How to open an NPO. Creation of an NPO Decision on creation

The procedure for filling out the Application for state registration of a non-profit organization upon its creation:

2.1. In the address part of the Application for state registration of a non-profit organization upon its creation, the name of the authorized body to which the documents are submitted is indicated.

When submitting an Application for state registration of a non-profit organization upon its creation, sheets A, B, E, G to the specified application must be completed. Other sheets of appendices to the application are filled out if necessary.

2.2. Section 1 "Organizational and legal form and name of the non-profit organization."

Clauses 1.1 - 1.6 are filled out in accordance with the constituent documents of the non-profit organization.

According to Art. 4 of Federal Law No. 7-FZ of January 12, 1996, the name of a non-profit organization must contain an indication of the nature of its activities and legal form.

In accordance with subparagraph "a" of paragraph 1 of Article 5 of the Federal Law of 08.08.2001 N 129-FZ, the Unified State Register of Legal Entities contains information about the full and (if any) abbreviated name of the legal entity.

If in the constituent documents of a legal entity its name is indicated in one of the languages of the peoples of the Russian Federation and (or) in a foreign language, the name of the legal entity in these languages is also indicated in the Unified State Register of Legal Entities.

When using the names “Russia”, “Russian Federation”, the word “federal” and words and phrases formed on their basis in the names of non-profit organizations (with the exception of political parties, trade unions, religious associations, as well as public associations with all-Russian status), it is necessary be guided by the Decree of the Government of the Russian Federation of December 7, 1996 N 1463 “On the use of the names “Russia” and “Russian Federation” in the names of organizations.

2.3. Section 2 "Address (location) of a non-profit organization."

In accordance with paragraph 3 of Article 4 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations", the location of a non-profit organization is indicated in its constituent documents.

According to paragraph 2 of Art. 54 of the Civil Code of the Russian Federation, state registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body - another body or person authorized to act on behalf of the legal entity without a power of attorney.

Based on subparagraph "c" of paragraph 1 of Article 5 of the Federal Law of 08.08.2001 N 129-FZ, the Unified State Register of Legal Entities contains information about the address (location) of the permanent executive body of the legal entity (in the absence of a permanent executive body of the legal entity
person - another body or person who has the right to act on behalf of a legal entity without a power of attorney) through which communication with the legal entity is carried out.

When filling out information about the address (location) of a non-profit organization, you should take into account the possibility of communicating with this non-profit organization at the specified address.

2.4. If in paragraph 2.1 the address (location) of the permanent governing body is marked with a “V”,
executive or other body, fill out clause 2.2; then fill in clauses 2.3 and 2.4.

If in clause 2.1 the sign “V” indicates the address (location) of a person who has the right to act on behalf of a non-profit organization without a power of attorney, then clauses 2.3 and 2.4 are completed.

Clause 2.3 indicates the address in the Russian Federation of a permanent governing body, executive or other body or person who has the right to act on behalf of a non-profit organization without a power of attorney.

Clause 2.4 indicates a contact telephone number indicating its area code and fax number (if available).

2.5. Section 3 "Date of the decision to create."

The date of adoption of the decision to create a non-profit organization, reflected in the minutes of the constituent meeting or other decision on creation, is indicated.

2.6. Section 4 "Number of founders of a non-profit organization."

Clauses 4.1 and 4.2 indicate the number of founders, legal entities and individuals, respectively. Information about the founders - legal entities and individuals - is indicated in sheets A and B of the Application for state registration of a non-profit organization upon its creation.

When submitting an Application for State Registration of a non-profit organization upon its creation, information about the founders is filled out separately for each founder.

2.7. Section 5 "Territorial scope of activity of a public association."

The specified information is filled out only by public associations.

According to Art. 47 and Art. 14 of the Federal Law of May 19, 1995 N 82-FZ “On Public Associations”, international, all-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

In accordance with Art. 28 of Federal Law No. 82-FZ of May 19, 1995, the official name of a public association must contain an indication of the territorial scope of its activities.

Section 5 of the Application for state registration of a non-profit organization upon its creation is filled out in accordance with the territorial scope of activity indicated in the name of the public association in accordance with its charter.

2.8. Section 6 "Number of structural divisions of a non-profit organization." Filled out if the non-profit organization has structural divisions - departments, organizations, branches, representative offices.

Clause 6.1 is to be completed only by public associations. The number of branches (organizations) of the public association is indicated. If there are branches (organizations), information about them is indicated in sheet B of the Application for state registration of a non-profit organization upon its creation.

In accordance with paragraph 3 of Article 55 of the Civil Code of the Russian Federation, representative offices and branches of a legal entity must be indicated in the constituent documents of the legal entity that created them.

Clauses 6.2 - 6.3 indicate the number of branches and representative offices of the non-profit organization in accordance with the constituent documents. If there are branches and representative offices, information about them is indicated in sheets D, D of the Application for state registration of a non-profit organization upon its creation.

2.9. Section 7 "The number of persons who have the right to act on behalf of a non-profit organization without a power of attorney."

Information about a person who has the right to act on behalf of a non-profit organization without a power of attorney is indicated in sheet E of the Application for state registration of a non-profit organization upon its creation.

When filling out information about a person who has the right to act on behalf of a non-profit organization without a power of attorney, sheet E of the Application for state registration of a non-profit organization upon its creation is filled out separately for each person who has the right to act on behalf of a non-profit organization without a power of attorney. The number of completed sheets E must correspond to the number of persons specified in Section 7 who have the right to act on behalf of a non-profit organization without a power of attorney.

