Not all entrepreneurs have the ultimate goal of making a profit. There is also social entrepreneurship, which deals with phenomena that have nothing to do with buying and selling. In order for such an organization to receive the status of a legal entity, its organizational and legal form must be correctly determined, and the most acceptable option would be an NPO - a non-profit organization.
Today, the activities of non-profit structures are regulated in sufficient detail by the state. Before registering an NPO, founders should make sure that their goals and objectives do not contradict the requirements established by the government.
We will determine the features of the functioning of NPOs and the legally justified conditions for their existence. After this, it will be possible to carry out the state registration of this form of legal entity step by step.
What is an NPO
NPO stands for "non-profit organization". This means that its primary task is not material earnings and its distribution among the founders, although the law does not prohibit engaging in business to achieve planned goals. What distinguishes NPOs from commercial structures is their primary goal- achievement of one or another public good.
To the tasks of NPOs questions may include:
- social nature;
- charity;
- cultural sphere;
- environmental protection;
- public health;
- training and scientific activities;
- sports industry;
- spiritual needs of people;
- protecting the interests and rights of different categories of the population, including legal ones;
- mediation in conflicts.
FOR YOUR INFORMATION! The state regulates the activities of NPOs in Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”.
Defining features of an NPO:
- profit is not the purpose of the legal entity;
- funds are not distributed among the founders;
- The scope of activity formulated in the Charter relates to the field of social protection, culture, sports science and other public goods.
Nuances of the functioning of NPOs
NPOs differ from commercial structures not only in their “non-monetary” focus, but also in their subordination - their registration is in charge of the Ministry of Justice, and not the tax inspectorates. And it is much more demanding and severe in relation to the consideration of applications and registration.
- A non-profit organization is considered created as soon as it has passed the state registration procedure. From this moment on, it has the right to function indefinitely, unless otherwise provided by its constituent documentation.
- Legal entities-NPOs can engage in one or several types of regulated activities, which must be reflected in the Charter.
- Although this type of legal entity does not relate to commerce, good deeds also require finance, so NPOs must have their own capital, compiled.
- Some types of NPO activities require a license.
- This kind of organization, unfortunately, can be subject to pressure, against the possibility of which the state has developed a number of precautions. These measures are aimed, first of all, at the transparency of cash flows of NPOs, since unscrupulous investors can also take advantage of them.
NOTE! If a foreign structure decides to create such an organization, the state must check it for a possible threat to national security and the Constitution of the Russian Federation: this is stated in the “Law on Foreign Agents” of June 18, 2016 No. 121-FZ and the “Law on the Register of Undesirable Organizations” of May 23, 2015 year No. 129-FZ.
Types of non-profit organizations
The Ministry of Justice of the Russian Federation divides non-profit structures into 4 main groups:
- Public associations– voluntary consolidation of citizens (at least 3 people or legal entities) based on common goals, interests and needs.
- Political parties– associations that aim to take part in the exercise of power in the state through their authorized representatives.
- Religious organizations – the same as public associations, but with other declared goals - preaching. Education in the appropriate spirit, joint performance of rituals. For this purpose, at least 10 people united geographically can create an NPO. The state provides tax benefits for such organizations.
- Other NPOs:
- foundations – organizations that collect and distribute voluntarily donated funds for specific purposes;
- cooperatives are associations designed to solve the needs of their members for goods and services through voluntary contributions on shares;
- ANO are autonomous non-profit organizations (their founders do not have the right to the property of a legal entity and are not responsible for its obligations);
- institution - the owner (individual, legal entity, subject of the Russian Federation or the federation itself) finances the organization and manages its property in whole or in some part;
- partnerships, unions, associations and other organizational and legal forms (OPF).
The main difficulty in registering an NPO is precisely in determining the scope of activity. When choosing an OPF, you need to consider many important points regarding:
- regulation of relations between participants and founders;
- mutual responsibility;
- ownership of NPO property;
- opportunities and rules for doing business;
- the need to obtain a license;
- subordination to federal laws of the first order (for example, a private educational institution by its Charter should not contradict the Law on Education).
IMPORTANT! At the registration stage, you need to take the choice of public fund very seriously, since re-registration can be more expensive in terms of finances and time than registering the optimal form of NPO activity.
