State registration of public associations must be carried out. Procedure and deadlines for registering a public organization

One of the most common forms non-profit organizations, which are subject to special registration requirements, are public associations. According to the Federal Law of May 19, 1995 N 82-FZ “On Public Associations” *(115) (Article 3), a public association should be understood as “a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to realize common goals specified in the charter of the public association.”

A public association can function both in the form of a legal entity (i.e. registered in a certain way as such) and without forming a legal entity. Accordingly, depending on registration as a legal entity or lack thereof, a public association has a more or less extensive range of rights and obligations.

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

Public organization;

Social movement;

Community Foundation;

Public institution;

Public initiative body;

Political party.

Each of the listed organizational and legal forms, along with the general characteristics characteristic of a public association, has its own characteristics inherent in each of the forms separately.

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

A social movement is a mass public association consisting of participants and without membership, pursuing social, political and other socially useful goals supported by participants in the social movement (Article 9 of the Law on Public Associations).

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

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

A public initiative body is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of the statutory goals and implementation of the programs of the public body amateur activity at the place of its creation (Article 12 of the Law on Public Associations).

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

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

One of these exceptions is the state registration of public associations as legal entities. The Law on Public Associations establishes some features of the special registration procedure.

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

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

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

3) a public association whose activities have been suspended in accordance with Article 10 of the Federal Law of July 25, 2002 “On Combating Extremist Activities”;

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

State authorities and local self-government bodies cannot act as participants in public associations.

Accordingly, applicants for registration of a public association when creating it can be a) the founder (founders) - individuals; b) the head of another public association, acting as the founder of the registered association; c) another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local government body.

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

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

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

For state registration of a public association upon its creation, authorized applicants, within three months from the date of the founding congress (conference) or general meeting, which decided to register the public association as a legal entity, submit the necessary documents to the body making the decision on state registration. With such documents, according to paragraph. 6 tbsp. 21 of the Law on Public Associations are:

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

2) the charter of the public association in three copies;

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

4) information about the founders;

5) document confirming payment of state duty;

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

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

8) when a public association uses a citizen’s personal name, 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.

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

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

For the body making the decision on registration, the goals of creating a public association (the so-called statutory goals), which are indicated in the application, are also important. In this case, the goals of the association specified in the application must fully correspond with the goals enshrined in the charter of the public association.

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

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

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

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

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

5) the procedure for making changes and additions to the charter of the public association;

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

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

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

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

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

In the case of a public association using a citizen’s personal name, symbols protected by Russian legislation on the protection of intellectual property or copyright, as well as full name another legal entity as part of its own name, the body making the decision on state registration of such an association will require an additional document confirming the authority of the association to use such products. A document confirming the authority of a public association to use the names of government and public figures in its name is a decision on this issue by the relevant executive authorities of the Russian Federation at the location of the permanent governing body of the association. A document confirming the authority of a public association to use symbols protected by Russian legislation on the protection of intellectual property may be a registration certificate of the State Patent Office of the Russian Federation, a decision of a judicial authority or another document of title.

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

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

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

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

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

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

2) availability of a complete list of constituent documents required by law;

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

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

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

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

To implement the assigned tasks, the bodies making the decision to register a public association, if necessary, have the right (clause 2.2. Order of the Ministry of Justice of the Russian Federation of March 25, 2003 N 68):

1) receive for review from the association applying for state registration original copies of constituent documents and other materials;

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

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

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

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

After one month has passed from the moment the documents are accepted, the body of the Federal Registration Service is obliged to make either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

A decision to refuse state registration of an association can only be made in accordance with strict legal regulations, which are contained in Article 23 of the Law on Public Associations. According to its content, the grounds for refusal are the following situations:

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

2) if an incomplete list of documents required for state registration determined by the Federal Law “On Public Associations” is provided, or these documents are executed in an inappropriate manner or submitted to an inappropriate body;

3) if the person who acted as the founder of the public association cannot be a founder;

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

5) if it is established that in the submitted constituent documents contains false information;

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

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

Refusal of state registration of a public association based on the inexpediency of its creation, as well as for other reasons not specified in the list, is not allowed.

Refusal to state registration of a public association is formalized in the form of a conclusion approved by an authorized person of the Ministry of Justice of the Russian Federation or its territorial body. No later than one month from the date of adoption of the relevant conclusion, the applicants are informed about this in writing, indicating the specific provisions of the legislation of the Russian Federation, the violation of which entailed the refusal of state registration of this association.

