Procedure and deadlines for registering a public organization. Procedure and deadlines for registering a public organization Public associations must be registered by a government agency

Local executive authorities keep records of public associations created and operating on their territory.
To register a public association, an application signed by authorized representatives of the founders indicating their place of residence is submitted within one month from the date of its establishment. The application is accompanied by the charter (regulations, other main document) and the minutes of the constituent meeting.
An application for registration of a public association is considered within two months from the date of its receipt.
Changes and additions to the charters (regulations, other basic documents) of public associations are subject to registration in the same manner and terms as the registration of public associations.
Bodies that register public associations maintain a register of these associations.
Public associations or their organizations (bodies) from the date of their registration are recognized in accordance with the law as legal entities.
Registration of a public association may be refused if the charter (regulations, other main document) of this public association contradicts the requirements of Articles 3 and 4 of this Law or if a public association with the same name was previously registered. In this case, applicants are informed about this in writing, indicating the reasons for the refusal.
A refusal to register a public association may be appealed to a court within three months.

Basic provisions on public organizations

Founders and charter public organization

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

Features of management in a public organization

Concept and basic provisions about public organization

Law No. 99-FZ dated 05.05.2014 introduces in § 6 “Non-profit corporate organizations"The Civil Code of the Russian Federation has 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 are recognized who have united in the manner prescribed by law on the basis of their common interests to satisfy spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law

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 unite into associations (unions) in the manner established by this Code.

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

Commentary on Article 123 4 of the Civil Code

The concept of a public organization previously given in the Law “On Public Associations” has not undergone significant changes.

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

voluntariness;

self-governance;

non-commercial nature;

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

created to implement the common goals of the participants, which are also statutory goals (in other words, it has a target orientation of activity).

Voluntariness means the opportunity for citizens, without any obstacles and without taking into account external reasons, without coercion, showing 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 associate” and “no one can be forced to join or remain in any association.”

Self-control means the autonomous, independent functioning of an 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 purpose of the activity of a public organization and that the profit received is not distributed among its participants. However, making a profit is in principle permissible. At the same time, entrepreneurial activity may be the main source of financing their activities, however, if the goal of such organizations is not to make a profit, then they will still be non-profit.

A prohibition on the distribution of profits essentially means a restriction of the power to dispose of this profit.

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

Another significant feature is that any organization is created to realize the common goals of uniting citizens.

The goals are fixed in the charter of the public association. Public 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.

Only individuals can now be founders of a public organization.

Founders and charter of a public organization

Law No. 99-FZ dated 05.05.2014 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 purposes 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, including on issues on which decisions are made 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 the distribution of property remaining 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 by 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 can be members of Russian trade unions. Foreign citizens and stateless persons living on the territory of the Russian Federation may be members of Russian trade unions, except for cases established by federal laws or international treaties of the Russian Federation.

All restrictions on the circle of persons who can be founders, previously established in the Law “On Public Associations,” are lifted.

The article establishes General requirements to the contents of the only constituent document of a public organization - the charter.

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

The name of a public organization must indicate 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 the activities of a legal entity.

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

Law No. 99-FZ dated 05.05.2014 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 exercises corporate rights provided for in paragraph 1 of Article 65 2 of this Code in the manner established by the organization’s charter. He also has the right, on an equal basis 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 responsibilities provided for participants of the corporation by paragraph 4 of Article 65 2 of this Code, also bears the obligation to pay membership and other property fees provided for by its charter.

A participant (member) of a public organization, at his own discretion, has the right to leave 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. The founders “automatically”, i.e. simultaneously from the moment of creation of the organization, they become their members (participants), acquiring the corresponding status.

The basic rights and obligations of participants in a public organization are specified in the article.