What to name an NPO
The law obliges NPOs to be named using two components:
- proper name;
- indications of his OPF.
For example: consumer society "Gidrostroitel", charitable foundation "Saving Hearts", religious organization "Seventh-day Adventists", etc. Incorrect wording can do a disservice during registration.
If in the process of operation it is decided to rename the NPO or change its OPF, it will be necessary to register these changes by state procedure. This is a rather labor-intensive process that involves making changes to all constituent documents, destroying the seal and making a new one, notifying all counterparties, the bank, statistical authorities, and social funds.
BE CAREFUL! When formulating the name of an NPO, check whether an organization with that name is already registered - this will also be grounds for refusal of registration.
Since the name of an NPO must clearly indicate the type of activity, overlaps with the names of commercial organizations are excluded.
After registration, the NPO will have the exclusive right to use the name.
Who has the right and does not have the right to become a member of an NPO
The law allows the establishment of NPOs by individuals and legal entities, citizens of the Russian Federation and foreigners, as well as stateless persons. There can be one founder (except for forms of associations, partnerships, unions), or there can be as many of them as desired; the law does not limit the number.
The following categories of legal entities or individuals are prohibited from becoming founders or participants or members of NPOs:
- foreign persona non grata;
- persons from the list of countering the financing of terrorism or money laundering (clause 2, article 6 of Federal Law No. 134);
- associations whose activities were suspended on the grounds of countering extremism;
- persons convicted of signs of extremist activity;
- incompetent citizens.
All about NPO registration
Before you begin preparing for this procedure, it is worth carefully studying all the state requirements for the wording of the Charter and the list of necessary documentation. Unlike the registration of commercial organizations, NPOs receive closer attention from the government in the person of the Ministry of Justice. Any inaccuracy may be a reason for refusal of registration, which means that everything will have to start from scratch, and even the state duty will not be refunded.
FOR YOUR INFORMATION! Many founders prefer to turn to specialized law firms, entrusting them with the complex and responsible procedure for registering an NPO. If you decide to do this yourself, you should carefully monitor each stage.
Step 1. Preparation of statutory documentation
Before registering a non-profit association, it must first be formally created. To do this, the founders gather at a general meeting and formulate and adopt the Charter. This can be done by the sole founder independently. The decision to create is documented in the minutes of the meeting. It is necessary to comply with the requirements for the Charter specified in the legislation, which indicate that it must contain the following data:
- full name of the NPO;
- nature of the activity and general public fund (you must indicate all types of activities that the organization intends to engage in);
- legal address of the organization;
- goal and tasks;
- features of management policy;
- rights and obligations of founders and members;
- information about representative offices and branches (if any);
- rules for admission and exit from the association;
- features of changes in constituent documentation;
- regulation of NPO ownership issues.
Step 2. Completing an application for registration
The application must be drawn up in form RN0001. The form must correctly indicate:
- personal data of the applicant;
- his contact details;
- location.
To submit this application, it must be notarized.
Step 3. Payment of the state fee for registration
Recently, the amounts of this duty were changed by the Ministry of Justice based on changes to federal legislation. The current amounts of duties should be clarified in clause 25.3 of part two of the current edition of the Tax Code of the Russian Federation.
You can transfer these funds at any bank branch by making a non-cash payment. Details should be obtained from the Ministry of Justice of the Russian Federation (on its official website). The payment receipt must be copied and both copies must be presented when submitting documents.
IMPORTANT! Only the applicant must make the payment and appear on the receipt.
STEP 4. Collecting a package of documents
For subsequent submission to the registration authority, you need to prepare the following set of necessary papers:
- constituent documentation - Charter, constituent agreement in 3 copies;
- decision to create an NPO - minutes of the meeting of founders or a sole decision (if there is only one founder), 2 copies will be required;
- passport details of the founders – 2 pcs.;
- data on the territorial affiliation of the organization, confirmed by a lease agreement, letter of guarantee, certificate of ownership of real estate, etc.;
- a receipt confirming payment of the state duty (original and copy);
- certified application for state registration of an NPO (according to form RN0001) – 2 copies, both with a handwritten signature of the same person whose data appears on the state duty receipt.
