 pages) – filled out in the name of the person who will act on behalf of the NPO, for example, the director:

• Sheet J (3 pages) – if the organization does not have a director, and management will be taken over by the management company:

• Sheet Z (in 2 pages) – filled in when the NPO will be managed by a person with whom a civil law contract is concluded, and not an employment contract. As a rule, this is an entrepreneur:

• – filled out in any case, and includes the organization’s activity codes:

• information about the registrar is indicated:

• Sheet L – when applying for the creation of NPOs, they are skipped;
• – to be filled out if the organization will be located on the territory of a closed administrative entity:

• Sheet N (2 pages) – required page to be completed individual who submits the application:

If an NPO is created by several persons, then each person must fill out a separate sheet.

Package of papers for registration

The main list of papers required for registration of an NPO consists of:

1. The registration application, written in form P11001, is submitted in 2 copies.
2. Charter of the organization in 3 copies.
3. Minutes of the general meeting of founders, at which the issue of forming the organization and appointing its leaders was considered. Example of a protocol on the creation of an autonomous non-profit organization:

1. Receipt confirming payment of the state duty - original and copy.
2. Documents confirming the location of the organization at the address specified during registration. This may be a lease agreement or a document confirming ownership.

The body receiving the documents does not have the right to require additional papers from you to register an NPO.

Registration procedure

Registration of an NPO, regardless of its type and goals of activity, consists of several stages. This includes:

1. Preparation of basic papers confirming the creation of an NPO - charter, minutes of the meeting.
2. Submitting a package of documents to the registration service under the Ministry of Justice. The applicant is directly the founder or head of the legal entity that was the founder of the NPO.
3. Obtaining a certificate of entry into the Unified State Register of Legal Entities.

1. Submission of documents to the inspection of the Ministry of Taxes and Duties.
2. Obtaining a certificate of registration.
3. Opening a bank account.
4. Obtaining Goskomstat codes.
5. Registration with the Pension Fund, Social Insurance Fund, and Compulsory Medical Insurance Fund of the Russian Federation.
6. Making a seal.
7. Payment of official fees and duties.

Registration deadlines

The period for registering a company depends on its type and type. The law establishes the following time limits:

1. Applications from public organizations are reviewed within 33 days.
2. A political party has 30 days.
3. For religious associations, the period is no more than 33 days. If an examination is carried out, it is automatically extended to six months.
4. For other organizations, the review period is no more than 17 working days.

Cost of the procedure

The size of the state duty also depends on the type of NPO and is fixed in Article 333.33 of the Tax Code of the Russian Federation, regulated by the amendments made to it by Law No. 374-FZ, Article 2, paragraph 11. The cost will be:

1. Initial registration – 4,000 rubles.
2. Legal registration of the party – 3,500 rubles.
3. Entry into the register of a branch of a political party – 3,500 rubles.
4. Entry into the register of all-Russian NGOs that protect the rights of people with disabilities and their branches - 1,400 rubles.

Making changes to the documentation of an NPO or its liquidation will cost an amount that will be 20% of the state duty for registering this type of NPO.

Refusal of registration

Refusal to register an NPO is possible for several reasons:

• An incomplete package of documents was provided.
• The person indicated as the founder does not have the right to engage in this activity according to the laws of the Russian Federation.
• Incomplete or unreliable information was provided.
• An organization with the same name was previously registered.
• The name offends the moral, religious or national feelings of citizens.

In case of refusal, you can either eliminate the shortcomings that caused the refusal, or file a lawsuit and challenge the decision.

Video: How to open your own NPO?

In the following video you can watch a webinar on how to open your own non-profit organization:

The registration of NPOs is carried out by the Ministry of Justice of the Russian Federation. To be included in the register, you must submit a package of documents and wait for the commission’s decision. On average, the process takes from several weeks to a couple of months.

Associations of citizens in our country are called organizations. They can be created by different citizens to achieve different goals. The main thing is not to go beyond the Law.

IN to a greater extent We are always talking about creating a business, that is, an activity that is focused on performing certain work to achieve economic results that bring benefits. Such organizations are very popular because for many citizens they are the main way to earn money. There are many forms of conducting such activities, including organizations with limited liability and joint stock companies.