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

If the procedural actions of the body of the Federal Registration Service for checking documents do not reveal any violations, the latter, within thirty days from the date the applicant submits the documents, makes a decision on the state registration of the public association.

Based on said decision and the submitted information and documents, the authorized registration body, within no more than five working days from the date of receipt of this information and documents, makes a corresponding entry in the Unified State Register of Legal Entities and no later than the working day following the day of making such an entry, notifies the body that made the decision on this. state registration of a public association.

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

Basic provisions on public organizations

Founders and charter public organization

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

Features of management in a public organization

Concept and basic provisions about public organization

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

Article 123 4. Basic provisions on public organizations

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

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

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

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

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

Commentary on Article 123 4 of the Civil Code

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

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

voluntariness;

self-governance;

non-commercial nature;

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

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

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

Self-control means the autonomous, independent functioning of an organization and the determination of its statutory goals by the free choice of its founders.

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

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

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

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

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

Only individuals can now be founders of a public organization.

Founders and charter of a public organization

Law No. 99-FZ dated 05.05.2014 introduces an article on the requirements for founders and the content of the charter of public organizations:

Article 123 5. Founders and charter of a public organization

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

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

Commentary on Article 123 5 of the Civil Code

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

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

Restrictions may be specifically provided for by law. For example, in accordance with Article 2 of Law No. 10-FZ “On trade unions, their rights and guarantees of activity,” individuals who have reached the age of 14 and are engaged in labor (professional) activities have the right to join a trade union. Citizens of the Russian Federation living outside its territory can be members of Russian trade unions. Foreign citizens and stateless persons living on the territory of the Russian Federation may be members of Russian trade unions, except for cases established by federal laws or international treaties of the Russian Federation.

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

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

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

The name of a public organization must indicate the nature of their activities.

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

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

Law No. 99-FZ dated 05.05.2014 introduces an article on the rights and obligations of a participant (member) of a public organization:

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

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

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

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

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

Commentary on Article 123 6 of the Civil Code

Public organizations are created on the initiative of their founders. The founders “automatically”, i.e. simultaneously from the moment of creation of the organization, they become their members (participants), acquiring the corresponding status.

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

Management in a public organization

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

Article 123 7. Features of management in a public organization

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

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

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

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How to open a non-profit organization step by step

In the past, state registration issues were handled by a separate service (the Federal Reserve System). But later it was abolished, and the fictions were transferred directly to the Ministry of Justice. As a result, certain changes occurred in the procedure:

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

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

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

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

What is needed to open

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

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

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

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

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

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

Only after all the above preliminary procedures You can start collecting the required documents.

NPO forms

Religious or social organizations. They are associations of citizens holding common views and worldviews. Their task is to satisfy non-material needs.

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

charitable;
social;
cultural;
educational, etc.

It is also worth mentioning non-profit partnership. This form of NPO is membership based. It can be established by both citizens and legal entities. The main task is to assist all members of the organization in achieving various goals that are significant to society.

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

socio-cultural;
managerial.

It is also worth mentioning the autonomous NPO. An organization of this kind has no membership and is created to provide the following services:

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

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

Cossack society. This is another form of civil organization that acts to provide:

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

Communities of indigenous small nationalities of the Russian Federation.

A specific form of organization that unites individuals according to the following characteristics:

related;
territorial neighbor.

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

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

branch;
separate division.

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

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

Required documents

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

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

The application must indicate full names founders, their home addresses and contact phone numbers.

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

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

Deadlines for review and submission of documents

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

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

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

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

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

What documents do government agencies issue?

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

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

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

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

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

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

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

Social relations of citizens are regulated by the current legislation of the Russian Federation, and when exercising the rights of citizens to associate, create, liquidate and (or) reorganize public associations, there are certain conditions determined by law. This plethora of legislation is difficult to navigate without a consultant. But you have already taken the first step - the desire to unite with others to make our lives a little better.

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

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

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

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

1. Public organization.
2. Social movement.
3. Public fund.
4. Public institution.
5. Public initiative body.
6. Non-profit partnership.
7. Establishment.
8. Autonomous non-profit organization.
9. Foundation.
10. Association (union).
11. Religious organization.
12. Homeowners' Association.
13. Consumer society.
14. Union of Consumer Societies.
15. Consumer cooperative.
16. Agricultural cooperative.
17. Union of Agricultural Cooperatives.
18. Trade union.