FOR YOUR INFORMATION! Some forms of NPO will require additional documents, for example, if copyright is used in the name, you must provide proof of copyright ownership. And the foreign organizer will also have to present an extract from the Unified State Register of Legal Entities of his state about his legal status. Therefore, during preparation, you should once again clarify with the registration authority the list of necessary documentation: the Ministry of Justice has no right to require any documents beyond those listed.
STEP 5. Submitting an application to the registration authority
This step must be taken no later than 90 days after the first step. That is, the date on the minutes of the decision of the general meeting on the creation of an NPO. Expired protocols will not be accepted for registration.
The package of documents must be submitted to the territorial body of the Ministry of Justice of the Russian Federation in person or by mail with a list of investments. It is acceptable to entrust this matter to a law firm specializing in state registration.
Step 6. Waiting for a decision to be made
The time frame for consideration of an application by the Ministry of Justice differs from similar registration of commercial associations. The usual processing time for most NPO forms is 2 weeks. However, making a decision on registering political parties takes 30 days, and for religious organizations it can take six months if a religious expert examination is required.
Step 7. Tax registration
If the decision to register is positive, the newly created NPO is entered into the Unified State Register of Legal Entities by the Federal Tax Service. This will take approximately 7 working days. After entering the necessary information, the Federal Tax Service forwards information about the completion of registration to the relevant territorial body of the Ministry of Justice.
Step 8. Obtaining a certificate
Within 3 days after receiving confirmation from the Federal Tax Service, the Ministry of Justice is obliged to issue the applicant a document confirming state registration, containing:
- name of the NPO;
- legal address of the association;
- individual state registration number.
The issuance of this paper means that from this moment the NPO is officially recognized as existing.
Possible reasons for refusal to register an NPO
- The submitted documents in some part contradict the Constitution and/or legislation of the Russian Federation.
- The applicant does not have the right to be the founder of an NPO in accordance with the Federal Law “On Commercial Organizations”.
- An organization with this name has already been registered.
- The name given to the NPO is offensive to moral, national, and religious feelings.
- Incomplete package of documents.
- Documents drawn up in violation of legal requirements.
- Inaccurate information in the provided documentation.
Having eliminated the reason, you can resubmit the documents, but you will need to pay the state fee again or appeal the decision to refuse registration to a higher authority or in court.
Those wishing to open a non-profit organization, first of all, should know how it goes and what documents will be needed for this. In this article we will talk about how to apply for registration of a non-profit organization and cover the procedure itself in more detail.
It should be noted that non-profit organizations are not created for the purpose of generating income and dividing it between participants. They pursue socially significant goals. Even if they make a profit, they leave it for the needs and development of the enterprise. There are the following types:
- Funds.
- Institutions.
- Associations.
- Unions.
- Public associations.
- Religious associations.
Registration procedure
To ensure that the registration procedure does not take much time and is carried out competently, we offer convenient step-by-step instructions:
- Collection of documentation and its signing. Along with the application for registration, papers are submitted, the presence of which is required by the Ministry of Justice of the Russian Federation. This includes a receipt for payment of state fees and. The most important thing here is the registration application - form p11001 2017. You also need to prepare a document that confirms the location of the organization. It must be remembered that the size depends on the activities of the NPO. If this is an ordinary NPO, then the contribution amount will be four thousand rubles. To create a political organization you will have to pay two thousand, and for an organization involved in the protection and implementation of the rights of people with disabilities, one thousand.
- Registering the application with a notary and then submitting a package of documentation to the local branch of the Ministry of Justice of the Russian Federation, where they will examine the submitted documents in detail and then make a decision.
- Registration with the local tax service. And after that, all that remains is to wait for documents from the Ministry of Justice, which will confirm the completion of the registration procedure.
The amount of state duty depends on the activities of the NPO.
The applicant can be the head of the organization or the board of founders.
The timing depends on. So, for example, if a religious organization is registered, the deadlines are determined after passing the examination. It will take one or two months. It takes 33 days for public organizations to register. They will wait 30 days for the procedure to be completed.