But, in addition to commercial organizations that are profit-oriented, there is another form of conducting activities, which is called non-profit, or public. Unlike the first option, such organizations are created for completely opposite purposes. That is, commercial companies does not in any way pursue the goal of earning money to distribute it among the founders. They exist to achieve social goals.

It is about public organizations, namely the process of legal consolidation of their activities, that will be discussed in this article.

Regardless of whether the company's activities are profit-oriented or not, the registration process is mandatory. The difference lies directly in the actions themselves necessary to formalize this type of association.

Registration of a public organization is a fairly simple process if you know the procedure for its implementation and the documents that are necessary to provide to government agencies. But, first of all, the very legal consolidation of the activity, which has a non-commercial purpose, is followed by the decision of the founders to create the appropriate organization. The main points that must be resolved at this stage are issues related to the name of the organization and its form.

Today, the legislation provides for a fairly wide range of legal forms public icing. The most popular of them:

• fund;
• religious organization;
• public association;
• non-commercial partnership;
• private institution;
• association (or union).

Such decisions are made directly by the meeting of founders. In addition, the constituent documents must necessarily indicate whether such an organization operates in the interests of a certain group of people, or whether the circle of subjects has no boundaries. In addition, another important point will define an organization as a form of activity with or without membership. In this case, it must be taken into account that the presence of additional members of the organization has two consequences:

• It is possible to attract additional funds as membership fees, which simplifies activities in many aspects.
• Managing an organization will become more complex as decisions important questions necessary with the participation of all members. In organizations where there are no such persons, regulation occurs solely at the will of the founders, which makes such processes simpler and faster.

At the same time, it is necessary to take into account that certain forms of public activity have features in terms of the number of founders. Thus, as a general rule, a commercial organization is created by three persons. But, for some forms there are exceptions. For example, to form a partnership, you must have two founders; for an association, the threshold of participants is five people.

That is, preparatory stage Before registering an organization, it must include the following points:

1. The founders are required to decide on the creation of a public organization and approve its name;
2. It is necessary to create constituent documents describing the company’s goals, types of activities and other points mentioned above;
3. Determine the composition of the management of a non-profit organization.

Procedure for registering a public organization

According to current legislation, all organizations that are non-profit in nature are subject to state registration. Unlike legal entities that are focused on making a profit and consolidate their activities with the tax authorities, public companies undergo a registration process with the Ministry of Justice of the Russian Federation and its territorial divisions.

In addition, to simplify the registration process, a special program was created that regulates the preparatory stage of the collection of documents. You can read and download it on the electronic resource of the tax service.

The registration process itself includes three stages:

1. Preparation of the necessary documentation.
2. Visiting a government agency and submitting documents.
3. Obtaining documents confirming registration.

Documents for registration of a public organization

In order to formalize the activities of a non-profit entity at the state level, it is necessary to prepare a certain package of documents required by law.

Today, to carry out such actions you will need:

• registration statement;
• articles of association;
• minutes of the founders' meeting;
• a document confirming the right to use the premises specified in the application as the location of the organization;
• copies of documents confirming the identity of the founders;
• a document confirming payment of taxes for registration actions.

You must have two copies of each of the above documents.

Statement. First of all, it is worth noting that the application for registration does not have a satisfied version, but a filling template assigned by the state. Only this option is accepted by the registration authorities. The easiest way to find this special form to fill out is on the official websites of government agencies, or download it:

The most common mistakes: when filling out by hand, the information is entered in non-printed font and in small letters; leaving the fields; use of different colored inks. Avoid such mistakes and government worker will have no grounds for refusing to accept registration documents.

Articles of association. The law provides for information that the charter of a non-profit organization must contain. This includes, first of all, the form and name of the company, the purposes for which such a legal entity was created. In addition, it is necessary to identify the entire governing structure and other bodies, indicating their rights and responsibilities; the rights of members of the organization, the procedure for leaving it; property that belongs to the organization and the method of its formation. Also, among other things, cases are prescribed in which it is possible to change the Charter and the reasons for the liquidation of the organization. To all this, you can add other information at the discretion of the founders, but the most important thing is that the Charter contains all the required data.

Minutes of the founders' meeting. This document is intended to confirm the decision of the founders to create an organization of a public nature. It indicates all the founders who voted for such a decision, their signatures, and the date.