2.10. Section 8 "Number of types of economic activities."

Section 8 indicates the number of types of economic activities of a non-profit organization.

According to paragraph 9 of the Regulations on the development, adoption, implementation, maintenance and application of all-Russian classifiers of technical, economic and social information in the socio-economic field, approved by Decree of the Government of the Russian Federation of November 10, 2003 N 677 “On all-Russian classifiers of technical, economic and social information in the socio-economic field", the determination of the code of a classification object related to the activities of an economic entity using the all-Russian classifier is carried out by the economic entity independently by assigning this object to the corresponding code and position name of the all-Russian classifier, with the exception of cases established by the legislation of the Russian Federation.

Paragraph 1 of Article 24 of the Federal Law of January 12, 1996 N 7-FZ provides that a non-profit organization can carry out one type of activity or several types of activities that are not prohibited by the legislation of the Russian Federation and correspond to the goals of the non-profit organization, which are provided for by its constituent documents.

Types of economic activities are indicated in accordance with the provisions of OK 029-2001 (NACE Rev. 1) of the All-Russian Classifier of Types of Economic Activities, adopted by Decree of the State Standard of the Russian Federation of November 6, 2001 N 454-st (hereinafter referred to as OKVED).

Information about the types of economic activities is indicated in sheet G of the Application for state registration of a non-profit organization upon its creation.

2.11. Section 9 "Information about the applicant". Filling out all points of section 9 is mandatory, for
with the exception of paragraph 9.5 of the Application for state registration of a non-profit organization upon its creation.

2.12. Subclauses 9.1.2 - 9.1.4 indicate the applicant's last name, first name and patronymic in full, without abbreviations, in accordance with the identity document.

Subclause 9.1.5 indicates the applicant's date of birth.

Subclause 9.1.6 indicates the taxpayer identification number (TIN) of an individual (if any).

This subparagraph is filled out in accordance with the certificate of registration with the tax authority in the form established by the federal executive body authorized for control and supervision in the field of taxes and fees.

Clause 9.2 indicates the details of the identity document.

Subclause 9.2.1 indicates the type of identification document (passport, identity card, military ID, etc.).

Subclauses 9.2.2 - 9.2.6 are filled out based on the data of the identity document. When filling out on the basis of a temporary identity card of a citizen of the Russian Federation, subparagraphs 9.2.2, 9.2.4 and 9.2.6 are not completed.

Clause 9.3 indicates the address of the applicant’s place of residence in the Russian Federation based on the entry in the passport or other document confirming registration at the place of residence.

If the applicant does not have a place of residence in the Russian Federation, clause 9.3 indicates the address of his registration at the place of residence.

Clause 9.4 is completed if the applicant is a foreign citizen or stateless person permanently residing outside the Russian Federation. Clause 9.4 indicates the address of the applicant’s place of residence in the country of which he is a resident, based on the entry in the identity document of a foreign citizen or stateless person.

If there is no information about the applicant’s place of residence in the identity document of a foreign citizen or stateless person, then clause 9.4 is not completed.

Clause 9.5 indicates the applicant’s contact phone number. Subclauses 9.5.1 - 9.5.3 indicate the applicant's contact telephone number indicating its area code and fax number (if available).

2.13. In section 11 of the Application for state registration of a non-profit organization, upon its creation, the signature of the applicant is affixed.

2.14. Section 12 of the Application for state registration of a non-profit organization upon its creation is filled out by a notary in accordance with Article 80 of the Fundamentals of the Legislation of the Russian Federation on Notaries dated 02/11/1993 N 4462-1.

2.15. Sheet A “Information about the founders of a non-profit organization - legal entities” is filled out in cases where a non-profit organization, regardless of its organizational and legal form, has founders - legal entities.

If there are no legal entities among the founders of a non-profit organization, sheet A is not filled out and not submitted.

2.15.1. Sheet A is filled out separately for each founder.

2.15.2. The line following the name of sheet A indicates the full name of the non-profit organization being created.

2.15.3. Sections 1 and 2 of sheet A are filled out in accordance with the constituent documents of the founder - a legal entity.

2.15.4. Section 3 "Information about the founder of a non-profit organization - a Russian legal entity."

Clauses 3.1 and 3.2 are filled out on the basis of a document confirming the entry into the Unified State Register of Legal Entities of the first entry about a legal entity (certificates on forms N P51001, N P50003, N P57001, approved by Decree of the Government of the Russian Federation of June 19, 2002 N 439 "On approval of forms and requirements for the preparation of documents used for state registration of legal entities, as well as individuals as individual entrepreneurs").

Clause 3.3 “Information on registration before July 1, 2002” is filled in completely if the founder - a legal entity does not have a Main State Registration Number.

Clause 3.4 “Address (location) of the founder of a non-profit organization - a Russian legal entity” is filled out in accordance with its constituent documents or with a document containing information about the address (location) of the legal entity.

Clause 3.5 indicates the contact telephone number of the founder, indicating its area code, and fax number (if available).

2.15.5. Section 4 "Information about the founder of a non-profit organization - a foreign legal entity."

Filled out on the basis of an extract from the register of foreign legal entities of the corresponding country of origin or another document of equal legal force confirming the legal status of the founder - a foreign person.

2.15.6. Section 5 "TIN/KPP" indicates the taxpayer identification number (TIN) and the reason for registration code (KPP) of the legal entity in accordance with the certificate of registration with the tax authority in the form established by the federal executive body authorized to control and supervision in the field of taxes and fees.