As for other NPOs, a seventeen-day period has been established for them. Do not forget that it also takes time to register with the tax authority. Typically it will be from two to four weeks. Gardening and gardening associations are the luckiest of all, because the Ministry of Justice will register them the fastest.
Finally
The manager and founders need to take seriously the collection of documents before starting the registration procedure. This will guarantee that the registration authority will approve the procedure and state registration will be successful.
Creating a company whose key objective should be a social movement or a socially significant goal is more difficult than a regular business, so registration of an NPO should be entrusted to competent specialists. They will quickly and competently prepare the necessary documentation and carry out registration procedures.
Types of non-profit enterprises
Issues of working without conducting any kind of entrepreneurial activity are regulated by the Civil Code of the Russian Federation and a number of other regulations. The key ones are No. 7-FZ “On Non-Profit Organizations”, adopted on January 12, 1996, and No. 82-FZ dated May 19, 1995 (“On Public Associations”). Having the skills to apply legislation on non-profit organizations allows you to work successfully in this area.
When registering an NPO, you can choose from the following list:
- Religious association.
- Public association.
- State corporation.
- Various types of partnerships.
- Autonomous non-profit organization.
- Social Fund.
- Charitable foundation.
- Unions and associations of legal entities.
Each option has certain features both for registration actions and subsequent work (permissible types of activities, reporting to the tax service, calculating employee salaries). This must be taken into account when creating an NPO and work only after consulting an experienced specialist.
Differences from commercial enterprises
All existing types of legal entities provide some kind of services and create inventory. The key thing when registering NPOs is the absence of signs of entrepreneurial activity in their regulations. Such companies cannot be retail/wholesale stores or service centers with the aim of making a profit from this. Before opening a non-profit organization in Moscow or any other city, you need to take this point into account.
Any funds received from the sale of goods and the operation of service centers must be used to carry out activities. Maximum for paying wages to employees, repaying debts on consumed resources such as electricity, heating, gas and water supply. Therefore, before registering a non-profit organization, you should carefully weigh the expected pros and cons.
If during the course of work prohibitions on certain types of activities are revealed, reorganization may be necessary. This process is best carried out with the assistance of a competent specialist. After all, you need to know exactly how to register changes in a non-profit organization. Mistakes during such activities usually lead to penalties, which can easily be avoided.
What is required to create a company
The primary task when registering an NPO is to collect the necessary documents and submit a request to the Ministry of Justice. Errors at this stage may be associated with refusals and the need for re-application. And this is an additional expense, because each time you submit documentation you have to pay the state fee again.
Creating a non-profit organization begins with collecting the following papers:
- Receipt for payment of state duty.
- Application on an approved form.
- A package of constituent documentation (minutes of the meeting, statutory documents, information about all participants with their passport details).
- Title documents for property transferred to the company.
All of the above is required. Based on this, the Ministry of Justice makes a decision whether the company being created can operate within the framework of current legislation or whether any points do not comply with it. This means that you need to communicate with specialists before submitting an application for registration of an NPO.
Step-by-step instructions for registering an NPO
A competent approach to the preparation process allows you to meet the deadlines as quickly as possible. The first thing that saves time is the absence of errors. The second is working with standard document samples. Development from scratch is carried out in rare cases; it is easier to use the ability to adapt standard options to specific conditions. The price in this case will be lower.
The registration procedure for a non-profit organization takes place in the following order:
- Preparation of constituent documentation.
- Payment of state duty.
- Submission of documents to the registration authority.
- Obtaining a certificate of state registration of the company along with an extract from the Unified State Register of Legal Entities.
- Issuance of statistical codes.
- Development of a seal of a legal entity, stamps (if necessary).
- Opening a current account, obtaining bank details.
All that remains is to notify extra-budgetary funds about the creation of a non-profit organization and start working. If you plan to hire employees, you need to immediately take care of an experienced accountant (in-house or outsourced).
State duty amounts
Before documents are submitted to create a non-profit organization, a fixed amount of state duty is paid. This is payment to government agencies for registration actions. Its size may vary depending on the year. So, in 2017 it was 4,000 rubles. The exception was political parties and regional divisions (for them the fee was 2,000 rubles).
