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Legal briefing notes

Registration of non-profit organizations

Establishment of non-profit organizations

For over ten years, we have been helping with establishment of non-profit organizations. Unlike the registration of commercial legal entities, this work requires scrupulousness and in-depth knowledge of the legislation. Mistakes in this matter may cause additional costs for paying state fees, notary services, and most importantly, loss of time. Each social entrepreneur needs to choose the form of a legal entity. The most optimal solution is a non-profit organization. The state helps such companies. So for such organizations there are special support measures at all levels (regional, federal).

We specialize in registration of funds, public organizations, associations, unions, consumer cooperatives, associations of property owners, etc. The final choice of any non-profit organization of interest depends on the area of activity as well as the tasks and goals. But under all circumstances, such activities should be intended at achieving some social goals.

What documents do you need for registration of non-profit organization

During the registration of a non-profit organization, one of the first things that the supervisory authorities look at is the founding documents. The main founding document is the charter that should be signed by all the founders of the future association (organization). Information that should be included in this document:

  • Name of the organization,
  • clarifications on the nature of the activity,
  • legal address,
  • purpose of the organization
  • procedure of regulation of the activity,
  • responsibilities and rights of all partners,
  • information about all partner companies,
  • the conditions under which partners from non-profit organization will be accepted and excluded and the conditions under which adjustments will be made to the founding documents,
  • the origin of the amassing of the property, the sequence of its use.

Except for the technical mistakes that are made during the registration of the funds and other non-profit organizations, then most of the refusals of the Ministry of Justice are because of the errors in the founding documents. The charter is checked word for word by the regulatory authority, and it should be according to the legislation. That is why when registering a non-profit organization you may need professional legal assistance.

How to register non-profit organization

Registration of non-profit organizations is carried out by the Ministry of Justice of the Russian Federation. Only this authority decides whether to register a non-profit organization, including its establishment, transformation and liquidation. The Ministry of Justice also makes all the adjustments that relate to the founding documents of this type of organization. The list of documents:

  • 2 copies of the application;
  • 3 copies of the charter;
  • 2 copies of the protocol with a decision indicating permission to establish non-profit organization;
  • 2 copies of an extract with information about the founders;
  • receipt of payment of state fee and its copy;
  • information about the location of the organization and its contacts;
  • documents that confirm the intellectual property of the name of this organization;
  • if the partner is a foreigner, then a certificate from the register of foreign legal entities of the country where the participant is from is required;
  • an application with a request to include the non-profit organization in the register.

Registration of a non-profit organization may be carried out within 30 days. If not all documents were applied to the Ministry of Justice, it may refuse to register the organization, but the founder may bring about a change. You can apply for registration again after a refusal, but only after all the grounds for refusal were considered and corrected.

Reporting during the establishment of non-profit organizations and funds

You should pay attention to the fact that unlike any other legal entity, a non-profit organization, along with accounting, tax and statistical reporting, is required to apply so-called special reports. At least, the non-profit organization should publish annually information about the approved form and the continuation of work. The fulfilment of these responsibilities does not require deep knowledge and may be done independently. But for non-profit organizations whose annual income exceeds 3 million rubles or whose founders are foreign residents who receive income from international organizations is different. Such organizations should apply the reports on their work on the Internet. The preparation of such reports is really difficult without qualified personnel.

All legal services related to the establishment and registration of a non-profit organization can be provided by the Tsentralny Okrug Law Firm in Voronezh, Lipetsk, Kursk, Belgorod, Tambov, Moscow. We also specialize in providing services in relation to registration of changes in the founding documents and information about a non-profit organization.

Author is Irina Minakova

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