This section is completed only in relation to the founders of a legal entity - Russian legal entities.

2.15.7. Sheet A of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.16. Sheet B “Information about the founders of a non-profit organization - individuals” is filled out in cases where a non-profit organization has founders - individuals.

If there are no individuals among the founders of a non-profit organization, sheet B is not filled out and is not submitted to the registration authority. Sheet B is filled out separately for each founder.

2.16.1. The line following the title of Sheet B indicates the full name of the non-profit organization being created.

2.16.2. Section 1 "Data of the founder - an individual."

In paragraphs 1.1 - 1.4, the surname, first name, patronymic, date of birth of the founder - an individual are indicated in full, without abbreviations, in accordance with the identity document.

Clause 1.5 indicates the taxpayer identification number (TIN) of an individual (if any). At
When filling out this paragraph, you must be guided by the provisions of paragraph 2.12 of these Methodological Recommendations regarding the indication of information about the TIN.

In relation to a foreign citizen or stateless person, the data is filled in in Latin letters based on the information contained in a document established by federal law or recognized in accordance with an international treaty of the Russian Federation as an identification document of a foreigner
citizen or stateless person.

2.16.3. Section 2 "Citizenship".

Clause 2.1 indicates the citizenship of the founder - an individual.

Clause 2.2 is filled out by a foreign citizen.

2.16.4. When filling out section 3 “Data of an identification document of a citizen of the Russian Federation,” it is necessary to take into account the provisions of paragraph 2.12 of these Methodological Recommendations as they relate to the identification document.

Clauses 3.1 - 3.6 are filled out by a citizen of the Russian Federation.

Paragraphs 3.7 - 3.10 are filled out by a foreign citizen or stateless person.

2.16.5. Section 4 “Grounds for acquiring legal capacity by a minor” is completed if the founder of a non-profit organization is a minor who has been declared fully capable in the prescribed manner.

2.16.6. In paragraph 4.1, the sign “V” indicates the basis for the acquisition of legal capacity by a minor:

Getting married. Clause 4.2 indicates “marriage certificate”. Clauses 4.3, 4.4 are filled out in accordance with the marriage certificate;
- adoption by the guardianship and trusteeship authorities of a decision to declare an individual fully capable. In this case, paragraph 4.2 indicates “the decision of the guardianship and trusteeship authority.” Clauses 4.3, 4.4 are filled out in accordance with the decision of the guardianship and trusteeship authority;
- the court makes a decision to declare an individual fully capable. In this case, paragraph 4.2 indicates the “court decision”, paragraph 4.3 - the number of the court decision, and paragraph 4.4 - the name of the judicial authority, the date the court decision was made.

2.16.7. Section 5 is completed if the founder of a non-profit organization is an individual - a foreign citizen or stateless person permanently residing outside the Russian Federation.

2.16.8. Section 6 "Residence address of the founder of a non-profit organization - an individual."

Clause 6.1 indicates the address of the place of residence in the Russian Federation based on the entry in the passport or other document confirming registration at the place of residence.

If the founder - an individual does not have a place of residence in the Russian Federation, clause 6.1 indicates the registration address at the place of residence.

Clause 6.2 is completed if the founder is an individual - a foreign citizen or a stateless person who permanently resides outside the Russian Federation.

2.16.9. Section 7 indicates the contact telephone number of the founder - an individual, indicating his intercity code, fax number (if available).

2.16.10. Sheet B of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.17. Sheet B “Information about the branch (organization) of a public association” is filled out by an international, all-Russian or interregional public association.

Sheet B is filled out separately for each department (organization).

2.17.1. The line following the title of sheet B indicates the full name of the public association being created.

2.17.2. Section 1 “Address (location) of a branch (organization) of a public association on the territory of the Russian Federation” indicates the location of the branch (organization) of a public association.

Section 2 “Address (location) of a branch (organization) of a public association outside the Russian Federation” is filled out by the international public association.

2.17.3.

2.17.4. Sheet B of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.18. Sheet D "Information about the branch of a non-profit organization" is filled out by a non-profit organization if it has a branch (branches).

Sheet D is filled out separately for each branch.

2.18.1. The line following the title of Sheet D indicates the full name of the non-profit organization being created.

2.18.2. Section 1 indicates the address (location) of a branch of a non-profit organization on the territory of the Russian Federation.

Section 2 indicates the address (location) of a branch of a non-profit organization outside the Russian Federation.

Sections 4 - 6 are completed taking into account the provisions of paragraph 2.12 of these Methodological Recommendations.

Sections 4 - 6 are completed if the head of a branch of a non-profit organization is a participant (member) of the non-profit organization.

2.18.3. Sheet D of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.19. Sheet D “Information on the representative office of a non-profit organization” is filled out by a non-profit organization if it has a representative office(s).

Sheet D is filled out separately for each representative office.

2.19.1. The line following the title of sheet D indicates the full name of the non-profit organization being created.

2.19.2. Section 1 indicates the address (location) of the representative office of a non-profit organization on the territory of the Russian Federation.

Section 2 indicates the address (location) of the representative office of a non-profit organization outside the Russian Federation.

Sections 4 - 6 are completed taking into account the provisions of paragraph 2.12 of these Methodological Recommendations.

Sections 4 - 6 are completed if the head of the representative office of a non-profit organization is a participant (member) of the non-profit organization.

2.19.3. Sheet D of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.20. Sheet E “Information about a person who has the right to act on behalf of a non-profit organization without a power of attorney” is filled out separately for each person who has the right to act on behalf of a non-profit organization
organizations without a power of attorney.