Registration of changes of non-profit organizations is paid differently. If it is necessary to adjust the statutory documents or other actions that need to be carried out through the registrar, the payment is equal to 20% of the state duty paid at the time of registration actions.
When contacting specialists, it is worth raising the issue of paying for the registration of symbols of a non-profit organization. It is recommended for any company to have a recognizable brand, including a name and various logos. With this approach, the success of work is higher, the goals specified in the statutory documents are achieved within the established time frame. Maximum recognition is necessary for a public company as well as for businessmen.
What points are required in the charter
The following information is required to be entered:
- Purpose and subject of activity. This section should be as open as possible, with explanations of special terms.
- Information about the presence of branches and representative offices or their absence.
- Location (actual and legal).
- The procedure for managing activities (individual, collegial body, composition).
- Source of property formation.
It remains to supplement the contents of the statutory documentation with the rules for making adjustments. The procedure for registering a non-profit organization involves submitting papers as work is planned from the moment of opening, but allows you to add types of activities and make other changes. Each case of adjustment must be carefully analyzed so that the updated clauses comply with the current legislation of the Russian Federation, including any innovations and prohibitions.
Where to go to quickly register a company
When creating non-profit organizations, a lot of nuances arise. The first questions faced when choosing a legal form. Without a specialist with practical skills in registration activities, it is sometimes difficult to figure this out.
It is better to open an NPO in Moscow with the help of professionals because:
- They will take on as much routine as possible.
- They will prepare documentation without errors. The process is completely open, the customer can always intervene in it.
- They will independently submit the papers to the registration authority.
- You will receive a certificate of registration.
- If necessary, they will help restore accounting in previously created companies.
Assistance with nonprofit registration and maintenance is very important. All legal entities are required to maintain accounting records. Some are allowed a simplified version, others have to keep full accounting. An accountant and lawyer working under an outsourcing agreement allow you to receive services cheaply compared to full-time employees. They are ready to register new companies (including registering a turnkey non-profit organization), reorganize old ones or liquidate enterprises that are no longer needed.
In Moscow, this form of cooperation is also common because of the service without vacations or sick leave, which is typical for full-time employees. Thanks to this, it is easy to create several companies and provide accounting by one person. The cost is chosen by the client and depends on the volume of outsourced work. How much it will cost to register an NPO in Moscow on a turnkey basis can be found out after the audit. Registration of an NPO will be cheap with the Rigby company.
If you are reading this article, it means you are determined register an autonomous non-profit organization yourself . We are happy to help you with your task!
To open an autonomous non-profit organization yourself you need to be patient and carefully weigh the pros and cons, evaluate the precious time spent, monetary investments, etc. Self-registration of ANO will require from you certain knowledge and experience in competent preparation of documents for establishment of an autonomous non-profit organization . In this article we bring to your attention a simplified and accessible course on preparing documents for creating an autonomous non-profit organization on your own .
Required knowledge of what constitutes an autonomous non-profit organization:
1. Autonomous non-profit organization is a non-profit organization that does not have membership, which is established by fully capable citizens and/or legal entities on the basis of voluntary property contributions in order to provide services in the field of education, health care, culture, science, law, physical culture, sports and other services, for example, publishing house or examination. (Article 10 of the Federal Law of the Russian Federation “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ).
2. Founders of an autonomous non-profit organization There may be fully capable citizens of the Russian Federation and legal entities, as well as foreign citizens and stateless persons legally located in the territory of the Russian Federation. The number of founders of an independent non-profit organization is not limited. The founders do not manage the autonomous non-profit organization independently (through the General Meeting of founders or members). The founders supervise the activities of the independent organization in the manner prescribed by the Charter of this organization. The founders - individuals of the ANO can elect themselves to be members of the highest governing body of the ANO and thus exercise leadership of the non-profit organization.
4. Decision to establish an autonomous non-profit organization or Minutes of the founding meeting of the ANO. With this question, everything is simple: if there is one founder, then there is a decision, if there are two or more founders, then there is a protocol. At the first constituent meeting, a decision is made to create an autonomous non-profit organization with its full name, the location (legal address) of the non-profit organization is approved, the composition of the highest collegial governing body of the non-profit organization is formed, and the head of the non-profit organization is elected, if necessary. If it is planned to elect one of the members of the highest collegial governing body of the autonomous non-profit organization as the head of an autonomous non-profit organization, then this supreme governing body must include at least three members - individuals.