Management in a public organization

Law No. 99-FZ dated 05.05.2014 introduces an article on the regulation of management issues in public organizations:

Article 123 7. Features of management in a public organization

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

In a public organization, a sole executive body is formed (chairman, president, etc.) and permanent collegial bodies can be formed 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 terminated early in cases of gross violation by this body of its duties, a 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, state registration issues were handled by a separate service (the Federal Reserve System). But later it was abolished, and the fictions were transferred directly to the Ministry of Justice. As a result, certain changes occurred in the procedure:

• registration of organizations;
• correction of information previously specified in the constituent documents;
• reorganization;
• and finally liquidation.

Be that as it may, there is only one question of interest: how to open a non-profit organization? You will need to contact the Ministry of Justice directly. It is this department that is responsible for registering NPOs, both Russian and foreign, if the latter intend to start working in the country.

In each region there are territorial representative offices of the Ministry of Justice, which are in charge of the issues of opening certain organizations. Submission of the 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 an inventory.

At the same time, there are many specialized commercial organizations in the country that can completely take care of all the necessary troubles 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 a premises whose location will become the legal address;
• determine the direction of activity;
• record 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 the names of government agencies, both in 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 located within the territorial entity chosen for work.

There is a fairly wide range of activities. This circumstance allows persons establishing NPOs to choose the most suitable form.

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

Only after all the above preliminary procedures have been completed can you begin to collect the required documents.

NPO forms

Religious or public organizations. They are associations of citizens adhering to common views, worldview. Their task is to satisfy non-material needs.

Charitable foundation. This type organization differs from the above in that membership in it is not carried out. It is established on the initiative of both commercial structures and individuals. Its activities are based on the collection of voluntary donations aimed at the following purposes:

• charitable;
• social;
• cultural;
• educational, etc.

Non-profit partnerships are also worth mentioning. This form of NPO is membership based. It can be established by both citizens and legal entities. The main task is to assist all members of the organization in achieving various goals that are significant to 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 has no 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. This is another form of civil organization that acts to provide:

• 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 individuals according to the following characteristics:

• related;
• territorial neighbor.

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.

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

Required documents

Submission of papers for registration must be made no later than 3 months after the constituent meeting. The legislation indicates that the following documents are required:

• application certified by a notary (form RN0001);
• memorandum of association or approved articles of association;
• resolution on creation (2 copies);
• a document confirming the transfer of state duty;
• certificate of location of the NPO.

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

The following are suitable documents containing information about the location of the NPO:

• certificate of title to real estate;
• lease agreement;
• letter of guarantee, etc.

Deadlines for review and submission of documents

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

• preparation of documents;
• transfer to the Ministry of Justice;
• registration of NPOs in the state register;
• registration with the tax office, the Pension Fund, and the employment service;
• obtaining permission to print and its production;
• acquiring the status of an NPO in the Federal Tax Service.

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

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

The fee is 4 thousand rubles. Payment can be made through any commercial or state bank by bank transfer. Find out the details local branch The Ministry of Justice is not difficult - just visit its official website.

What documents do government agencies issue?

After the issue is resolved positively, the Ministry of Justice forms a corresponding resolution, on the basis of which the tax service enters data about the new legal entity.

After this, the founders will only have to obtain a registration certificate. From that moment on, the organization is recognized as a legally created entity. Its founder receives a TIN from the Federal Tax Service. Then he will have to take back 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. Not only the founder himself, but also his representative can contact Rosstat. The latter must have a power of attorney executed by a notary.

Like any legal entity, NPOs, in turn, are required to register with certain extra-budgetary state funds. This is about:

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

NPOs are not required to open a bank account. But it is worth knowing that its absence in the future can significantly complicate work. The whole point is that mutual settlements between legal entities should be made exclusively in 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 socially useful work 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 NPO without unnecessary hassle.

Social relations of citizens are regulated by current legislation 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 navigate this plethora of legislation without a consultant. But you have already taken the first step - the desire to unite with others to make our lives a little better.