2.20.1. The line following the title of sheet E indicates the full name of the non-profit organization being created.

2.20.2. Sections 1, 3 - 5 are filled out taking into account the provisions of paragraph 2.12 of these Guidelines.

Section 2 indicates the position of a person who has the right to act on behalf of a non-profit organization without a power of attorney, held in the specified non-profit organization.

Clause 4.2 is completed if a person who has the right to act on behalf of a non-profit organization without a power of attorney permanently resides outside the Russian Federation.

2.20.3. Sheet E of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.21. Sheet J "Information on types of economic activities."

Since the constituent documents of a non-profit organization must indicate the subject and goals of its activities, the OKVED codes and the names of the types of activities listed on sheet G must correspond to the goals of the activities specified in the constituent documents.

When filling out sheet G, all types of economic activities that are subject to inclusion in the Unified State Register of Legal Entities are indicated; the main type of economic activity of the non-profit organization is indicated first. If the number of types of activities is more than 5, fill out the second sheet G of the Application for state registration of a non-profit organization upon its creation.

2.21.1. The line following the title of sheet G indicates the full name of the non-profit organization being created.

2.21.2. Information about the OKVED code and the corresponding name of the type of economic activity is filled out in accordance with the All-Russian Classifier of Types of Economic Activities. At the same time, in the column “OKVED Code”, at least three digital characters of the All-Russian Classifier of Economic Activities are indicated.

2.21.3. Sheet G of the Application for state registration of a non-profit organization upon its creation is signed by the applicant.

2.22. Sheet 3 “Receipt for receipt of documents submitted by the applicant to the authorized body for state registration of a non-profit organization” is filled out by the authorized body. At
In this case, one copy remains with the authorized body, the second copy, certified by the signature of a civil servant of the authorized body, is issued (sent) to the applicant indicating the date of receipt of the documents by the authorized body.

Non-profit organizations are special legal entities whose activities are not aimed at generating income. Naturally, the rules for registering (creating) such organizations differ. We'll figure out what you need to open an NPO, whether you can register it yourself, and what nuances you need to know.

What kind of persons are hidden under the name “NPO”

The main difference between non-profit organizations and all others lies in their very name - they do not pursue commercial goals, are not created to make profit as the main purpose of their activities and do not distribute this profit among participants. The Civil Code of the Russian Federation devotes a separate section to the activities of NPOs.

The main provisions for the creation and activities of NPOs are regulated by the norms of paragraph 6 of Chapter 4 of the first part of the Civil Code of the Russian Federation. More specifically, the stages of the “life” of individual organizational and legal forms of non-profit organizations are regulated by special laws:

Federal Law No. 7-FZ dated January 12, 1996 (as amended on June 2, 2016, as amended on July 3, 2016) “On Non-Profit Organizations”
Federal Law of December 5, 2005 No. 154-FZ (as amended on July 3, 2016) “On the State Service of the Russian Cossacks”
Federal Law of May 19, 1995 No. 82-FZ (as amended on June 2, 2016) “On Public Associations”
Federal Law of 04/15/1998 No. 66-FZ (as amended on 07/03/2016) “On horticultural, market gardening and dacha non-profit associations of citizens”
Federal Law of December 30, 2004 No. 215-FZ (as amended on July 3, 2016) “On Housing Savings Cooperatives”
Federal Law of December 8, 1995 No. 193-FZ (as amended on July 3, 2016) “On Agricultural Cooperation”
Federal Law of July 11, 2001 No. 95-FZ (as amended on March 9, 2016) “On Political Parties” (as amended and supplemented, entered into force on March 13, 2016) and others...

On September 1, 2014, new formulations of the rules governing the basic provisions for the creation and activities of non-profit organizations were introduced. Now all non-profit organizations are divided into two groups - non-profit corporate organizations and non-profit unitary organizations. Each of these groups combines different organizational and legal forms. Thus, non-profit corporate organizations include:

consumer cooperatives,
public organizations,
associations (unions),
real estate owners associations,
Cossack societies,
legal education.

Non-profit unitary organizations include foundations, institutions and religious organizations.

In this regard, before starting direct preparations for registration of an NPO, it is necessary to determine its organizational and legal form. Only after its selection by the founders can the creation of an NPO begin.

Preparation of documents

Perhaps this is the most important stage, since the positive decision of government authorities to register an NPO depends on the quality of preparation of documents.

The decision to create

The decision to create an NPO must be made in writing. If a decision is made by several founders, it is documented in a written protocol.

If there is only one founder, then his decision to create an NPO must also be documented. The protocol on the creation of such an organization does not differ in form from a similar protocol on the creation of any other legal entity.

It must contain the name of the NPO, its organizational and legal form, details of the founders (for founders - individuals, it is necessary to indicate passport data and addresses), names of management and control bodies and data of persons who are elected (or appointed in the case of the establishment of an NPO by the sole founder) to management and control bodies.

The protocol contains information about voting on issues on the agenda, the decision contains information about what issues and what decisions were made by the sole founder. The protocol or decision must be drawn up in several copies (at least two).

Attention! A special procedure for making a decision on creation is established by Article 13 of the Federal Law “On Non-Profit Organizations” in relation to a budgetary or government institution (autonomous non-profit organization).