5. Charter of an autonomous non-profit organization must meet the requirements Art. 14. It is necessary to carefully develop the goals of creation, the subject and types of activities. The name of an autonomous non-profit organization must be the most original, not duplicate the names of other non-profit organizations and reflect the main purpose of creating the autonomous non-profit organization. In other words, the name from the full name of the ano should be as clear as possible why this autonomous non-profit organization was created. The first name (surname) of a citizen in the name can only be used with the consent of this citizen. The words “Moscow”, “Russia” and their derivatives are used only with official permission from the authorized bodies.
It is also necessary to develop the structure of the administrative bodies and their competence. A separate chapter of the charter should be devoted to the property of an autonomous non-profit organization. Do not forget about the procedure and conditions for making decisions on changing the charter, reorganization and liquidation of an autonomous non-profit organization.
Currently, you can find quite a lot of templates for the charter of an autonomous non-profit organization on the Internet. Many of them comply with the requirements of the legislation on NPOs. But be careful, changes to legislation are made quite often, and examples of constituent documents of NPOs presented on the Internet are not always updated, which is why they are called example, template, sample, etc. To be more confident that you have chosen the correct charter of an independent non-profit organization, you need to compare the charter with the current legislation on non-profit organizations, in particular, with Federal Law of the Russian Federation “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ in the current edition.
6. ANO does not set the main goal of its activities to make a profit and does not distribute the profits received among the founders. An autonomous non-profit organization can carry out business activities only insofar as it serves the achievement of the goals for which it was created and complies with the goals specified in its Charter, subject to the requirements of current legislation. An autonomous non-profit organization has the right to set prices for its work and services within the limits determined by the current legislation of the Russian Federation and civil law contracts.
7. The section of the charter on the property of an autonomous non-profit organization must be clearly stated. Federal Law of the Russian Federation “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ.
Documents submitted for registration of an autonomous non-profit organization to the registration authority in accordance with clause 5 of Art. 13.1 Federal Law of the Russian Federation “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ:
1. certified by a notary (signatures of all founders are certified);
2. Application for registration of an independent non-profit organization in the approved form (P11001), not certified by a notary (signed by all founders);
3. ANO Charter in accordance with current legislation - in triplicate;
4. or Protocol on the creation of an autonomous non-profit organization - in duplicate;
5. Information about the address (location) of the executive body of the autonomous non-profit organization at which communication with the organization will be carried out - Letter of guarantee and a certified copy of the address certificate or certificate from the relevant authorities, if the address is “home”, i.e. legal address according to the registration of the founder-manager;
6. Receipt for payment of state duty(the amount of state duty is 4,000 thousand rubles).
7. Documents confirming the right to use part of the registered name of another organization, the name of a citizen or the words “Moscow”, “Russia” and their derivatives in the name of an autonomous non-profit organization.
8. A power of attorney, certified by a notary, for the person who will submit documents for registration to the registration authority. An exception is the Main Directorate of the Russian Ministry of Justice for Moscow - the applicant’s signature on the power of attorney not certified by a notary is sufficient.
9. (established form) - in two copies.
10. Other additional documents in accordance with the requirements of current legislation.
Prepared documents in a binder are submitted to the appropriate registration authority. For Moscow, this is the Main Directorate of the Ministry of Justice of the Russian Federation for Moscow. For the Moscow region - Department of the Ministry of Justice of the Russian Federation for the Moscow region.
Fourteen working days after the ANO submits its documents for state registration to the relevant registration authority, a specialist will contact you and submit your case for registration of the organization. If the specialist does not call, then call yourself using the contact phone numbers listed on the website of this department of the Ministry of Justice.
Be prepared for the fact that each specialist of the relevant department of the Ministry of Justice, to whom your case is transferred for registration of an autonomous non-profit organization, may require adjustments to the name, goals, activities of the autonomous non-profit organization, according to some provisions of the charter, application for registration of the autonomous non-profit organization. This is a common practice. Usually, when the registration of a non-profit organization being created is suspended, the receipt for payment of the state fee and the notarized application in form P11001 are not returned. In this case, you will have to pay again the state fee for registering a non-profit organization of 4,000 rubles. and notary services to certify the signature of the founders on the application P11001.