For state registration of public associations, the following documents are required:

• 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 and initiators of the creation of the NPO.
• 5. Regulations on branches (if any).

All specified 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.

Other non-profit organizations submit the following documents:

• 1. Charter of a non-profit organization.
• 2. Memorandum of association(If you want to).
• 3. Minutes of the general meeting of founders.
• 4. Application for registration.
• 5. Information about the founders and initiators of the creation of the NPO.
• 6. Receipt for payment of the registration fee.

All specified documents are submitted to the administration municipality, where the organization is registered.

But the registration procedure is not the main thing, because there are some points that you need to know from the very beginning.

According to the Civil Code of the Russian Federation, a commercial organization is considered to be an organization that has the goal of making a profit, is engaged in entrepreneurial activities and distributes the income received as a result of this activity among its participants (shareholders, shareholders, etc.). A public, or otherwise non-profit organization (NPO), is an organization created to achieve statutory goals (integration, rehabilitation, protection of rights, etc.), which does not have the goal of making a profit, but is engaged in entrepreneurial activities and uses the resulting income to achieve these very statutory goals. That is, the main purpose of an NPO’s activities cannot be to make a profit, and if as a result of entrepreneurial activity If the NPO has made a profit, it cannot be distributed among the founders and (or) members.

NPOs can be created to achieve various socially beneficial goals. It is not permitted to create organizations whose goals or actions are aimed at violently changing the foundations of the constitutional order and violating the integrity of the Russian Federation, undermining the security of the state, creating armed groups, inciting social, racial, national or religious hatred. The activities of NPOs can be carried out both in the interests of the whole society and any of its individual groups or categories.

Another very important point that distinguishes commercial organizations from non-profit - shareholders or shareholders are the owners of the property of JSC, LLC, etc. Members of a public organization are not the owners of its property and lose their ownership rights when it is transferred to a public organization, unless otherwise established by law or a lease, use agreement, etc.

Some forms of NPOs (all public associations) may be informal, i.e. Their activities are allowed without state registration, but at the same time the organization, without acquiring the status of a legal entity, cannot own separate property or on the basis of other real rights, bear rights and obligations, or act on its own behalf in court. Only having the status of a legal entity, an organization can, on its own behalf, acquire property and non-property rights, fulfill obligations (be a participant in civil circulation, conduct economic activity), to be a plaintiff and defendant in court. Legal entities are required to have an independent balance sheet, budget or estimate, and be registered with tax and other regulatory and accounting government bodies. They can also open and use a bank account.

An NPO can conduct business activities. This includes, in particular: purchase and sale of consumer goods, provision of services (including paid services, at cost or below cost), leasing of premises, storage Money on deposit accounts, acquisition and sale valuable papers, participation in business societies and partnerships.

The legislation does not clarify what “entrepreneurial activity consistent with the goals of the organization” means. Decision-making always remains with the head (governing body) of the organization, and in controversial cases, conflict situations The decision on the compliance of the activities carried out with the statutory goals of the organization will be made by the court.

In their business activities, NPOs are governed by the same laws as commercial organizations. A legal entity can engage in certain types of activities, the list of which is determined by law, only on the basis of a special permit (license). The list of licensed types of activities is constantly being updated, so the head of an NPO must constantly monitor changes in the laws of the Russian Federation.

An NPO can be established only in those organizational and legal forms determined by federal legislation.

