Registration of NPO. How to independently undergo state registration of an NPO: detailed instructions. What you need to know about state duty

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

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

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

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

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

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

Establishment and documents for state registration of NPOs

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

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

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

Composition of documentation submitted for registration

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

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

Decision to establish an NPO

The decision to establish can be expressed in different forms:

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

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

Constituent documents of the NPO

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

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

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

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

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

Requirements for the name of an NPO

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

non-commercial partnership;

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

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

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

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

List of NPO founders

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ANO and NKO are abbreviations for "autonomous non-profit organization" and "non-profit organization". Institutions are created on based on voluntary donations from participants and without the desire to make a profit from work activities.

However, according to the legislation of the Russian Federation, NPOs have the right to engage in entrepreneurship to achieve the goals set by the organization.

Basic goals

For autonomous non-profit organizations and non-profit organizations, the factor of independence is important, providing the organization with the opportunity to be open and impartial. This is especially true for independent media and charities.

I can pursue non-profit associations following goals:

charitable;
cultural;
political;
scientific;
environmental;
educational;
the goal of protecting the rights and interests of citizens;
and others.

Exist special practices and precautions, aimed at protecting the organization from pressure from stakeholders and sponsors. The charter of an NPO may prescribe provisions that guarantee the observance of order within the enterprise and the transparency of the flow of financial resources.

Opportunities and features of activity

Associations may engage in one or more types of activities not prohibited by country law. The type of occupation must correspond to the goals of creating the NPO as specified in the constituent documents.

The final list of all types of initiatives from the association is determined by the constituent documents.

In Russia, any activity of non-profit organizations is restrained by the “Law on Foreign Agents” No. 121-FZ, which came into force in 2012, and the “Law on the Register of Undesirable Organizations”, signed in 2015. Any international or foreign non-profit non-governmental organization can be recognized as such. accepted by the state apparatus as a threat to the constitutional order of the Russian Federation.

The period for which administrative punishment is possible in cases of “foreign agents” is 4 years. The legislation of the Russian Federation may impose restrictions on the type of activity of a non-profit association. Some activities require a special license.

Types of NPOs

One type of non-profit organization is autonomous non-profit organization. All benefits transferred to the ANO become its property. The founders and founders do not retain the right to the property of a non-profit organization and are not responsible for its obligations.

There are a huge number of other types of NPOs. Some of them can be highlighted:

institutions;
public gatherings;
religious associations;
consumer cooperatives;
funds;
associations and unions of companies and organizations.

Institutions- the type of NPO necessary to carry out social, cultural or managerial functions. The owner of an NPO of this type has the opportunity to finance the organization in whole or in part, while at the same time managing its property.

The owner can be an individual or legal entity, a subject or entity of the Russian Federation, or the federation itself.

Public association is an organization consisting of voluntarily united citizens based on common interests who want to satisfy the needs of their group. An association can carry out activities solely within the framework of achieving the goal of its creation, and look like a social movement, organization, public foundation or institution. They are created on the initiative of at least three individuals or legal entities.

Religious associations are structured in the same way as public ones. They are created for joint performance of religious rites, religious education or preaching of their teachings. Constitutionally, any religious associations are separated from government bodies and are equal before the law.

An association consisting of at least a dozen adult participants living in the same area has the right to be recognized as a local religious organization. Religious associations have tax benefits.

Consumer cooperative is an association consisting of individuals and legal entities who join an organization to satisfy their needs for necessary services and goods. Satisfaction of needs is achieved by summing up the total voluntary share contributions.

Fund- a type of NPO based on voluntary contributions from participants who have cultural, charitable, educational, social and other goals beneficial to society.

Property transferred into the ownership of the foundation is assigned to it. Members of NPOs can be both citizens and companies.

Information on whether it is necessary to create an NPO is in this video.

Names of non-profit organizations

Any organization needs its own. An incorrect name for a non-profit organization may result in denial of registration.

The name of the NPO must consist of two parts: naming and indication of the type of association. For example, the name of the cooperative must contain an indication of its main occupation and words like “consumer union”, “cooperative”, “consumer society”.