If everything in the documents is correct and the specialist has not made any additional requirements for the execution of the documents you submitted, then you will receive the final package of documents from the Ministry of Justice in approximately two to three weeks.
Next, you need to order a stamp, print out the notice of registration with Statregister, open a bank account, receive documents on registration with the Pension Fund and the Social Insurance Fund of the Russian Federation.
Even if the activities of an autonomous non-profit organization have not been carried out for a year or more, do not forget about annual reports to the relevant registration authority on the continuation of the activities of your autonomous non-profit organization. Reports are submitted by April 15 of the current year for the past year. For those non-profit organizations that do not submit reports to the Ministry of Justice, a fine of 5,000 rubles is collected through the court.
This article presents an abbreviated course on self-registration of an independent non-profit organization, prepared by experienced lawyers of the YusSfera Legal Center, tel. 8-499-340-75-19.
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
Office adress: Moscow, st. Zemlyanoy Val, 7, entrance 3, floor 2, office 215.
The cost of preparation services is only 8,000 rubles.+ detailed instructions for registering an autonomous non-profit organization yourself.
We are happy to help you!
For many citizens, information about what registration of a non-profit organization looks like is becoming increasingly relevant. The instructions with which you can open any non-profit organization are quite simple, but at the same time they are associated with some important nuances worthy of attention. Such information is important for the reason that many social tasks and other projects can be implemented using just this form of non-profit structure.
Non-profit organization: registration
A structure of this type should be understood as an organization whose activities are not focused on making a profit and do not imply the distribution of financial resources between its participants.
What can be considered as the main purpose of creation? The answer to this question has several facets:
Achieving educational, cultural, managerial, charitable and scientific goals;
Development of sports and physical culture;
Protecting the health of citizens;
Protection of legitimate interests and rights of both organizations and individuals;
Providing legal assistance;
Resolution of disputes and conflicts;
Any other goals aimed at achieving public goods.
Types of non-profit organizations
Before opening any organization that is not profit-oriented, you need to determine what exactly its future activities will be devoted to.
The list of organizational and legal forms that are permitted by Russian legislation will help you make the right decision. This:
Consumer cooperatives;
Institutions;
Associations of legal entities (unions and associations);
Religious and public associations.
It is important to study all of the above types of structures and make the right choice, since the procedure for registering non-profit organizations implies that all types of activities that will be carried out in the future are reflected in the charter.
General scheme of actions
Initially, it is worth noting that all actions aimed at creating a non-profit structure must comply with the requirements described in the administrative regulations of the Russian Federation.
The step-by-step registration of a non-profit organization is as follows:
Preparation of the necessary documents, their subsequent signing and;
Certification of an application for registration of a legal entity by a notary;
Providing collected and certified documentation to the local body of the Ministry of Justice of the Russian Federation;
After consideration, the registration authority makes a decision;
Registration with the tax office of the organization that was registered;
Obtaining documents that will serve as official confirmation of the state registration of the NPO.
The algorithm according to which state registration of non-profit organizations takes place makes it possible for both the head of a legal entity and the founder of the organization itself to act as an applicant.
More details about the deadlines
If you try to figure out how long you will have to wait for a decision from the registration authority, then it is initially worth noting that the number of days in this case directly depends on the type of organization.
If we are talking about a structure with a religious context, then the actual period will be determined only after the relevant state examination. As a result, you will have to wait either a month and 3 days, or twice as long. When it comes to registering public associations, the Ministry of Justice will take 33 days, but to found political organizations you need to wait three days less - 30.
If any other non-profit organization is created, registration will last 17 days.
It will also take time to register the new structure with the tax service. More specifically, from 2 to 4 weeks.
As for the general subsequent registration, it will be approximately 2 months. Moreover, this waiting period does not include the time that needs to be spent on preparing documentation.
Those who intend to register gardening, dacha, horticultural non-profit associations and consumer cooperatives can breathe a sigh of relief, since they will have to wait much less for the decision of the registration authority.