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

• 1. Public organization.
• 2. Social movement.
• 3. Public fund.
• 4. Public institution.
• 5. Public initiative body.
• 6. Non-profit partnership.
• 7. Establishment.
• 8. Autonomous non-profit organization.
• 9. Foundation.
• 10. Association (union).
• 11. Religious organization.
• 12. Homeowners' Association.
• 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 and mobile than other non-profit organizations: the highest governing body in a member organization is always only the general meeting (conference, congress) of members, other management and control bodies are necessarily accountable to it; any member of the organization can apply to participate in elected bodies; Information about the activities of the organization must be available to all members. The founders of such an organization are no different from newly admitted members: founding members can be expelled from the organization in the same way as others; When voting, the founding members may remain in the minority, and a decision will be made that is not in the interests of the founders. The law prohibits giving founding members more rights than other members of the organization. In order to protect the interests of the founders, to prevent decisions leading to changes in the organization’s policy, but also, on the other hand, not to artificially limit the influx of new members, many member organizations establish “ probation» for future members. In the presence of such a procedure, any person wishing to become a member of the organization first becomes a candidate member (associate member) for a predetermined period, and only then, provided there are no claims against the candidate, is he accepted as a member (full member). During the period of candidacy, a future member of the organization takes part in all meetings, events, pays dues and performs other duties, but the range of rights of a 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 governing bodies.

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

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

No one can be forced to join or remain in any association.”

Article 117. Public and religious organizations(associations);

Article 118. Funds;

Article 119. Changes in the charter and liquidation of the fund;

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 a federal executive body that carries out state policy and carries out management in the field of justice, as well as coordinating the activities of other federal executive bodies in this area, in accordance with the tasks assigned to it, carries out a number of basic functions state registration all-Russian and international public associations, branches of foreign non-governmental associations, as well as legal entities in cases provided for 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 Federal Law“On public associations.” This means that associations are liquidated not only as having failed to undergo state re-registration within the prescribed period (Article 52 of the Federal Law), but also as not fulfilling the requirements of Art. 29 of the Law on the annual submission to the registration body of information on the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the managers 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 failure to provide updated information for inclusion in the unified state register within 3 years entails the body that registered the association filing a claim in court 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 start your business. If you write to us about your experience, we will be happy to post this information about ourselves on the website.

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 the public association is adopted and its governing and control and audit bodies are formed. The founders of a public association - individuals and legal entities - have equal rights and bear 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 the 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 responsibilities.

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

Members of a public association have rights and bear responsibilities in accordance with the requirements of the norms of the charter of the public association and, in case of failure to comply with these requirements, may 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, taking part in its activities without mandatory registration conditions of their participation, unless otherwise provided by the charter. Participants of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

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

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

To carry out state registration of public associations, the following package of documents for registration must be submitted to the federal justice body or its corresponding territorial structural unit: public organization, institution, movement, etc.:

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

The registration period for a public association is about one and a half months. So, in particular, at the first stage for 30 days. The Ministry of Justice must make a decision on the state. registration of the association (or refuse). After this, in case positive decision, proceed to the second stage: information about the new legal entity is entered into the Unified State Register of Legal Entities (5 working days) and the corresponding certificate is issued (3 working days). In addition, it is necessary to register for tax purposes, open a personal account, obtain codes from the State Statistics Committee, etc., which can also take about 5-10 days.

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

Basic cost of registration of public associations

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

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

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

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

Additional services provided during registration of public associations

In today's market legal services registration of non-profit organizations is an extremely popular product, but, nevertheless, a piecemeal one. This is due to the fact that state registration of a public organization, movement, foundation, etc. has many nuances that not even every lawyer knows about. In addition, the lack of unambiguous and clear legislation regulating the procedure for registering and carrying out the activities of non-profit organizations makes this area of ​​knowledge extremely complex and multifaceted, so not every specialist will undertake the registration of a non-profit organization.

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

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

What is a non-profit organization?

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

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

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

The legislation of the Russian Federation states that an NPO is an organization whose main purpose is not to generate income and distribute it 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 charities, 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 have the right to act as the founder of an NPO. The number of participants in such societies is not limited at the state level. There may be situations when a public organization has only one participant. The last option is excluded for the following forms of activity - unions, associations and partnerships.