A document confirming the right to use the premises specified in the application as the location of the organization. In order for the registration process to be successful, you will be required to have premises for conducting activities and documents confirming this fact. They can be either a certificate of ownership of the property or a lease agreement. At the same time, it is still necessary to attach a recommendation sheet from the property owner to the second one.

Copies of documents confirming the identity of the founders. The general package of documents must contain copies of the passport of each of the founders. You must copy the first page and the one where the place of residence of the individual is indicated.

A document confirming payment of taxes for registration actions. Registration of a public non-profit organization is carried out for a certain fee - a tax. Today, the procedure for securing the legal status of a company will cost 4,000 rubles. You can pay it at any bank branch, and attach the received receipt to your application. Without paying such a tax, registration is impossible.

Submission of registration package of documents

State registration of public organizations is carried out exclusively by the Ministry of Justice of the Russian Federation and its local structural divisions.

You can provide documents in three ways:

• on one's own;
• send by mail;
• through a trusted person.

The first method is the simplest. The face alone brings everything Required documents to the justice authority, signs the application (there is no need to do this before) and gives all the documents to the employee.

The second option involves the use of postal services. But, there is one nuance here, which is that before sending documents by mail, each of them must be notarized. Such measures are taken in order to confirm the will of the founders of the organization, and not other persons who decided to register the organization without their knowledge.

The third option is that the documentation package is sent to government agencies through a third party. To do this, in addition to notarization of all documents, it is also necessary to issue a special document that will confirm the person’s right to represent the organization in government agencies- power of attorney. This option is quite popular today, since many organizations prefer the services of companies that deal with registration processes through a representative office.

Refusal to register a non-profit organization

There are situations when organizations are denied the registration process. The main reason is an incomplete list of required documents, an incorrectly completed application, or unpaid tax for registering an organization.

It is very important that the receipt for payment of the registration tax is in the name of the person who directly submits the documents. At the same time, a refusal to register cannot be caused by the absence of a receipt when making a payment. Thus, some individuals prefer to carry out taxation electronically. In this case, it is simply necessary to warn the state registrar that the payment was made in this particular way. He, in turn, will check this fact through communication channels.

The reason for refusal may be incorrect drafting of the organization's Charter. In order to avoid such a situation, it is necessary to indicate all mandatory items, which were mentioned above. In addition, if during registration it is noticed that the activities of the organization, provided for in the constituent documents, contradict the Law or do not comply with the principles of operation of non-profit entities, a refusal to secure legal status will follow.

If the registrar notices incorrect certification of documents, he has the right to suspend the registration process until the organization eliminates such issues. But, it is worth considering that such a period cannot be more than three months.

Obtaining registration documents

After all the necessary documents are provided to the authorities of the Ministry of Justice, state registration of the non-profit organization is carried out. It involves entering statements about the newly created company into the register of registered non-profit organizations.

After this, the person who submitted the registration package is sent to the appropriate authority to receive a Certificate of Registration. It is important that only the department that accepted the documents issues the Certificate.

Registration of a public organization in Russia is carried out in accordance with established rules Federal Law of the Russian Federation dated May 19, 1995 No. 82-FZ “On Public Associations” and Federal Law of the Russian Federation dated 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 branch, expressions of will of at least three individual founders and relevant documents are required. In this case, the registration of such a company is carried out after the founders have decided to create a legal entity in a general vote, approved the charter and formed the management. We will look at the procedure for registering a public organization in more detail in the article.

Where to go to register a public organization

On this 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 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

1. The procedure for registering a non-profit public organization (NPO) in Russia includes a number of steps:
2. It is necessary to select the founders/founder of the NPO. Participants in a non-profit organization can be both citizens of the Russian Federation and legal entities, as well as foreigners.
3. You need to decide on the type of activity. It must comply with the objectives of creating an NPO as set out in the Charter. It must indicate all types of planned activities. Data on the type of activity of each type of NPO should be provided to the Unified State Register of Legal Entities.