An example of such names are “Credit consumer cooperative” or “Housing savings cooperative”.

Changing the name of an NPO is required by law and requires registration with a government agency. All innovations must be reflected in the constituent documents and papers contained in the Federal Tax Service.

The changes involve the destruction of the old round seal of the NPO and the creation of a new one. When changing the name, the organization must notify Rosstat, the Funds, the bank with the NPO, partners and the client base.

List of documents for registration with samples in 2018

For a foundation, public organization, partnership, autonomous non-profit organization and private institution, a charter must be prepared, confirmed by the founders and members of the organization.

To create a union, in addition to the charter, a constituent agreement between the participants of the organization is required. An institution needs a charter and a decision to open an institution from the owner of the organization.

The constituent documents must necessarily contain the following information:

name of the non-profit organization indicating the type of employment;
the purpose of opening and further activities;
management procedure;
data on representative offices and branches of NPOs;
responsibilities and rights of organization participants;
data on the conditions of admission and exit from the NPO;
sources of property and data on required use;
all information about changes in the constituent documents;
additional legal provisions.

A sample charter of a specific type of non-profit organization can be found on the official NPO portal www.portal-nko.ru.

List of required papers for registration with the Authorized Body:

application form No. RN0001;
articles of association and, if any, articles of association;
protocol on the creation of NPOs;
receipt of payment of state duty;
confirmation of legal address;
in the case of a foreign founder - a document confirming his legal status;
if intellectual property is used in the name or symbols of the NPO - a document on the right to use it.

Exact information about the required documents should be clarified with the registration authority.

Creation process and timing

First of all, the creators must approve and register the NPO by submitting a package of papers to the Authorized Body. The necessary documents are submitted within three months from the date of the decision to approve the organization.

After 14 or 30 working days, the Authorized Body makes a decision on state registration of the organization or refusal. Upon confirmation of registration, the institution sends the papers to the regulatory authority to enter information from the Federal Tax Service.

After a working week, the regulatory agency enters data on the NPO and reports this to the Authorized Body. He accepts the information and within three days issues the founders of the organization a document on state registration of the NPO.

You can register yourself or with the help of a law office. Some companies offer turnkey registration services for a fee, usually including government fees.

Changes in constituent documentation

Any changes to the constituent documents should be registered in the same manner as during state registration of the opening of an NPO. For registration of changes in constituent documents, a fee is provided in the amount of about 800 rubles.

The package of papers must contain the signature of the organization’s founder or notary. To record changes in the documentation, the following should be provided in bound and numbered form:

state registration data;
the decision to make changes to the documentation and the changes themselves;
information about payment of state duty.

FAQ

How is liquidation carried out? After the decision to liquidate an NPO, the founders must notify the government agency about this and submit a package of documents to the Office of the Federal Registration Service.

After a few months, the institution will review the application and issue confirmation of recording the liquidation. Next, you need to publish information about the liquidation of the NPO in the media and notify creditors.

Liquidation can be carried out for several reasons:

By decision of the founders or management of the organization.
After the expiration of the period for which the NPO was created.
After achieving the goals of creating an organization.
By the tribunal's decision.

The Fund can be liquidated only after a corresponding court order.

Can the name of an NPO be used by a commercial organization? When naming an organization, you must use the following scheme: individual designation + indication of the type of organization. Consequently, the same names of non-profit and commercial organizations are excluded.

In addition, complete duplication of facilities located within the boundaries of the city of Moscow is unacceptable.

Can a non-profit organization be the founder of an LLC? Maybe this is provided for by law. However, an NPO can only carry out activities that are aimed at achieving the goals of its creation. In this case, two enterprises keep records and pay tax contributions independently of each other.

A webinar on how to open an NPO is presented below.

Not all entrepreneurs have the ultimate goal of making a profit. There is also social entrepreneurship, which deals with phenomena that have nothing to do with buying and selling. In order for such an organization to receive the status of a legal entity, its organizational and legal form must be correctly determined, and the most acceptable option would be an NPO - a non-profit organization.