NPO Charter

The most important document of an NPO is the Charter. The Federal Law “On Non-Profit Organizations” classifies the Charter as the constituent documents of NPOs. Part 3 of Article 14 of this law directly provides for a list of information that must be necessarily contained in the Charter, namely:

the name of the non-profit organization, containing an indication of the nature of its activities and legal form,
location of the NPO,
procedure for managing the activities of NPOs,
the subject and goals of the NPO’s activities,
information about branches and representative offices,
rights and obligations of members, conditions and procedure for admission to membership of a non-profit organization and withdrawal from it (if the non-profit organization has membership),
sources of property formation,
the procedure for making changes to the constituent documents of an NPO,
procedure for using property in the event of liquidation.

In accordance with Article 13.1 of the Federal Law of January 12, 1996. No. 7-FZ “On Non-Profit Organizations”, Art. 12 Federal Law of 08.08.2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”, Administrative regulations for the provision by the Ministry of Justice of the Russian Federation of state services for making a decision on state registration of non-profit organizations, for state registration of a non-profit organization upon its creation in an authorized body or its territorial body the following documents are submitted:

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; form P11001, approved by Order of the Federal Tax Service of the Russian Federation dated January 25, 2012 N MMV-7-6/25@ “On approval of forms and requirements for the execution of documents submitted to the registration authority for state registration of legal entities, individual entrepreneurs and peasant (farm) farms ."

The applicant's signature on one copy of the application must be notarized. A total of 2 copies are provided.

2. constituent documents of a non-profit organization - charter;
The charter is provided in three copies - two copies are bound. The third copy is not stitched, but it must contain page numbers.

On the document's firmware, it is necessary to indicate how many pages were stitched. The applicant's signature is placed on each firmware stamp.

3. a decision on the creation of a non-profit organization and on the approval of its constituent documents indicating the composition of the elected (appointed) bodies. The decision is the minutes of the founding meeting or the decision of the sole founder.

In accordance with paragraph 3 of Art. 50.1. The Civil Code of the Russian Federation in the decision on the establishment of a legal entity specifies information about the establishment of a legal entity, approval of its charter, about the procedure, amount, methods and timing of the formation of the property of a legal entity, about the election (appointment) of bodies of a legal entity.

The decision on the establishment of a corporate legal entity (Article 65.1 of the Civil Code of the Russian Federation) also indicates information on the results of voting of the founders on issues of establishing a legal entity, on the procedure for joint activities of the founders to create a legal entity.

The decision to establish a legal entity also indicates other information provided by law.

Please note that the above information must be included in the decision to create an NPO.

4. information about the founders (indicated in the relevant annex to the application);

5. document confirming payment of state duty. Details for paying the state fee can be obtained from the websites of the territorial departments of the Ministry of Justice of the Russian Federation in the region where the NPO will be registered. Currently, the state fee for registering an NPO is 4,000 rubles. State duty is paid through any bank.

6. information about the address (location) of the permanent body of the non-profit organization at which communication with the non-profit organization is carried out (indicated in the corresponding column of the application);

7. when using in the name of a non-profit organization the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name - documents confirming the authority to use them;

8. an extract from the register of foreign legal entities of the relevant country of origin or another document of equal legal force confirming the legal status of the founder - a foreign person;

9. copies of constituent documents, registration certificate or other title documents of a foreign non-governmental non-profit organization (for a branch of a foreign non-governmental non-profit organization).

The list of documents provided upon registration is the same for all organizations. Documents for registration must be submitted no later than three months from the date of the decision to create it.

For some types of NPOs, requirements have been established for the provision of additional documents, as well as the availability of information contained in the organization’s charter (religious organizations, public organizations, political parties).

The list of documents provided upon registration is the same for all non-profit organizations. Documents for registration must be submitted no later than three months from the date of the decision to create it.

In order for the registration of a new company to be successful, it is necessary to correctly prepare the documentation for the registration procedure with the government agency, while paying special attention to the charter. This document must be included in the package of papers submitted to the Federal Tax Service for opening a legal entity. Inaccuracies in the drafting of the charter lead to a refusal to assign legal status to the organization, and subsequently bring chaos to the company’s activities. In the article we will provide a sample charter of an NPO and show how the title page and the entire document are drawn up.

Features of the NPO charter

The charter is a document of a constituent type, which is drawn up at the stages of formation of any organization, regardless of its form. For a non-profit partnership, public organization and foundation, the charter is the basis of the constituent package. If an association or union is created, then a shareholders' agreement is included in the mandatory documents.

The charter of an NPO includes a huge amount of information:

Formation obligations;
A list of mutual work on the formation of an enterprise; it is very important to enter data on the procedure for electing and approving governing bodies, while each form of organization has its own list;
Conditions for the transfer of property - it is important to indicate the sources of its origin and options for exploitation after liquidation;
Conditions for participation in the organization’s work process;
Conditions and procedure for exit/entry of members - if the organization was created through membership, their rights and obligations, exclusion rules should be indicated.
Next, the charter includes the subject and goals, and it is important to display a complete list of activities that will be carried out, this also applies to entrepreneurship that NPOs are allowed to engage in, if it is justified;
Legal address - it is important to indicate the location of the organization being created with reference to branches, offices and representative offices.

The charter specifies information about the name of the non-profit organization, indicates the nature of its work activity and socio-legal form. For example, if a fund is being formed, then this word is present in the name with the corresponding link.

Charter of a non-profit organization - sample 2017-2018

The charter of a non-profit organization 2017-2018 is the main document regulating the basics of its activities. The law defines the requirements for it and its registration, but leaves a number of provisions at the discretion of the founders of a non-profit organization (hereinafter referred to as NPO), in relation to which they independently decide whether to include it in the charter.