NPO participants can be:

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

The founders of NPOs cannot be:

1. Foreigners or stateless persons for whom there is a ban on staying on the territory of the state.
2. Entities that are on the list taking into account the Federal Law regarding money laundering and terrorist financing.
3. Associations (public or religious), whose activities are prohibited on the territory of the Russian Federation under the Federal Law on extremist activities (Article No. 10).
4. Subjects who, according to a court decision, are involved in extremist activities.
5. Persons who do not comply with the legal requirements defining the procedure for the creation, registration and liquidation of a non-profit organization.

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

The constituent papers must contain the following information:

• The name of the NPO with a description of the directions and forms of activity.
• Legal address at which the public structure is registered.
• Goals and subject, as well as principles of activity management.
• Rights and obligations of founders.
• Data on branches and representative offices of the organization.
• The nuances of the exit of founders from NPOs and the subtleties of admission.
• Features of making amendments to the constituent documents.
• Sources of creation of property, as well as the procedure for its use.

Registration of an NPO - step by step

Today the task of registering NPOs is taken over by the Ministry of Justice of the Russian Federation. It is this body and its branches in various territories of the country that carry out the work of receiving applications and checking documents. In addition, they are the ones 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 is discussed above who, according to the law, has the right to become a member of an NPO - a company or individual, which has no prohibitions at the legislative level.

Determining the direction of activity

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

1. It is important that the type of activity corresponds to the purposes for which the non-profit organization is created.
2. It is important to specify in the charter of the structure all types of activities that the NPO plans to conduct.
3. The Unified State Register of Legal Entities provides complete information regarding the activities of such structures.

Choosing a name

Special attention is paid to the choice of the name of the NPO. There are a number of requirements for it:

• Use only Russian language.
• Indication of the form and type of activity.
• Registration of the name is mandatory, otherwise other persons will be able to use it.
• It is important to be careful when using “Russian Federation” in the name. There are a number of nuances here that you should familiarize yourself with before registering.

Determination of legal address

The next step is choosing a legal address for the organization. There are only two main rules worth highlighting here. First, you need to indicate your real legal address. Secondly, if the property is leased, the lease agreement must be submitted to the Ministry of Justice. If the office is owned by the founder himself, supporting documents will be required.

Collection and transfer of documentation

Now it’s time to collect documents for registering a public association. The package of papers includes:

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

The Ministry of Justice of the Russian Federation does not have the right to demand documents other than those included in the list discussed above.

Payment of state duty

The next step is to pay a state fee, the amount of which for NPOs 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 of a political party (branches by region) - 3,500 rubles.
• Public organization of disabled people - 1,400 rub.
• 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 the papers for state registration.

Transfer of papers to the Ministry of Justice

Once all the documentation has been prepared and the registration process has been paid for, you need to submit 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 is made.

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

Obtaining a certificate

If the Ministry of Justice issues a positive decision, the applicant receives a Certificate confirming the successful registration of the NPO. A period of up to one month is given for this. The paper guarantees the successful completion of registration procedures. The certificate contains the following information - personal code ( registration number), legal address, as well as the name of the NPO.

As noted, government agencies have no more than a month to complete registration procedures. In practice, registration is faster - within two weeks from the moment of transfer of papers. This is possible if the Ministry of Justice has no claims against the applicant in terms of the transferred documentation and other aspects of future activities.

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

Subtleties of filling out an application

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

The application for the creation of an NPO requires the following information: full name, telephone number, and address of the participant. The applicant's signature must be certified by a notary. A second application is also written with a signature made in your own hand (a copy of the first paper is not allowed).

What to do if registration is refused?

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

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

If the applicant is refused to create an NPO, he has two options at his disposal - to accept the refusal and stop trying to create a public organization of this type, or to achieve the goal. According to the law, it is not prohibited to collect and transfer the package of papers for registration again, but provided that the reasons for the refusal are eliminated. Secondary submission of papers is carried out taking into account the requirements of the Federal Law on Non-Profit Organizations.