Today, the activities of non-profit structures are regulated in sufficient detail by the state. Before registering an NPO, founders should make sure that their goals and objectives do not contradict the requirements established by the government.

We will determine the features of the functioning of NPOs and the legally justified conditions for their existence. After this, it will be possible to carry out the state registration of this form of legal entity step by step.

What is an NPO

NPO stands for "non-profit organization". This means that its primary task is not material earnings and its distribution among the founders, although the law does not prohibit engaging in business to achieve planned goals. What distinguishes NPOs from commercial structures is their primary goal- achievement of one or another public good.

To the tasks of NPOs questions may include:

social nature;
charity;
cultural sphere;
environmental protection;
public health;
training and scientific activities;
sports industry;
spiritual needs of people;
protecting the interests and rights of different categories of the population, including legal ones;
mediation in conflicts.

FOR YOUR INFORMATION! The state regulates the activities of NPOs in Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”.

Defining features of an NPO:

profit is not the purpose of the legal entity’s activities;
funds are not distributed among the founders;
The scope of activity formulated in the Charter relates to the field of social protection, culture, sports science and other public goods.

Nuances of the functioning of NPOs

NPOs differ from commercial structures not only in their “non-monetary” focus, but also in their subordination - their registration is in charge of the Ministry of Justice, and not the tax inspectorates. And it is much more demanding and severe in relation to the consideration of applications and registration.

A non-profit organization is considered created as soon as it has passed the state registration procedure. From this moment on, it has the right to function indefinitely, unless otherwise provided by its constituent documentation.
Legal entities-NPOs can engage in one or several types of regulated activities, which must be reflected in the Charter.
Although this type of legal entity does not relate to commerce, good deeds also require finance, so NPOs must have their own capital, compiled.
Some types of NPO activities require a license.
This kind of organization, unfortunately, can be subject to pressure, against the possibility of which the state has developed a number of precautions. These measures are aimed, first of all, at the transparency of cash flows of NPOs, since unscrupulous investors can also take advantage of them.

NOTE! If a foreign structure decides to create such an organization, the state must check it for a possible threat to national security and the Constitution of the Russian Federation: this is stated in the “Law on Foreign Agents” of June 18, 2016 No. 121-FZ and the “Law on the Register of Undesirable Organizations” of May 23, 2015 year No. 129-FZ.

Types of non-profit organizations

The Ministry of Justice of the Russian Federation divides non-profit structures into 4 main groups:

Public associations– voluntary consolidation of citizens (at least 3 people or legal entities) based on common goals, interests and needs.
Political parties– associations that aim to take part in the exercise of power in the state through their authorized representatives.
Religious organizations – the same as public associations, but with other declared goals - preaching. Education in the appropriate spirit, joint performance of rituals. For this purpose, at least 10 people united geographically can create an NPO. The state provides tax benefits for such organizations.
Other NPOs:
- foundations – organizations that collect and distribute voluntarily donated funds for specific purposes;
- cooperatives are associations designed to solve the needs of their members for goods and services through voluntary contributions on shares;
- ANO are autonomous non-profit organizations (their founders do not have the right to the property of a legal entity and are not responsible for its obligations);
- institution - the owner (individual, legal entity, subject of the Russian Federation or the federation itself) finances the organization and manages its property in whole or in part;
- partnerships, unions, associations and other organizational and legal forms (OPF).

The main difficulty in registering an NPO is precisely in determining the scope of activity. When choosing an OPF, you need to consider many important points regarding:

regulation of relations between participants and founders;
mutual responsibility;
ownership of NPO property;
opportunities and rules for doing business;
the need to obtain a license;
subordination to federal laws of the first order (for example, a private educational institution by its Charter should not contradict the Law on Education).

IMPORTANT! At the registration stage, you need to take the choice of public fund very seriously, since re-registration can be more expensive in terms of finances and time than registering the optimal form of NPO activity.

What to name an NPO

The law obliges NPOs to be named using two components:

proper name;
indications of his OPF.