Decide on the name of the association. The name must be in Russian and contain an indication of the type and nature of the NPO’s activities. When you register a company name, you have the exclusive right to use it. You need to be careful when using names Russian Federation



4. and Russia. In this case, there are several features, which can be found in the Federal Law “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ.
5. Indicate your current legal address. If the premises are rented, a lease agreement must be submitted to the Ministry of Justice of the Russian Federation. If the office is owned by the founders, then it must be confirmed with a corresponding extract from the Unified State Register.
6. Pay the state fee for registering an NPO in accordance with Art. 333.33 Tax Code of the Russian Federation.
7. Provide 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 all the necessary forms are available.
8. Obtain a certificate of registration of the association. If the decision is positive, the Ministry of Justice issues a document that guarantees that the NPO has completed registration successfully. 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 peculiarities both in terms of timing and successful completion of documentation, so it is recommended to first consult with an experienced lawyer.

Registration period for a public organization

The time frame for registering this company with the Ministry of Justice is no more than 30 working days. If all the documentation is in order and there are no reasons for refusing registration, 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) to enter information into the Unified State Register of Legal Entities. Based on the information received, within five working days, data on the new formation is entered into the register, and no later than the next working day, the Federal Tax Service notifies the Ministry of Justice about this. He, in turn, issues the applicant a state registration certificate no later than 3 working days.

Documents for registration of a public organization

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

The constituent documentation must contain the following information:

• name of the institution indicating the type of employment;
• purpose of discovery and subsequent activities;
• legal address;
• management procedure;
• information about representative offices and branches of the association;
• duties and rights of founders;
• information about the conditions of admission and withdrawal from the union;
• property sources and usage information;
• data on changes in the memorandum of association and charter;
• additional legal provisions.

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

• application for registration of a public organization (form No. RN0001);
• articles of association (if any, constituent agreement);
• protocol on the establishment of the company;
• receipt of payment of state duty;
• confirmation of legal address;
• a document that certifies its legal status (in the case of a foreign founder);
• if intellectual property is used in the name or symbols of the association - confirmation of the right to use it.

Exact information about the required documentation should be clarified with the Authorized Body.

Thus, all the difficulties during registration lie in preparing a complete package of documentation. The best way out of the situation would be to get necessary list papers directly with the registration authorities, and compliance this list guarantees the successful completion of the procedure.

Our experts from the web resource Pravoved.RU will be able to advise you on questions about the features legal status data of organizations and registration procedure. To do this, just call the numbers provided or fill out the feedback form.

How to register a non-profit organization with the Ministry of Justice

Registration of a non-profit organization (NPO) has some peculiarities, since it is carried out simultaneously by both the Ministry of Justice of the Russian Federation and the Federal Tax Service of the Russian Federation. We recommend that you learn about the registration of legal entities in general from the articles in the “Registration of Legal Entities” section on our website.

Our step-by-step instructions for registering a non-profit organization in 2018 - 2019 include a description of the following steps:

1. Establishment of an NPO (determination of the composition of founders, preparation of constituent documents and a decision or protocol on establishment).
2. Preparation of documents for registration of NPOs by the Ministry of Justice of the Russian Federation or its territorial body, payment of state fees.
3. Submission of documents of a non-profit organization for registration with the Ministry of Justice of the Russian Federation.
4. Obtaining a certificate of registration of an NPO and an extract from the Unified State Register of Legal Entities.

The following will help you navigate how to register an NPO:

• Law “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ (hereinafter referred to as Law No. 7-FZ);
• Law “On State Registration...” dated 08.08.2001 No. 129-FZ;
• Adm. regulations for the provision by the Ministry of Justice of the Russian Federation of state services for making decisions on state registration..., approved. by order of the Ministry of Justice of the Russian Federation dated December 30, 2011 No. 455017 (hereinafter referred to as the Regulations).

Establishment and documents for state registration of NPOs

The procedure for establishing and the list of documents for registering an NPO are determined in accordance with the type and chosen organizational and legal form. You can read more about them in the article “Types and forms of non-profit organizations”. The form of the NPO must correspond to one of those listed in paragraphs 6, 7 of Chapter. 4 of the Civil Code and ch. II (Article 6-11) of Law No. 7-FZ:

• autonomous non-profit organization (ANO);
• state corporation;
• non-profit partnership, etc.

The main features of an NPO are the absence of profit-making as the main purpose of the activity and the payment of income from the activity to participants. The purposes of registration of NPOs are socially useful from those listed in paragraph 2 of Art. 2 of Law No. 7-FZ.

