Charter of an NPO: where to get a standard form and how to develop your own. Procedure for registration of non-commercial and non-profit organizations and constituent documentation

Its organizers and leader must know everything about the main documents. The charter plays the main role. It must be written according to certain rules, including the most important information. NGOs rely on this document in their work on the chosen area of ​​social activity. Further in our article we will describe in detail what the charter of a non-profit organization is.

In 2017, the requirements for the charter of NPOs did not change. As before, it must reflect the information determined by Art. 52 of the Civil Code of the Russian Federation. Errors in the charter lead to the fact that the organization’s registration will be denied. Therefore, the preparation of the document is approached with the utmost seriousness.

The most important thing is to write down the goals for the implementation of which the NPO was created. You also need to specify the following:

1. Name of the organization. It is important to choose it so that it reflects. The name must also indicate the type of organization, for example a foundation.
2. Address. The exact location of the organization, all branches and divisions.
3. Goals of activity. All types of activities that the NPO plans to engage in are written down here. If an organization engages in activities that are not listed in, this will entail penalties from regulatory authorities, which you need to be aware of. If entrepreneurial activity is planned, it must be indicated what kind of business it is and that the income from it will be used to achieve the set goals.
4. The procedure for managing activities. The features of management are indicated: meeting, council, election of a chairman, board of trustees, etc. These management bodies will resolve the main issues that arise for NPOs in the course of their work.
5. Responsibilities and rights of participants. This includes rules for joining and leaving the organization. This point is important only for those organizations that require membership.
6. Indicate all sources of budgeting and acquisition. The method of using this property when closing the organization is also determined.

If entrepreneurial activity is planned, it must be indicated what kind of business it is and that the income from it will be used to achieve the set goals.

These points must be written down in the charter of every public organization. As for, this is also possible, but you need to follow the rules. The procedure for making changes is prescribed in advance. If this has not been done, changes can only be made through the courts.

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ANO registration services.

Please note that new requirements are currently being imposed on the charter of the autonomous non-profit organization.

The names of educational institutions must be brought into compliance with the new Federal Law on Education no later than January 1, 2016 -

Also, there are new requirements for the description of the logo in the charter.

We will be happy to help you. Our specialists will prepare a set of documents to bring (re-register) the charter of the autonomous non-profit organization in accordance with by law.

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U S T A V

Autonomous non-profit organization

2016 - 2017

1. GENERAL PROVISIONS

1.1.Autonomous non-profit organization __________________________________ (hereinafter referred to as the “Organization”) is a non-profit organization that does not have membership, created by the decision of the founders, on the basis of voluntary property contributions.

1.2. The organization carries out its activities in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law of the Russian Federation “On Non-Profit Organizations”, this Charter and other regulations governing the creation and activities of non-profit organizations on the territory of the Russian Federation.

1.3. The full name of the Organization in Russian is Autonomous Non-Profit Organization ___________________________, the abbreviated name of the Organization in Russian is _________________________.

The full name of the Organization in English is _____________________________.

1.4. The location of the Organization is determined by the location of the executive body: _________________________________________.

1.5. An organization acquires the rights of a legal entity from the moment of its state registration in the manner prescribed by law.

1.6. The organization owns separate property, is liable for its obligations with this property, can acquire and exercise property and non-property rights in its own name, bear responsibilities, and be a plaintiff and defendant in court.

1.7. The property transferred to the Organization by its founders is the property of the Organization. The founders do not retain rights to the property transferred by them to the ownership of this organization. The founders are not liable for the obligations of the created Organization, and it is not liable for the obligations of the founders.

1.8. The organization uses the property for the purposes specified in the Charter. The organization has the right to carry out business activities that are not prohibited by law and that correspond to the goals for which it was created. The organization, in the interests of achieving the goals provided for by this Charter, may create other organizations, as well as join associations and unions.

1.9. The organization has an independent balance sheet and has the right, in the prescribed manner, to open accounts, including foreign currency accounts, in banks and other credit institutions on the territory of the Russian Federation and abroad.

1.10. The organization has a round seal containing its full name in Russian. An organization has the right to have a stamp with its name, an emblem registered in the manner prescribed by law.

2. GOALS AND SCOPE OF THE ORGANIZATION’S ACTIVITIES

2.1. The main goal of the Organization is to provide services for organizing and conducting international festivals and other events aimed at the development of culture and art, as well as the formation and implementation of programs and projects in the field of art.