For example: consumer society "Gidrostroitel", charitable foundation "Saving Hearts", religious organization "Seventh-day Adventists", etc. Incorrect wording can do a disservice during registration.

If in the process of operation it is decided to rename the NPO or change its OPF, it will be necessary to register these changes by state procedure. This is a rather labor-intensive process that involves making changes to all constituent documents, destroying the seal and making a new one, notifying all counterparties, the bank, statistical authorities, and social funds.

BE CAREFUL! When formulating the name of an NPO, check whether an organization with that name is already registered - this will also be grounds for refusal of registration.

Since the name of an NPO must clearly indicate the type of activity, overlaps with the names of commercial organizations are excluded.

After registration, the NPO will have the exclusive right to use the name.

Who has the right and does not have the right to become a member of an NPO

The law allows the establishment of NPOs by individuals and legal entities, citizens of the Russian Federation and foreigners, as well as stateless persons. There can be one founder (except for forms of associations, partnerships, unions), or there can be as many of them as desired; the law does not limit the number.

The following categories of legal entities or individuals are prohibited from becoming founders or participants or members of NPOs:

foreign persona non grata;
persons from the list of countering the financing of terrorism or money laundering (clause 2, article 6 of Federal Law No. 134);
associations whose activities were suspended on the grounds of countering extremism;
persons convicted of signs of extremist activity;
incompetent citizens.

All about NPO registration

Before you begin preparing for this procedure, it is worth carefully studying all the state requirements for the wording of the Charter and the list of necessary documentation. Unlike the registration of commercial organizations, NPOs receive closer attention from the government in the person of the Ministry of Justice. Any inaccuracy may be a reason for refusal of registration, which means that everything will have to start from scratch, and even the state duty will not be refunded.

FOR YOUR INFORMATION! Many founders prefer to turn to specialized law firms, entrusting them with the complex and responsible procedure for registering an NPO. If you decide to do this yourself, you should carefully monitor each stage.

Step 1. Preparation of statutory documentation

Before registering a non-profit association, it must first be formally created. To do this, the founders gather at a general meeting and formulate and adopt the Charter. This can be done by the sole founder independently. The decision to create is documented in the minutes of the meeting. It is necessary to comply with the requirements for the Charter specified in the legislation, which indicate that it must contain the following data:

full name of the NPO;
nature of the activity and general public fund (you must indicate all types of activities that the organization intends to engage in);
legal address of the organization;
goal and tasks;
features of management policy;
rights and obligations of founders and members;
information about representative offices and branches (if any);
rules for admission and exit from the association;
features of changes in constituent documentation;
regulation of NPO ownership issues.

Step 2. Completing an application for registration

The application must be drawn up in form RN0001. The form must correctly indicate:

personal data of the applicant;
his contact details;
location.

To submit this application, it must be notarized.

Step 3. Payment of the state fee for registration

Recently, the amounts of this duty were changed by the Ministry of Justice based on changes to federal legislation. The current amounts of duties should be clarified in clause 25.3 of part two of the current edition of the Tax Code of the Russian Federation.

You can transfer these funds at any bank branch by making a non-cash payment. Details should be obtained from the Ministry of Justice of the Russian Federation (on its official website). The payment receipt must be copied and both copies must be presented when submitting documents.

IMPORTANT! Only the applicant must make the payment and appear on the receipt.

STEP 4. Collecting a package of documents

For subsequent submission to the registration authority, you need to prepare the following set of necessary papers:

constituent documentation - Charter, constituent agreement in 3 copies;
decision to create an NPO - minutes of the meeting of founders or a sole decision (if there is only one founder), 2 copies will be required;
passport details of the founders – 2 pcs.;
data on the territorial affiliation of the organization, confirmed by a lease agreement, letter of guarantee, certificate of ownership of real estate, etc.;
a receipt confirming payment of the state duty (original and copy);
certified application for state registration of an NPO (according to form RN0001) – 2 copies, both with a handwritten signature of the same person whose data appears on the state duty receipt.