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

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

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

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

Article 117. Public and religious organizations (associations);

Article 118. Funds;

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

Article 120. Institutions.

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

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

The liquidation of public associations by the Supreme Court of the Russian Federation is carried out on the basis of Art.

29 and 52 of the Federal Law “On Public Associations”. This means that associations are liquidated not only as having failed to undergo state re-registration within the prescribed period (Article 52 of the Federal Law), but also as not fulfilling the requirements of Art. 29 of the Law on the annual submission to the registration body of information on the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the managers in the amount of information included in the unified state register of legal entities. Part 2 Art. 29 of the said Federal Law indicates that failure to provide updated information for inclusion in the unified state register within 3 years entails the body that registered the association filing a lawsuit with a claim to recognize this association as having ceased its activities as a legal entity and to exclude it from the unified state register of legal entities.

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

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

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

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

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

Members of a public association have rights and bear responsibilities in accordance with the requirements of the norms of the charter of the public association and, in case of failure to comply with these requirements, may be expelled from the public association in the manner specified in the charter.

Participants of a public association are individuals and legal entities - public associations that have expressed support for the goals of this association and (or) its specific shares, taking part in its activities without necessarily formalizing the conditions of their participation, unless otherwise provided by the charter. Participants of a public association - individuals and legal entities - have equal rights and bear equal responsibilities.

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

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

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

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

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

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

Basic cost of registration of public associations

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

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

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

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

Additional services provided during registration of public associations

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

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

The law in question applies to all public associations, with the exception of religious organizations, as well as commercial organizations and non-profit unions (associations) created by them (Part 1, Article 2). In relation to this legal norm, one can ask questions about the appropriateness or inappropriateness of these exceptions, but the first problem that arises in connection with the implementation of this law is, in our opinion, that the law, without any significant exceptions, applies to the activities of all created public associations on the territory of the Russian Federation of their structural divisions: organizations, branches, branches, and representative offices, including representative offices of foreign non-profit non-governmental associations (Part 2 of Article 2).”

The essence of the problem is that a public association, having gone through all the bureaucratic obstacles and obstacles of its creation at the federal level, in fact must go through all these bureaucratic procedures and quibbles also at the regional level in each subject of the federation when creating either a regional organization or a branch there , either a branch or representative office. The law does not specify or differentiate all these forms of internal divisions of a public association. The law only specifies that the registration procedure for all these divisions in the regions is the same as at the federal level (with minor simplifications, as noted below).

The founders and members of a public association can be individuals (at least three) and legal entities - public associations (other legal entities - government bodies and institutions, enterprises and other commercial organizations cannot establish public associations). A newly created public association must first of all convene a founding congress (conference) or general meeting, at which a decision should be made on the creation of the association itself and on the registration of its charter, and the formation of its governing and control and audit bodies. The operative part of the resolution of the congress (conference) should therefore look something like this:

"1. Create a public organization “Society of Wildlife Lovers “Green Planet”;

2. Approve the Charter of the public association “Society of Wildlife Lovers “Green Planet”.

It is wiser to adopt resolutions on the formation of governing and control and audit bodies of a public association separately.

From the moment such decisions are made, the association is considered created (Article 6, 18).

It is necessary to determine the organizational and legal form of a public association taking into account its goals and objectives. When choosing an organizational and legal form, it is necessary to take into account that current legislation allows the creation of public associations - legal entities only in those forms that are directly provided for by law. To simplify the selection procedure, you need to answer two questions:

1. Will your public association be based on membership, and if so, will legal entities or individuals be members of the association, or both.

2. Who will be the founder of the association.

Public associations can be created in one of the following organizational and legal forms:

1. Public organization. A public association based on membership, created on the basis of joint activities to protect common interests and achieve statutory goals. Members of the organization can be individuals and legal entities (this provision is indicated in one of the clauses of the charter). The highest governing body is the congress (conference). A permanent governing body is an elected collegial body reporting to the congress (conference). Such a body exercises the rights of a legal entity on behalf of a public organization and performs its duties in accordance with the charter. The owners of the property are public organizations that have the rights of a legal entity. Each individual member does not have ownership rights to a share of this property. Structural divisions (departments) operating on the basis of a single charter of the organization have the right to operationally manage the property assigned to them. In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property is the union (association). Territorial organizations that are part of the union (association) as independent entities are the owners of the property belonging to them.;