What documents need to be collected
This stage is one of the most important in the registration process. After all, if you do not submit all the papers required by the Ministry of Justice along with your application, you will have to start all over again.
First of all, you need to fill out an application for registration of a non-profit organization. Moreover, it must contain information about the persons who are the founders of the NPO. It must be drawn up carefully, taking into account the future structure of the association.
A well-formed charter is the next thing without which registration of non-profit organizations will not be carried out. The documents must also include a receipt confirming payment of the state fee.
It is worth remembering the need to provide a protocol for creating an NPO. An alternative would be a decision to approve the organization, which would need to specify which bodies were elected.
The last document that you cannot do without is confirmation of the place where the organization will be located. It can be in writing and provided by both the tenant and the owner, confirming the fact that both parties are willing to enter into a lease.
It is also worth paying attention to the fact that the set of papers described above is general. This means that, depending on the territorial scope of activity and the organizational and legal form, the set of documents may change.
What documents confirm state registration?
Anyone planning to create an NPO should understand exactly how one can confirm the fact that their organization operates legally.
So, in order to feel confident before any checks, you need to have the following documents:
A certificate confirming registration with the Federal Tax Service;
Correctly drawn up charter;
Notification that the organization is registered with extra-budgetary funds;
The registration certificate itself.
Those who are concerned about starting an activity should know that as soon as a positive decision has been made by the registration authority and all the necessary documents have been issued, you can safely be active within the chosen profile.
Working with finances
In addition to all the above steps, without which any non-profit organization cannot begin to exist, registration also indirectly implies opening a bank account. This must be done in order to easily make all the necessary calculations. At the same time, it is important to convey information about the account to representatives of the tax service and funds.
If you delay this step and fail to provide such information in a timely manner, you may face the need to pay a fine.
Don't forget about financial statements either. After registration, each non-profit organization is obliged to submit it to the tax authorities no later than the established deadlines. Everything here is as strict as in the case of entrepreneurs. Filing special reporting is no less important than accounting.
How changes are made to constituent documentation
It may happen that in the process of activity there is sometimes a need to make certain adjustments. Registration of changes in a non-profit organization has a specific algorithm that allows you to easily complete a similar task:
Statement;
The Charter presented in the new edition and the previous version;
A document confirming payment of the state duty;
A decision that specific changes will be made.
All of the above papers must be provided in two copies. In the case of the charter, you will need 3 copies. The payment order or payment receipt must be provided in the original. As for the application, it must be notarized. But the decision on changes needs to be formalized in the form of a protocol.
Within the framework of the topic: “Registration of non-profit organizations: step-by-step instructions,” it is necessary to touch upon such an issue as the reasons for changes in the charter. Adjustments become relevant due to the influence of various factors. Examples include changing an address or adding a new activity.
What you need to know about state duty
Whatever non-profit organization is created, registration of such a structure will always include the payment of a state fee, the amount of which may vary depending on the profile of the activity.
When creating an NGO, you will need 4,000 rubles, in the case of forming a political party, you need to prepare 2,000 rubles, and those who intend to register a public all-Russian organization of disabled people must pay one thousand.
If we are talking about changing the charter, then the payment will be 20% of the standard state duty, which is charged upon registration.
How to carry out liquidation
We should not exclude circumstances in which the activities of a particular organization become irrelevant and there is a need to neutralize it. In order for this procedure to be carried out correctly, accurate information is also necessary.
First of all, you need to inform the department of the Ministry of Justice, local branches of funds (social, pension) and, of course, the tax service about such a decision.
The next step will be to publish information about the closure of the organization in the media. Then the accountant draws up an interim balance sheet, reflects the presence of debtors, as well as debts, after which all current taxes are paid.
The final stage can be defined as paying off debt and working with creditors.
When all of the above steps are completed, the founders receive 2 months to prepare all the necessary documentation for liquidation.
Conclusion
If you carefully study all the existing requirements and carefully consider the collection of documents, you can easily both register a non-profit organization and liquidate it.
In other words, the legislation that is currently in force creates favorable conditions for such activities. And this is a very important point in the development of the social position of certain civil groups.