FOR YOUR INFORMATION! Some forms of NPO will require additional documents, for example, if copyright is used in the name, you must provide proof of copyright ownership. And the foreign organizer will also have to present an extract from the Unified State Register of Legal Entities of his state about his legal status. Therefore, during preparation, you should once again clarify with the registration authority the list of necessary documentation: the Ministry of Justice has no right to require any documents beyond those listed.

STEP 5. Submitting an application to the registration authority

This step must be taken no later than 90 days after the first step. That is, the date on the minutes of the decision of the general meeting on the creation of an NPO. Expired protocols will not be accepted for registration.

The package of documents must be submitted to the territorial body of the Ministry of Justice of the Russian Federation in person or by mail with a list of investments. It is acceptable to entrust this matter to a law firm specializing in state registration.

Step 6. Waiting for a decision to be made

The time frame for consideration of an application by the Ministry of Justice differs from similar registration of commercial associations. The usual processing time for most NPO forms is 2 weeks. However, making a decision on registering political parties takes 30 days, and for religious organizations it can take six months if a religious expert examination is required.

Step 7. Tax registration

If the decision to register is positive, the newly created NPO is entered into the Unified State Register of Legal Entities by the Federal Tax Service. This will take approximately 7 working days. After entering the necessary information, the Federal Tax Service forwards information about the completion of registration to the relevant territorial body of the Ministry of Justice.

Step 8. Obtaining a certificate

Within 3 days after receiving confirmation from the Federal Tax Service, the Ministry of Justice is obliged to issue the applicant a document confirming state registration, containing:

name of the NPO;
legal address of the association;
individual state registration number.

The issuance of this paper means that from this moment the NPO is officially recognized as existing.

Possible reasons for refusal to register an NPO

The submitted documents in some part contradict the Constitution and/or legislation of the Russian Federation.
The applicant does not have the right to be the founder of an NPO in accordance with the Federal Law “On Commercial Organizations”.
An organization with this name has already been registered.
The name given to the NPO is offensive to moral, national, and religious feelings.
Incomplete package of documents.
Documents drawn up in violation of legal requirements.
Inaccurate information in the provided documentation.

Having eliminated the reason, you can resubmit the documents, but you will need to pay the state fee again or appeal the decision to refuse registration to a higher authority or in court.

For many citizens, information about what registration of a non-profit organization looks like is becoming increasingly relevant. The instructions with which you can open any non-profit organization are quite simple, but at the same time they are associated with some important nuances worthy of attention. Such information is important for the reason that many social tasks and other projects can be implemented using just this form of non-profit structure.

Non-profit organization: registration

A structure of this type should be understood as an organization whose activities are not focused on making a profit and do not imply the distribution of financial resources between its participants.

What can be considered as the main purpose of creation? The answer to this question has several facets:

Achieving educational, cultural, managerial, charitable and scientific goals;

Development of sports and physical culture;

Protecting the health of citizens;

Protection of legitimate interests and rights of both organizations and individuals;

Providing legal assistance;

Resolution of disputes and conflicts;

Any other goals aimed at achieving public goods.

Types of non-profit organizations

Before opening any organization that is not profit-oriented, you need to determine what exactly its future activities will be devoted to.

The list of organizational and legal forms that are permitted by Russian legislation will help you make the right decision. This:

Consumer cooperatives;

Institutions;

Associations of legal entities (unions and associations);

Religious and public associations.

It is important to study all of the above types of structures and make the right choice, since the procedure for registering non-profit organizations implies that all types of activities that will be carried out in the future are reflected in the charter.

General scheme of actions

Initially, it is worth noting that all actions aimed at creating a non-profit structure must comply with the requirements described in the administrative regulations of the Russian Federation.

The step-by-step registration of a non-profit organization is as follows:

Preparation of the necessary documents, their subsequent signing and;

Certification of an application for registration of a legal entity by a notary;

Providing collected and certified documentation to the local body of the Ministry of Justice of the Russian Federation;

After consideration, the registration authority makes a decision;

Registration with the tax office of the organization that was registered;

Obtaining documents that will serve as official confirmation of the state registration of the NPO.