2.2. To achieve what is specified in clause 2.1. of this Charter goals The Organization carries out the following activities:

— organization and holding of cultural events of various forms and themes - international festivals, performances, shows, competitions, exhibitions, evenings;

— organizing and holding performances, concerts and other cultural, entertainment and exhibition events, including with the participation of professional groups, performers, authors;

— organizing and conducting conferences, lectures, seminars, master classes in the field of art;

— analytical and scientific information activities on issues related to the statutory purpose of the Organization;

— creation and organization of the work of creative groups, circles, studios, amateur associations, clubs of various interests and other club formations;

— organizing work to identify and develop talents in various fields of art;

— assistance in organizing work on local history, protection of historical, cultural and art monuments;

— meeting the needs of the population in the preservation and development of traditional folk art, amateur art, other amateur creative initiatives and socio-cultural activity of the population;

— development of modern forms of organizing cultural leisure, taking into account the needs of various social and age groups of the population;

— providing advisory, methodological, organizational and creative assistance in the preparation and conduct of cultural and leisure events;

— publishing activities in accordance with the procedure established by law;

— participation in the work of the media in accordance with the statutory purpose of the Organization;

— cooperation with Russian and foreign organizations on issues of statutory activities;

— international activities carried out by supporting international contacts and connections, concluding agreements with foreign organizations on issues of statutory activities.

2.3. The Organization may engage in certain types of activities, the list of which is determined by federal laws, only on the basis of a special permit (license).

3. PROPERTY AND BUSINESS ACTIVITIES OF THE ORGANIZATION

3.1. An organization may own buildings, structures, housing stock, land plots, equipment, inventory, funds in rubles and foreign currency, securities and other property.

3.2. The organization is liable for its obligations with its property, which, according to the legislation of the Russian Federation, can be foreclosed on.

3.3. The sources of formation of the Organization’s property in monetary and other forms are:

— regular and one-time income from the founders;

— voluntary property contributions and donations;

— revenue from the sale of goods, works, services;

— dividends (income, interest) received on shares, bonds, other securities and deposits;

— income received from the Organization’s property;

- other receipts not prohibited by law.

3.4. The property of the Organization is property acquired or transferred by citizens, enterprises, organizations, institutions, including cash, shares, other securities and intellectual property rights.

3.5. All property of the Organization, income from business activities are its property and cannot be transferred to the founders of the Organization. The organization owns, uses and disposes of its property in accordance with its purpose and only to fulfill its statutory purposes.

3.6. The founders of the Organization do not have the right of ownership to the property of the Organization, including that part of it that was formed through their contributions and donations.

3.7. Interested persons (members of the Council, President) are obliged to respect the interests of the Organization, primarily in relation to the goals of its activities and should not use the capabilities of the Organization or allow their use for other purposes not provided for in this Charter. Without the approval of the Council of the Organization, transactions cannot be made by interested parties if these persons are in labor relations with supplier organizations or citizens, are participants or creditors of these organizations, or are creditors of these citizens.

3.8. If the persons listed in clause 3.7. of this Charter, have an interest in a transaction to which the Organization is or intends to be a party, as well as in the event of another conflict of interests of the specified person and the Organization in relation to an existing or proposed transaction:

— they are obliged to inform the Organization’s Council of their interest before a decision is made to conclude a transaction;

— the transaction must be approved by the Council of the Organization.

3.9. A transaction completed by the persons listed in clause 3.7. of this Charter, in violation of the requirements set out in clause 3.8. of this Charter, at the request of the Organization may be declared invalid by the court on the grounds provided for by law. The interested party is liable to the Organization for losses caused to it in the amount and manner established by law.

3.10. The foreign economic and international activities of the Organization are carried out to achieve the goals defined by this Charter and in the manner prescribed by the legislation of the Russian Federation.

4. ORGANIZATION MANAGEMENT PROCEDURE

4.1. The collegial supreme governing body of the Organization is Council of the Organization- the permanent governing body of the Organization.

The Council of the Organization is formed by the Founders of the Organization, consisting of at least three people, for a period of 5 (five) years, and is subsequently formed by the Council itself, consisting of at least three people, for the same period.

The main function of the highest management body of the Organization is to ensure compliance by the Organization with the goals for which it was created.

4.2. The competence of the Council of the Organization includes resolving the following issues:

4.2.1. Changing the Charter of the Organization.

4.2.2. Determination of priority areas of the Organization’s activities, principles of formation and use of its property.