Sample Charter of an NPO - ANO.docx

How to prepare an NPO charter

Clause 3 art. 123.1 of the Civil Code of the Russian Federation established that the charter of an NPO of a corporate form is approved at the constituent meeting or conference of a non-profit organization. By the time they convene, the draft document must be prepared and sent to the founders for approval and subsequent approval.

For a unitary NPO, the charter is approved by the founder, the owner of the property - depending on the form of the NPO, the presence of a special norm applicable to this type of organization or a specific organization.

After approval of the charter, the documents of the legal entity are submitted for registration to the Ministry of Justice. In paragraph 3 of Art. 14 of the Law “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ (hereinafter referred to as Law No. 7-FZ) defines a list of information that must be included in the charter of an NPO. This:

location (according to paragraph 2 of Article 4 of Law No. 7-FZ, it coincides with the place of registration);
management procedure (bodies and their powers);
goals of activity (non-commercial) and a specific subject (types of activities, their list must be exhaustive, the wording “and others” is unacceptable);
information about separate divisions;
the rights and obligations of NPO members, if membership is provided as a form of participation, then the procedure for joining and terminating membership;
information about the property of the NPO and the sources of its origin, its fate upon termination of activity;
description of the organization's symbols;
procedures for changing documents.

Model Charter of the Ministry of Justice of the Russian Federation

In 2016, the Ministry of Justice of the Russian Federation prepared recommendations for drawing up a model charter for NPOs; they can be found on the website of the Ministry of Justice. The recommendations were developed taking into account existing law enforcement practice. Based on them, when preparing the draft charter, it is necessary to comply with the requirements of the Administrative Regulations, approved by Order of the Ministry of Justice of Russia dated December 30, 2011 No. 455 (hereinafter referred to as the Regulations).

Waiver of the mandatory title page.
Continuous numbering of all pages.
Dividing the document into sections numbered with Roman numerals, chapters and articles.
Description of the symbols or coat of arms of the NPO as an appendix to the charter.
When developing the name of the organization, compliance with the requirements for its clarity, clarity and information richness. If an NPO intends to use the name of the Russian state in its brand, it will need to obtain permission in the manner prescribed by Decree of the Government of the Russian Federation dated September 24, 2010 No. 753.

Nuances that need to be taken into account when preparing the charter

The charter of an NPO provides for the possibility of structuring the management of an NPO in the most convenient way for the founders. Thus, decision-making may be transferred to the competence of a collegial body:

on the creation of other legal entities and participation in them;
creating branches in other regions and opening representative offices.

The following issues remain at the discretion of the founders to be reflected in the charter:

indication in the charter of information about the founders;
an indication of the right of an NPO to engage in income-generating activities in accordance with its general goals and specific types of these activities, directing profits to specific purposes;
the right to form endowment capital;
regulations for the functioning of the supreme and executive management body, the frequency of meetings, the procedure for holding them.

Unlike LLCs, the Ministry of Justice does not offer a standard form of charter for NPOs to facilitate the registration process. You can learn about simplification of the registration procedure based on standard documents from the article Sample LLC Charter in 2017.

A sample charter of a non-profit organization for 2017-2018 can be downloaded from the link: NPO Charter 2017-2018 - sample.

When drawing up the document, you must remember that the requirements of the charter are mandatory for all participants. Thus, the decision of the Moscow Arbitration Court dated June 23, 2017 in case No. A40-42357/17 confirmed the legality of establishing requirements for the qualifications of participants in the charter.

Amendments to the NPO charter

Amendments to the charter of an NPO, similar to the procedure for its adoption, are carried out at a general meeting of participants, by decision of the founder or, if provided for by the charter, by the highest collegial body. The procedure for making changes should be reflected in a separate section of the charter. They are also introduced in the event of changes in legislation regulating the activities of NPOs. A number of changes, in particular in the composition of the founders, changes in the legal address, types of participants, are not subject to reflection in the charter, but information about them must be entered (and, if necessary, changed) in the Unified State Register of Legal Entities.

The possibility of providing for the procedure for changing the charter in it itself is limited by special rules established by the Government of the Russian Federation or the highest executive bodies of the region, settlement - for state-owned enterprises of the corresponding level.

Registration of changes is carried out in accordance with the requirements of the Regulations by the Ministry of Justice of the Russian Federation, and the responsibility for transmitting information about changes to the Unified State Register of Legal Entities falls on its shoulders. The package of documents for making changes includes:

mandatory new editions (in 3 copies);
protocol on their acceptance;
application in form P13001;
information about the founders;
duty payment information.

Changing the legal address of an NPO

For NPOs, the process of changing the legal address does not necessarily entail changes to the charter. According to paragraph 2 of Art. 4 of Law No. 7-FZ, the location of the company indicated in the charter coincides with the place of registration and is reflected in the charter only as the name of the locality. When registering, the Ministry of Justice of the Russian Federation does not require specific data to be indicated in the charter, such as:

street name;
index;
number of the room.

All this information is included in the registration application.

Thus, when changing location within the same locality, if specific data were not initially included in the charter, there will be no need to make changes to it in connection with a change in the legal address of the NPO. In this case, information about the changes will need to be entered into the Unified State Register of Legal Entities by submitting the appropriate applications.

When drawing up the charter of an NPO, the legislator does not limit the NPO to strict regulation and makes it possible to reflect in the document the management system and the procedure for making changes to the charter that will be convenient for the organization. Exceptions are made for state-owned enterprises, in respect of which the rules on the charter are introduced by the competent authority.