The algorithm according to which state registration of non-profit organizations takes place makes it possible for both the head of a legal entity and the founder of the organization itself to act as an applicant.

More details about the deadlines

If you try to figure out how long you will have to wait for a decision from the registration authority, then it is initially worth noting that the number of days in this case directly depends on the type of organization.

If we are talking about a structure with a religious context, then the actual period will be determined only after the relevant state examination. As a result, you will have to wait either a month and 3 days, or twice as long. When it comes to registering public associations, the Ministry of Justice will take 33 days, but to found political organizations you need to wait three days less - 30.

If any other non-profit organization is created, registration will last 17 days.

It will also take time to register the new structure with the tax service. More specifically, from 2 to 4 weeks.

As for the general subsequent registration, it will be approximately 2 months. Moreover, this waiting period does not include the time that must be spent on preparing documentation.

Those who intend to register gardening, dacha, horticultural non-profit associations and consumer cooperatives can breathe a sigh of relief, since they will have to wait much less for the decision of the registration authority.

What documents need to be collected

This stage is one of the most important in the registration process. After all, if you do not submit all the papers required by the Ministry of Justice along with your application, you will have to start all over again.

First of all, you need to fill out an application for registration of a non-profit organization. Moreover, it must contain information about the persons who are the founders of the NPO. It must be drawn up carefully, taking into account the future structure of the association.

A well-formed charter is the next thing without which registration of non-profit organizations will not be carried out. The documents must also include a receipt confirming payment of the state fee.

It is worth remembering the need to provide a protocol for creating an NPO. An alternative would be a decision to approve the organization, which would need to specify which bodies were elected.

The last document that you cannot do without is confirmation of the place where the organization will be located. It can be in writing and provided by both the tenant and the owner, confirming the fact that both parties are willing to enter into a lease.

It is also worth paying attention to the fact that the set of papers described above is general. This means that, depending on the territorial scope of activity and the organizational and legal form, the set of documents may change.

What documents confirm state registration?

Anyone planning to create an NPO should understand exactly how one can confirm the fact that their organization operates legally.

So, in order to feel confident before any checks, you need to have the following documents:

A certificate confirming registration with the Federal Tax Service;

Correctly drawn up charter;

Notification that the organization is registered with extra-budgetary funds;

The registration certificate itself.

Those who are concerned about starting an activity should know that as soon as a positive decision has been made by the registration authority and all the necessary documents have been issued, you can safely be active within the chosen profile.

Working with finances

In addition to all the above steps, without which any non-profit organization cannot begin to exist, registration also indirectly implies opening a bank account. This must be done in order to easily make all the necessary calculations. At the same time, it is important to convey information about the account to representatives of the tax service and funds.

If you delay this step and fail to provide such information in a timely manner, you may face the need to pay a fine.

Don't forget about financial statements either. After registration, each non-profit organization is obliged to submit it to the tax authorities no later than the established deadlines. Everything here is as strict as in the case of entrepreneurs. Filing special reporting is no less important than accounting.

How changes are made to constituent documentation

It may happen that in the process of activity there is sometimes a need to make certain adjustments. Registration of changes in a non-profit organization has a specific algorithm that allows you to easily complete a similar task:

Statement;

The Charter presented in the new edition and the previous version;

A document confirming payment of the state duty;

A decision that specific changes will be made.

All of the above papers must be provided in two copies. In the case of the charter, you will need 3 copies. The payment order or payment receipt must be provided in the original. As for the application, it must be notarized. But the decision on changes needs to be formalized in the form of a protocol.

Within the framework of the topic: “Registration of non-profit organizations: step-by-step instructions,” it is necessary to touch upon such an issue as the reasons for changes in the charter. Adjustments become relevant due to the influence of various factors. Examples include changing an address or adding a new activity.

What you need to know about state duty

Whatever non-profit organization is created, registration of such a structure will always include the payment of a state fee, the amount of which may vary depending on the profile of the activity.

When creating an NGO, you will need 4,000 rubles, in the case of forming a political party, you need to prepare 2,000 rubles, and those who intend to register a public all-Russian organization of disabled people must pay one thousand.