As can be seen from the article, the process of creating an NPO is quite labor-intensive and requires a certain amount of time to collect papers, transfer them and wait for a decision from 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.

(as amended by Federal Law No. 18-FZ of January 10, 2006)

To acquire the rights of a legal entity, a public association is subject to state registration in accordance with Federal Law of August 8, 2001 N 129-FZ “On State Registration of Legal Entities and individual entrepreneurs" (hereinafter referred to as the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs"), taking into account the procedure for state registration of public associations established by this Federal Law.
The decision on state registration (on refusal of state registration) of a public association is made by the federal executive body authorized in the field of state registration of public associations (hereinafter referred to as the federal state registration body), or its territorial body. The entry into the unified state register of legal entities of information on the creation, reorganization and liquidation of public associations, as well as other information provided for by federal laws, is carried out by the federal executive body authorized in accordance with Article 2 of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" (hereinafter - authorized registration body) on the basis of a decision taken by the federal state registration body or its territorial body on the relevant state registration.
The decision on state registration of an international or all-Russian public association is made by the federal state registration body.
The decision on state registration of an interregional public association is made by the territorial body of the federal state registration body at the location of the permanent governing body of the public association.
The decision on state registration of a regional or local public association is made by the territorial body of the federal state registration body in the corresponding subject of the Russian Federation.
For state registration of a public association, the following documents are submitted to the federal state registration body or its corresponding territorial body:
1) an application signed by an authorized person (hereinafter referred to as the applicant), indicating his last name, first name, patronymic, place of residence and contact telephone numbers;
2) the charter of the public association in three copies;
3) an extract from the minutes of the founding congress (conference) or general meeting, containing information about the creation of a public association, the approval of its charter and the formation of governing bodies and a control and audit body;
4) information about the founders;
5) document confirming payment of state duty;
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 units for international, all-Russian and interregional public associations;
8) when using in the name of a public association the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as full name of another legal entity as part of its own name - documents confirming the authority to use them.
The documents specified in part six of this article are submitted within three months from the date of the founding congress (conference) or general meeting.
State registration of youth and children's public associations is carried out if fully capable citizens are elected to the governing bodies of these associations.
Changes made to the charters of public associations are subject to state registration in the same manner and within the same time frames as the state registration of public associations, and acquire legal force from the date of such registration.
The decision on state registration of a branch of a public association is made by the territorial body of the federal state registration body in the relevant constituent entity of the Russian Federation on the basis of documents submitted by the branch of the public association in accordance with part six of this article and certified by the central governing body of the public association, as well as a copy of the document on state registration of the public association associations. In this case, state registration of a branch of a public association is carried out in the manner prescribed for state registration of public associations. If a branch of a public association does not accept 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 state registration body in the relevant constituent entity of the Russian Federation about the existence of the specified branch, its location, provides information about its governing bodies. In this case, the specified branch acquires the rights of a legal entity from the date of its state registration.
The federal state registration body or its territorial body, within thirty days from the date of filing an application for state registration of a public association, is obliged to make a decision on state registration of a public association or to refuse state registration of a public association and issue the applicant a reasoned refusal in writing.
The federal state registration body or its territorial body, after making a decision on the state registration of a public association, sends to the authorized registration body the information and documents necessary for this body to carry out the functions of maintaining a unified state register of legal entities.
Based on the said decision and information and documents submitted by the federal state registration body or its territorial body, the authorized registration body, within no more than five working days from the date of receipt of this information and documents, makes a corresponding entry in the unified state register of legal entities and no later than one working day, following the day of making such an entry, reports this to the body that made the decision on state registration of the public association.
The federal state registration body or its territorial body, no later than three working days from the date of receipt from the authorized registration body of information about the entry of an entry about a public association into the unified state register of legal entities, issues the applicant a certificate of state registration.
For state registration of a public association and changes made to its charter, a state fee is charged in the manner and amount provided for by the legislation of the Russian Federation on taxes and fees.