2. Social movement. Public association, massive, consisting of participants and without membership, pursuing social, political and other socially beneficial goals supported by participants in the movement. The highest governing body is a congress (conference) or general meeting. A permanent governing body is an elected collegial body reporting to a congress (conference) or general meeting. Such a body exercises the rights of a legal entity on behalf of the social movement and performs its duties in accordance with the charter. On behalf of the social movement, the rights of the owner of property entering the social movement, as well as created and (or) acquired by it at its own expense, are exercised by its permanent governing bodies specified in the charter.;

3. Community Fund. A public association that does not have a membership and is engaged in the formation of property on the basis of voluntary contributions, other not prohibited income and its use for socially useful purposes. Such property is not the property of the founder or property manager of such a fund. The governing body is formed by the founders and (or) participants, either by decision of the founders, or by election by participants at a congress (conference) or general meeting. On behalf of the public fund, the rights of the property owner are exercised by its permanent governing bodies specified in the charter;

4. Public institution. A public association that does not have a membership and is engaged in the provision of a specific type of service that meets its statutory goals. Management is carried out by persons appointed by the founder(s). A public institution created and financed by the owner (owners) exercises the right of operational management in relation to the property assigned to it. A public institution receives property with the right of operational management from the founder (founders). In relation to such property, a public institution exercises the rights of ownership, use and disposal within the limits established by law, in accordance with its statutory purposes. A public institution does not have the right to alienate or otherwise dispose of the property assigned to it without the written permission of the owner.;

5. A public initiative body. A public association that does not have a membership and is engaged in the joint solution of various social problems that arise among citizens at their place of residence, work or study, aimed at meeting the needs of an unlimited number of people whose interests are related to the achievement of statutory goals. Such an association is formed on the initiative of citizens interested in solving these problems, and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders. The body of public initiative does not have higher bodies and organizations above it. The subject of property rights in a public initiative body is the public initiative body itself, to which, after its state registration, the rights of a legal entity are assigned.

The specified list of organizational and legal forms is exhaustive and is not subject to broad interpretation. But at the same time, the same article of the law introduces the concepts of political public associations: political organizations, political parties and political movements, organizational - legal forms of which the law defines the same public organization (for a political organization, including a political party) and a social movement (for a political movement) (Part 2 of Article 7). The question arises: why was such a confusion of concepts established?

Practice answers this question with numerous quibbles of officials at various levels in the sense that various kinds of prohibitions are arbitrarily established on the names of certain associations as a political organization or a political party, or a political movement, and this is justified by the fact that the law provides only for such organizational and legal forms, such as public organizations or social movements. And such quibbles from formal ones very quickly turn into fundamental ones, preventing the registration of such political associations and their structural divisions, in particular at the regional level, for which state registration is mandatory.

The official name of a public association must contain an indication of its organizational and legal form and the territorial scope of its activities.

Depending on the territorial scope of activity, Russian public associations are divided into:

- all-Russian that have their own structural units (organizations, branches, departments and representative offices) and thus carry out their activities in the territories of more than half of the constituent entities of the Russian Federation,

- interregional, having their own divisions and operating in the territories of less than half of the constituent entities of the Russian Federation,

- regional, whose activities are carried out within the territory of one subject of the Russian Federation and

- local operating within the territory of a local government body (Article 14).

An all-Russian public association may, without special permission, use in its name the names “Russia” or “Russian Federation”, or corresponding phrases. The personal name of a citizen may be used in the name of an association only with the written consent of him or his legal representatives. The name should not offend the morality, national and religious feelings of citizens.

The symbols of public associations should not coincide with any state symbols and violate anyone’s intellectual property rights.

Another problem that needs to be thought about before state registration is how the organization’s activities will be described in the charter. Unlike commercial structures, which may have civil rights and bear civil responsibilities necessary to carry out any type of activity not prohibited by law, public associations may have civil rights only corresponding to the goals of the activity provided for in their constituent documents, and bear the associated obligations. activity duties.

Of utmost importance for registering and other government officials, among other things, is the requirement of the newly introduced Article 12.1. the law that the charter of a political public association should include among the main goals participation in the political life of society through influencing the formation of the political will of citizens, participation in elections to state authorities and local governments through the nomination of candidates and the organization of their election campaigning, participation in the organization and activities of these bodies (Part 1, Article 12.1.). In the absence of such an indication in the charter, a political organization will not be allowed to participate in elections: the election commission will refuse to register candidates for elective positions nominated by this organization, as well as registration of the organization itself (in the case of voting according to lists of electoral associations, blocs and political parties ).