Composition of documentation submitted for registration

In accordance with Art. 13.1 of Law No. 7-FZ for state registration of non-profit organizations are submitted:

• statement according to f. Р11001 (Р12001 - in case of reorganization) indicating information about the founders, OKVED codes, address, director (see more details in the article “Application for registration of a legal entity”);
• constituent documents (charter, constituent agreement);
• decision to create;
• a document confirming payment of the state duty;
• documents on the consent of the copyright holder to use the name of a citizen, symbols protected by the legislation of the Russian Federation, the full name of another legal entity as part of its own name;
• copies of constituent documents, an extract from the register or other document confirming the status of the founder - a foreign person.

Decision to establish an NPO

The decision to establish can be expressed in different forms:

• Minutes of the meeting of founders, if there are several founders. This is typical for corporate NPOs ( consumer cooperatives, public organizations, etc., clause 3 of Art. 123.1 of the Civil Code of the Russian Federation). In this way, unitary NPOs (foundations, religious organizations, etc.) can also be created.
• Sole decision of the founder (for example, a foundation).
• Regulatory act (see as an example the law of November 23, 2007 No. 270-FZ on the creation of the Rostec state corporation).

IN this document the main decisions taken during the establishment are given: on the creation of an NPO, approval of the charter, formation of management bodies (for example, a manager must be appointed in the institution, clause 4 of Article 123.21 of the Civil Code of the Russian Federation), etc. It is signed by the sole founder or the chairman and secretary constituent assembly. In the latter case, the minutes reflect their election (1 item on the agenda).

Constituent documents of the NPO

It is allowed to replace the charter with a provision for a state-owned institution, the presence of a constituent agreement for non-profit partnerships and autonomous non-profit organizations (ANO).

The main provisions of the charter of an NPO, as well as a sample of such a document, are given in the article “Charter of a non-profit organization - sample 2018 - 2019”. In this case, the clauses of the charter must comply with clause 3 of Art. 14 of Law No. 7-FZ and contain:

• name indicating the nature of the activity and legal form (OPF);
• location;
• the subject and goals of the activity (see the article “Features of the legal capacity of non-profit organizations”);
• management procedure (structure, powers of bodies);
• conditions of membership;
• sources of property formation, etc. (property relations in non-profit organizations are disclosed in detail in the articles “Authorized capital and property of a non-profit organization” and “Membership fees to a non-profit organization”).

In addition, must be taken into account Additional requirements Law No. 7-FZ and the Civil Code of the Russian Federation. So, in accordance with paragraph 2 of Art. 123.9 of the Civil Code of the Russian Federation, the charter of an association (union) must contain information about the property rights and obligations of its members.

The constituent agreement defines the obligations of the founders in terms of actions to create an NPO and the formation of its property, etc. The Ministry of Justice of the Russian Federation conducts a legal examination of the submitted constituent documents for compliance with the legislation of the Russian Federation.

Requirements for the name of an NPO

An indication of the OPF of an NPO is necessary if it does not have varieties (types), these include:

• non-commercial partnership;

If OPF can exist in different types, you must indicate the specific type of organization. This requirement is contained in paragraph 1 of Art. 54 Civil Code of the Russian Federation. So, in accordance with paragraph 2 of Art. 123.16-2 of the Civil Code of the Russian Federation, legal education can be created in the form of a bar association, a law office or a legal consultation. Accordingly, the name of the type of OPF is indicated in the constituent documents.

In accordance with Art. 4 of Law No. 7-FZ, the name of the NPO must also indicate the nature of its activities. By character is meant the general designation of its subject. For example, sports organizations indicate the name of the relevant sport.

According to para. 1 tbsp. 28 of the Law “On Public Associations” dated May 19, 1995 No. 82-FZ (hereinafter referred to as Law No. 82-FZ), the name of a public association must contain an indication of the territorial scope of its activities (usually in the form of adjectives: “All-Russian ...”, “ Samara regional..." or "Vladimir regional...", "Ulyanovsk city...", etc.).

The “arbitrary” part of the name is the actual name of the NPO, which is formulated at the discretion of the founders according to general rules for legal entities with the restrictions established by paragraph 1 of Art. 54 Civil Code of the Russian Federation.

List of NPO founders

The founders of the NPO must be indicated in application P11001 ( sheets A-D). Fully capable citizens and legal entities can act in this capacity (Clause 1, Article 15 of Law No. 7-FZ).