If we are talking about changing the charter, then the payment will be 20% of the standard state duty, which is charged upon registration.

How to carry out liquidation

We should not exclude circumstances in which the activities of a particular organization become irrelevant and there is a need to neutralize it. In order for this procedure to be carried out correctly, accurate information is also necessary.

First of all, you need to inform the department of the Ministry of Justice, local branches of funds (social, pension) and, of course, the tax service about such a decision.

The next step will be to publish information about the closure of the organization in the media. Then the accountant draws up an interim balance sheet, reflects the presence of debtors, as well as debts, after which all current taxes are paid.

The final stage can be defined as paying off debt and working with creditors.

When all of the above steps are completed, the founders receive 2 months to prepare all the necessary documentation for liquidation.

Conclusion

If you carefully study all the existing requirements and carefully consider the collection of documents, you can easily both register a non-profit organization and liquidate it.

In other words, the legislation that is currently in force creates favorable conditions for such activities. And this is a very important point in the development of the social position of certain civil groups.

Unlike commercial organizations, non-profit organizations (NPOs) are not created for the purpose of making a profit. However, their conduct of business activities is not prohibited by law. In this case, the income received cannot be distributed among the participants, but is spent on achieving the set goal.

Such companies may engage in social programs, charity, educational and cultural activities, as well as providing advice to other citizens.

What organs do this?

Previously state registration was handled by the Federal Registration Service. However, her responsibilities were transferred Ministry of Justice. This led to the establishment of a new procedure for registering companies during creation, changing information in constituent documents, reorganization and liquidation.

The Ministry of Justice of the Russian Federation is opening domestic NPOs, as well as branches of foreign and international organizations that are non-governmental.

The territorial bodies that carry out the registration of local and regional associations are subordinate to this department.

To submit documents, you must personally appear at the Ministry of Justice or send a package of documentation by mail with a list of the contents and declared value. Organizations often use the services of specialized companies that take care of the entire procedure.

What needs to be done before creation?

The following important steps must be taken:

Selecting a name. An NPO must have a name that indicates the nature of its activities. Full or abbreviated names of federal bodies may not be used. The procedure for choosing a name is carried out in accordance with the regulatory legal acts of the constituent entities of the Russian Federation.
Legal address. The location of the company is determined by the place of its state registration by indicating the name of the municipality. The Unified State Register of Legal Entities indicates the legal address within the location of the NPO.
Selecting an activity. Such organizations are notable for the fact that they are divided into many varieties. This allows founders to choose the appropriate type of activity according to their purpose.
Deciding to create. The decision must be made unanimously by the founders. This applies to cases where a company is created by several persons. In addition, the charter, as well as the management bodies, must be approved by appropriate decision.

After completing these steps, you can begin collecting the necessary documentation.

You can learn the procedure for creating an NPO in the form of a fund from the following video:

Required documents

The provision of papers must be carried out after the decision to create has been made. In accordance with the law, it is necessary to prepare the following documents:

Notarized application in form RN0001. Full name, place of residence and telephone number are required.
Constituent documents, which may be a memorandum of association or articles of association.
Two copies of the creation decision. It is drawn up by a single founder, or the minutes of the constituent meeting are created by several participants.
Receipt confirming payment of the state duty.
Information about the location of the current body of the NPO. They can be a certificate of ownership, a lease agreement, a letter of guarantee, etc.

Some types of organizations must register with additional requirements for the submission of certain documentation.

Submission procedure and deadlines

The registration process takes quite a long time. It consists of the following steps:

A package of all necessary documents is collected.
It is submitted to the local department of the Ministry of Justice in person or by mail.
Entering NPOs into the Unified State Register, which is part of the procedure.
Registration with the local tax office.
Registration with the Pension Fund and the employment center.
Obtaining the permission necessary for making a seal.
Obtaining NPO status from the tax authorities.

This procedure is truly complex and requires compliance with all legal requirements. To avoid problems and save time, you should initially provide a well-executed package of documents. If difficulties arise with this, you can always turn to specialists. However, this will lead to additional financial costs.