Sample charter of a non-profit organization

The introduction of amendments to the Civil Code, introduced by Federal Law No. 99 of May 5, 2014, divided NPOs into corporate and unitary. We will understand the classification and also provide ready-made examples that can be used to develop, for example, a sample charter of an association of a non-profit organization in 2018.

Non-profit corporate organizations

According to Article 123.1 of the Civil Code of the Russian Federation, NKKO are legal entities that:

do not pursue profit as the main goal of their activities;
do not distribute the profit received between participants;
the founders of NCCOs acquire the right to participate (membership) in them on an equal basis with other participants (members);
The supreme body of the NCCO is the general meeting (conference, congress) of participants (members).

An NKCO is created by a decision of its founders, adopted at a general meeting of founders, where the governing bodies of the NKCO are formed and the charter of the NKCO, which is the main constituent document, is approved. NKPO is the owner of its property.

NCCOs include:

consumer cooperative - a voluntary association of citizens or citizens and legal entities based on membership in order to satisfy their material and other needs, carried out by combining property shares by its members;
public organization - a voluntary association of citizens united 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;
social movement - a public association consisting of participants that pursues social, political and other socially useful goals supported by participants in the social movement;
association (union) - an association of legal entities and (or) citizens, based on voluntary or, in cases established by law, on compulsory membership and created to represent and protect common, including professional, interests, to achieve socially beneficial goals, as well as others that do not contradict the law and are non-commercial in nature;
partnership of real estate owners - a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint possession, use and, within the limits established by law, disposal of property that is in their common ownership or in common use, as well as to achieve other goals;
Cossack society is an association of citizens included in the state register of Cossack societies in the Russian Federation, created in order to preserve the traditional way of life, economics and culture of the Russian Cossacks, as well as for other purposes provided for by the Federal Law of December 5, 2005 No. 154-FZ “On Public Service” Russian Cossacks”, who voluntarily accepted, in the manner prescribed by law, obligations to perform state or other service;
community of indigenous people of the Russian Federation - a voluntary association of citizens belonging to one of the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial-neighbourhood in order to protect the original habitat, preserve and develop traditional ways of life, farming, crafts and culture;
Bar Association - based on compulsory membership to achieve the goals provided for by the legislation on advocacy and the legal profession;
a legal entity that is a legal entity (bar association, law office, legal consultation) - created in accordance with the legislation on advocacy and the legal profession for the purpose of lawyers carrying out legal activities;
notary chamber is a professional association based on compulsory membership and created to implement the goals provided for by the legislation on notaries.

Non-profit unitary organizations

Federal legislation does not provide a clear definition for the entire class of NKUO, in contrast to NKKO. The main difference is that participation in them is not based on membership, although property investments of both individuals and legal entities form the property of NKUO. The main constituent document is the charter.

NKUO include:

foundation - has no membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing charitable, cultural, educational or other social, publicly beneficial goals;
institution - created by the owner to carry out managerial, socio-cultural or other functions of a non-profit nature (state, municipal, private institution);
autonomous NPO - has no membership and was created on the basis of property contributions from citizens and (or) legal entities for the purpose of providing services in the fields of education, healthcare, culture, science and other areas of non-profit activity;
religious - a voluntary association of citizens of the Russian Federation or other persons permanently and legally residing on the territory of the Russian Federation, formed by them for the purpose of jointly professing and spreading faith and registered in the manner prescribed by law as a legal entity.

The charter of a non-profit organization is developed taking into account the specifics of its activities, whether it is classified as corporate (membership-based) or unitary. The charter must contain the following information:

about the name and location;
the subject and purposes of its activities;
on the composition and competence of management bodies and the procedure for their decision-making;
on the procedure for distributing property remaining after liquidation.

Charter of a non-profit public organization (NPO)

Charter of a non-profit organization (NPO): general provisions

The charter of the public organization, according to Art. 14 of the Law “On Non-Commercial...” dated January 12, 1996 No. 7-FZ, is its constituent document. It defines the basic rules of the organization’s activities, which are binding on its bodies and all participants. The list of information that must be contained in the charter of a non-profit organization is indicated in paragraph 3 of Art. 14 of Law No. 7.

Thus, the charter must indicate:

name of the organization, which must contain the full designation of the organizational form in accordance with Art. 6 of Law No. 7, as well as an indication of the main areas of activity (environmental, fire safety, sports, etc.);
location of the organization (place of registration);
the subject and goals of the activity, whereby the goals are understood as the directions of activity, the subject is the methods through the use of which the implementation of the stated goals is planned;
rights and obligations of members of the organization, conditions for admission to membership and withdrawal from the organization;
the procedure for managing the organization (list of management bodies and their competencies);
information about branches and representative offices, if any (this issue is discussed in detail in our other article).
sources of replenishment of the organization’s property and the procedure for its use in accordance with the stated goals of the activity;
the procedure for adjusting the charter, as well as the conditions and rules for the transformation (liquidation) of the organization;
other information.

The charter is approved in accordance with the requirements of Art. 14 of Law No. 7, at the constituent meeting of members of a public organization and subsequently, together with other documents (they are listed in paragraph 5 of Article 13.1 of Law No. 7) are submitted to the regional division of the Ministry of Justice of the Russian Federation.

Inclusion in the charter of information on the implementation of entrepreneurial activities by NPOs

By virtue of Art. 2 of Law No. 7, public organizations are created to implement socially significant goals; their activities do not involve deriving profit from their work and its subsequent distribution among participants. However, the legislation does not prohibit the conduct of business activities by a public organization for the purpose of subsequent distribution of income for its stated purposes of functioning.