Law No. 7-FZ establishes restrictions on the ability to establish an NC. Thus, the following cannot be founders:

• foreign citizens in respect of whom a decision has been made that it is undesirable to stay in the Russian Federation;
• persons included in the lists in accordance with the Law “On Countering Legalization...” dated 08/07/2001 No. 115-FZ, etc. (Article 15 of Law No. 7-FZ).

The minimum number of founders is determined by the rules on NPOs of the corresponding OPF or type. Thus, the number of founders of a public organization must be at least 3 (Article 123.5 of the Civil Code of the Russian Federation), an association (union) - at least 2 (Article 123.9 of the Civil Code of the Russian Federation), the institution is created solely by its owner (Article 123.21 of the Civil Code of the Russian Federation), the number of founders The fund is not regulated either by the Civil Code of the Russian Federation or by Law No. 7-FZ.

Local territorial divisions of the Ministry of Justice of the Russian Federation often offer to submit a list of founders to separate sheet indicating passport data (for individuals) or registration information (for legal entities).

Features of the status and registration of an autonomous non-profit organization (ANO)

When preparing for registration of an independent non-profit organization, the following features must be taken into account:

1. There are no restrictions on the number of founders either in Law No. 7-FZ or in the Civil Code of the Russian Federation. Accordingly, the minimum is 1 founder (clause 1 of Article 123.24 of the Civil Code of the Russian Federation). Information about it is entered into the Unified State Register of Legal Entities. If the founder is the only one, he decides to establish an autonomous non-profit organization; if there is a larger number, a meeting is held and its minutes are prepared.
2. This OPF is unitary and does not provide for membership, however, the founders retain their status throughout the existence of the ANO and manage it (clause 1 of Article 123.25 of the Civil Code of the Russian Federation). The composition of the founders can be changed at any stage of the existence of an autonomous non-profit organization (clauses 1, 6, article 123.24 of the Civil Code of the Russian Federation).
3. The founding document of the ANO is the charter. It should list the name of the autonomous non-profit organization, areas of work, the order of formation and competence of the bodies, etc. (clause 2 of article 123.24 of the Civil Code of the Russian Federation).
4. The highest governing body of the ANO is the meeting of founders. The formation of a sole executive body is mandatory. In addition, a collegial executive body may be formed (Article 123.25 of the Civil Code of the Russian Federation).

Other nuances about this OPF can be found in the article “Autonomous non-profit organization - features”. Registration of an autonomous non-profit organization is carried out by the Ministry of Justice within no more than 17 working days (clause 22 of the Regulations).

Features of the status and registration of a public non-profit organization

The creation and activities of a public organization are regulated by laws No. 7-FZ and 82-FZ. Features of this OPF:

1. The minimum number of founders is 3 (Article 123.5 of the Civil Code of the Russian Federation).
2. A public organization is a corporate OPF, in contrast to ANO and religious organization with similar names. It maintains lists of members (participants), each of whom has rights and obligations, both provided for by law (Article 123.6 of the Civil Code of the Russian Federation) and enshrined in the charter.
3. The highest body of the corporation is the meeting of participants (Article 65.3 of the Civil Code of the Russian Federation). In addition, a sole executive body must be formed (Article 8 of Law No. 82-FZ). It is also possible to create a collegial executive body.

When registering a public organization, the period for registration by the Ministry of Justice (excluding the time of registration in the Unified State Register of Legal Entities) is no more than 33 days (clause 22 of the Regulations).

Actions of the territorial body of the Ministry of Justice of the Russian Federation on the application

The general period for registering an NPO is longer due to the fact that the decision on registration is made by the Ministry of Justice of the Russian Federation or its territorial body after conducting a legal examination of the submitted documents. The movement of documents according to the Regulations is as follows.

So, for state registration of an NPO, it is necessary to submit an application and documents (founding documents, decision on creation, etc.) to the territorial body of the Ministry of Justice of the Russian Federation. After the legal examination, a decision is made on registration and the documents are transferred to the Federal Tax Service of the Russian Federation for entering information into the Unified State Register of Legal Entities. After the documents are returned to the Ministry of Justice of the Russian Federation and departmental registration, the documents are issued to the applicant.