The opening procedure takes no more than 33 days for public associations. Political parties are registered throughout 30 days. Other types of companies will no longer wait for confirmation 17 working days. However, these conditions do not apply to religious organizations. The times presented are maximum.

Price

The registration service has a price from 15,000 rubles depending on the type of activity and region. Before submitting documents, you must pay a state fee. Its size is 4,000 rubles.

Payment of the state fee can be made at any bank by bank transfer. Details can be obtained directly from the Ministry of Justice or visit the website of the regional office. You must keep the receipt and make a copy of it before submitting your application, presenting both copies.

You can save on the procedure by performing all the steps yourself. However, many citizens do not have enough time to collect and submit documents.

In addition, the papers must be completed correctly so that you do not have to re-submit the application and other information in the future. Therefore, for some individuals, it is more appropriate to contact companies that offer registration services. Clients can be confident that the process will be carried out correctly and without delays.

What documents do you need to obtain?

The Russian Ministry of Justice makes a decision on the creation of an NPO, and on its basis the tax authorities enter the relevant information into the register of legal entities. After the data is entered into the Unified State Register of Legal Entities, the founder will receive a certificate of state registration. From this moment on, the organization is recognized as a legally created entity and is registered with the tax office. The founder is issued a TIN - a certificate that confirms the implementation of this procedure.

After a positive decision on registration is made, the applicant will also be provided with codes from the statistics service. To receive them, you must submit the appropriate application, certificate, etc. If it is not the founder, but his representative, who applies to Rosstat, you must additionally present a power of attorney for this person. The document must be notarized.

A legal entity must also be registered with state extra-budgetary funds.

The creation of a non-profit organization becomes the basis for registration with the pension fund, social and health insurance funds. This is explained by the fact that the activities of NPOs involve hiring workers under labor and civil contracts.

The data is transferred directly by the Federal Tax Service or the Ministry of Justice to extra-budgetary funds, after which the legal entity receives the relevant registration documents.

Opening a bank account is not a mandatory requirement, but failure to do so may result in difficulties in carrying out activities.

This is explained by the fact that legal entities will have to make the necessary payments to each other in a non-cash manner. They may imply payment for goods, services, execution work, etc.

Once the founder has received all the necessary documents, you can begin to conduct business. At the same time, it is important to know your rights and obligations, as well as monitor changes in legislation, which will help you avoid problems.

Why can you get rejected?

The Russian Ministry of Justice has the right to request only those documents for registration that are established by federal legislation. The government agency thoroughly checks them for the absence of errors and the reliability of the information provided. Situations often arise when citizens make mistakes when entering some information or provide the wrong documentation.

If the documents submitted to the registration authority are not completed in proper order, the registration procedure will be suspended. It can be restored by eliminating identified violations. This can be done no later than three months from the date of receipt of the refusal. If the documents are not corrected within the prescribed period, the procedure for opening an NPO will be completely denied.

At the moment, citizens have the opportunity to change information; previously it was not available, and the applicant was immediately refused.

In addition to incorrect filling and registration, there are other reasons for refusal. It will follow if changes were made to the constituent documents by a person who does not have the authority to do so. Failure to comply with the deadlines for the procedure may also be a reason.

In case of refusal, the individual will receive a corresponding notification. It indicates the basis, which allows you to correct all mistakes made as soon as possible.

Reasons to entrust the process to specialists

As mentioned earlier, the procedure can be carried out by specialized companies. There are the following reasons to use their services:

collection of all necessary documentation is carried out quickly;
the information is checked for accuracy and absence of errors by a specialist;
the client will not have to participate in the procedure;
the process is carried out without delays within the pre-agreed time frame;
an individual has a high probability of a positive decision being made by the registration authorities;
after completing the procedure, all permitting documents will be received quickly;
low cost.

However, you should carefully select the company you are going to contact. She must have the appropriate documents and a good reputation. Otherwise, the application procedure may take a long time, or your application may be refused altogether.