Citizens who want to create a political public association and participate in future elections are at great risk if they dare to in any way change the above wording of the law or exclude something from it.

The problem is that, on the one hand, the law guarantees the right of citizens to create public associations of their own choice without prior permission from state authorities, but, on the other hand, it makes state registration conditional on the acquisition by this association of the right of a legal entity (part. 3.4 art. 3).

In practice, this guarantee means “ clean water» fiction, since not a single such public association can function normally without being legal entity: it will not be able to open its own bank account, will not be able to rent premises, etc. etc., therefore it is forced to seek state registration.

The legal capacity of a public association as a legal entity arises only from the moment of state registration of this association (Part 4 of Article 18).

A political public association is subject to mandatory state registration (Part 2 of Article 21).

State registration of all-Russian and international public associations is carried out by the Ministry of Justice of the Russian Federation, interregional - by the justice body at the location of its permanent governing body, regional and local - by the justice authority of the corresponding subject of the Russian Federation (parts 3, 4, 5 of Article 21) .

From the moment of emergence of legal capacity, state registration as a legal entity, the law directly states that in order to achieve its statutory goals, a public association has the right:

a) freely disseminate information about their activities;

b) participate in the development of decisions of state authorities and local governments in the manner and extent provided for by current legislation;

c) hold meetings, rallies, demonstrations, processions and pickets;

d) establish funds mass media and carry out publishing activities;

e) represent and defend their rights, the legitimate interests of their members and participants, as well as other citizens in government bodies, local governments and public associations;

f) take initiatives on various issues public life, make proposals to government bodies;

g) participate in election campaigns in accordance with federal laws and laws of constituent entities of the Russian Federation on elections;

h) nominate candidates (lists of candidates) during elections to state authorities and local government bodies (in the case of state registration of a public association as a political public association).

Along with the above rights, a public association bears certain responsibilities, including:

a) compliance with the legislation of the Russian Federation, generally recognized principles and norms international law relating to the scope of its activities, as well as the rules provided for by its charter and other constituent documents;

b) annually publish a report on the use of your property or ensure accessibility of the said report;

c) annually inform the body registering public associations about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association in the amount of information included in the unified state register of legal entities;

d) submit, at the request of the body registering public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on their activities to the extent of the information submitted to the tax authorities;

e) admit representatives of the body registering public associations to events held by the public association;

f) provide assistance to representatives of the body registering public associations in familiarizing themselves with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation.

Failure to fulfill the above obligations gives grounds for the body registering public associations to issue a written warning to the governing bodies of the public association, indicating the specific grounds for such a warning.

General supervision over compliance with laws by public organizations is carried out by the Prosecutor's Office of the Russian Federation. In general, control over compliance by a public association existing standards and standards can be carried out by various government supervision and control bodies (fire departments, environmental departments and others).

In public associations, the dependence of the status of public associations on their territorial sphere of activity has been established. Mandatory indication of the territorial scope of activity public association must contain in the name of the organization. There are four territorial types of public associations:

All-Russian public association can carry out its activities in the territories of more than half of the constituent entities of the Russian Federation and has its own structural units there - organizations, branches or branches and representative offices. Currently, the Russian Federation includes 85 constituent entities. Absence required quantity structural divisions is a violation and may lead to the liquidation of the public association. Inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
Interregional public association operates in the territories of less than half of the constituent entities of the Russian Federation and has its own structural units there - organizations, branches or branches and representative offices. To obtain this status it is enough to have branches in at least 2 constituent entities of the Russian Federation. Interregional public associations have a special structure, which, as a rule, consists of regional and local branches.
Regional public association, the activities of such an association in accordance with its statutory goals are carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the name of the organization suggests, operates in Moscow.
Local public association operates within the territory of only one local government body. For example, the Local Public District Organization of Motorists Losinoostrovskaya operates on the territory of the intra-city municipality of Losinoostrovskoye in Moscow.

Branches has the right to acquire the rights of a legal entity and also has the right to carry out activities on the basis of its charters, registered in the prescribed manner. At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the possibility of a regional branch to become an independent legal entity that leads to the fact that when creating a regional branch, it must have at least three members- representatives of this region. Since a public association is created on the initiative of the founders - at least three individuals and (or) public associations.