If an organization plans to conduct limited business activities (for example, produce goods, provide services, carry out commercial transactions with property), the types of activities used, in accordance with clause 2 of Art. 24 of Law No. 7 must be listed in its charter.

Form, structure, sample charter of an NPO 2018

The charter is submitted for registration in 3 copies, in accordance with clause 41 of the administrative regulations, approved by order of the Ministry of Justice of the Russian Federation “On approval...” dated December 30, 2011 No. 455.

Practitioners should remember that the current legislation does not approve unified forms for the charters of organizations of the organizational and legal form in question, therefore, when drawing them up, the general rules of legal practice are applied. Also, when drawing up the charter, you can use the recommendations posted on the official website of the Ministry of Justice of the Russian Federation.

In particular, when drawing up the charter, the Ministry of Justice recommends numbering all pages (in this case, the design of the title page and its numbering is carried out at the request of the applicant). In addition, the charters submitted for registration must be bound. The applicant's signature is indicated on the reverse side of the last sheet of the document.

The charter itself is divided into separate parts. When designating them, you can use such structural units as section, chapter, article, paragraph. Articles and paragraphs are numbered in Arabic numerals; sections and chapters (if any) can be numbered in Roman numerals.

For greater clarity, we invite you to study an example of a charter drawn up in accordance with the recommendations of the Ministry of Justice of the Russian Federation, taking into account the requirements of Russian legislation in force in 2018.

As you can see, the charter is a multifaceted document that reflects the most significant issues of the functioning of the organization, which should take into account both the current work of the organization and possible prospects. The recommendations given in the article will help you draw up a legally and technically competent document in practice.

Associations that operate without pursuing commercial goals are classified as legal entities. Therefore, they are required to comply with special legal norms and regulations. These include the mandatory registration procedure. To pass it, pre-drafted and approved statutory documents are required. As a rule, their formation raises a significant number of questions from the founders of the NP.

Registration of a non-profit partnership

Current legislation obliges non-profit organizations to undergo the registration procedure through the Federal Tax Service. This process includes several stages:

The first of them involves the need to draw up constituent documents: the charter of the organization, or the statutory agreement.
Next, the approved document must be sent to the Department of the Ministry of Justice (Ministry of Justice). There, specialists will conduct a due examination and decide on the possibility of registering a non-profit organization. The registration form serves as confirmation of a positive decision.
The document issued by the Ministry of Justice must be submitted to the tax service of the entity where the non-profit partnership is located. Tax officers will complete the registration procedure by entering the relevant information into the Unified State Register of Legal Entities.
Only upon the presence of a certificate of entry in the unified register can a society accept members and membership fees, as well as carry out its main activities.

What is a non-profit partnership?

The concept of organizations that are not commercial is usually understood as public and religious associations, professional associations and guilds (for example, the builders' union), and interregional communities. They are united by activities that are aimed at developing socially significant, cultural, and scientific issues. The subject of the activity is assistance in these aspects. However, commercial gain is not the goal of such alliances. That is, simply put, such associations are a club of people interested in resolving significant issues free of charge.

Non-profit partnership refers to a special type of legal entity. Today, a fairly common form of such organizations is the dacha non-profit partnership. These organizations are usually created on the basis of voluntary desire. When answering the question “Dacha non-profit partnership, what is it?” It is worth considering that all non-profit societies have a specific goal, which determines the type of its activity. The goal of the DNP is to resolve issues that affect horticultural and gardening activities. The DNP is formed on the basis of membership fees, is required to register and reflect its activities and its nature in the constituent documents.

How to create a non-profit production?

The process of creating partnerships begins with the formation of the authorized capital. It is determined by the founders of the company and is subsequently reflected in the Charter. This fund can be presented in the form of share capital, as well as share capital. Next, documents are drawn up that will serve as the basis for further activities of the partnership. They should reflect the basic information that is necessary to regulate important issues regarding the further functioning of the organization. They are approved by a general meeting of members of the non-profit alliance.

After the drafting and approval of the statutory documents, the partnership is subject to mandatory registration. Only after completing all these procedures will it be possible to accept new persons into the list of participants and carry out its activities.

Charter of a non-profit partnership sample 2018

The most labor-intensive process during the creation and registration of an NPO is the formation of a charter. However, current federal legislation determines what information must be reflected in it or the charter agreement. Required information includes:

name of the organization (it is better if it reflects the area of activity, for example “association of professional construction experts and appraisers);
indication of the organizational and legal form;
information about the location of the partnership (it can even be registered at the home address of one of the founders).

The title page must reflect the name of the document and information about the protocol of its adoption (number, signature).

The text of the statutory document itself may have chapters or sections in its structure, as well as articles defining its provisions. They should contain information about such basic features of society as:

the purpose of the activity and its subject;
management procedure;
list of rights and obligations of NPO members;
requirements for admission to membership, as well as the procedure for leaving it;
information about acceptable designations of the company (coat of arms, emblem, logo) and their description;
information about the structure of the partnership, terms and competence of its governing bodies.

Among other things, the charter must have a section explaining the procedure for operating property owned by the partnership in the event of termination of its activities. It would not be superfluous to explain how changes and amendments to the statutory documents are possible. Disputes regarding such a merger are settled by arbitration.

A sample charter of a non-profit partnership can be downloaded here:

Law on SRO 315 Federal Law as of 2016

Federal Law No. 315 is the main regulatory framework regulating the activities of self-regulatory organizations. A non-profit partnership is one of these, and therefore exists in accordance with the provisions of this law.