4.2.3. Election of the President of the Organization and early termination of his powers.

4.2.4. Approval of the annual report and annual balance sheet.

4.2.5. Approval of the Organization’s financial plan and amendments to it.

4.2.6. Creation of branches and opening representative offices of the Organization.

4.2.7. Participation in other organizations.

4.2.8. Reorganization and liquidation of the Organization.

4.2.9. Other issues by agreement of the Council members in accordance with current legislation. Questions provided for in paragraphs. 4.2.1.-4.2.8. of this Charter are within the exclusive competence of the Council.

4.3. A meeting of the collegial supreme governing body (Council) is valid if more than half of its members are present at the meeting. Decisions on issues referred by the Charter to the exclusive competence of the Council are made by a qualified majority (2/3 votes) present at the meeting of the members of the Council of the Organization. Decisions on other issues are made by a simple majority of votes from the total number of votes of members of the Organization's Council present at the meeting.

4.4. The Council elects from among its members the Chairman of the Council for a term of 5 (five) years. The Chairman of the Council organizes the gathering and holding of meetings of the Council of the Organization. The functions of the Chairman of the Council may be performed by the President.

4.5. The next meeting of the Council members is convened at least once a year and no later than two months after the end of the financial year. Meetings of Council members organized before this date are extraordinary. An extraordinary meeting of the Council of the Organization may be convened by decision of the President or 1/3 of the votes of the members of the Council of the Organization.

4.6. Members of the Organization's Council are notified of the agenda, place and time of the meeting no later than seven days before the start of the meeting.

4.7. Employees of the Organization cannot constitute more than one third of the total number of members of the Council of the Organization.

4.8. The organization does not have the right to pay remuneration to members of the Council for the performance of their assigned functions, with the exception of compensation for expenses directly related to participation in the work of the Council.

4.9. The president is the sole executive body of the Organization, carries out current management of the activities of the Organization and is accountable to the Council of the Organization. The President is initially elected by the founders for a period of 5 (five) years, and subsequently the President is elected by the Council of the Organization for the same term.

4.10. The competence of the President of the Organization includes:

— carrying out actions without a power of attorney on behalf of the Organization in all government bodies, organizations and institutions, in Russia and abroad;

— execution of decisions of the Council of the Organization;

— disposal of the Organization’s property in its interests;

— implementation of executive and administrative functions;

— publication of orders, instructions, instructions and other acts mandatory for execution by officials and employees of the Organization;

— appointment and dismissal of employees of the Organization;

— distribution of responsibilities among employees of the Organization, determination of their powers;

— disposal of financial resources, opening of current and other accounts (in rubles and foreign currency) in banking institutions of the Russian Federation and abroad, carrying out the necessary monetary transactions on them;

— issuance of powers of attorney on behalf of the Organization;

— conducting negotiations, concluding transactions, contracts and other legal acts;

— filing claims and statements of claim against legal entities and individuals on behalf of the Organization;

— resolving all other issues that do not constitute the exclusive competence of the Council of the Organization.

5. BRANCHES AND REPRESENTATIVES

5.1. The organization has the right to create branches and open representative offices on the territory of the Russian Federation in accordance with the legislation of the Russian Federation.

5.2. A branch of the Organization is its separate structural unit located outside the location of the Organization and performing all or part of its functions, including the functions of representation.

5.3. A representative office of the Organization is a separate structural unit, which is located outside the location of the Organization, represents the interests of the Organization and protects them.

5.4. Branches and representative offices of the Organization are endowed with property at the expense of the Organization and operate on the basis of regulations approved by the Organization. The heads of the branch and representative office are appointed by the Council of the Organization and act on the basis of the issued power of attorney.

6. RESPONSIBILITY OF THE ORGANIZATION AND SUPERVISION OF ITS ACTIVITIES

6.1. The organization maintains accounting and statistical reporting in the manner established by the legislation of the Russian Federation. The organization provides information about its activities to state statistics bodies and tax authorities, founders and other persons in accordance with the legislation of the Russian Federation and this Charter.

6.2. The size and structure of the Organization’s income, as well as information about the size and composition of property, its expenses, the number and composition of employees, their remuneration, and the use of gratuitous labor of citizens in the activities of the Organization cannot be the subject of a trade secret.

6.3. The Founders supervise the activities of the Organization, the adoption of decisions by the Organization's bodies and ensuring their implementation, and the Organization's compliance with the current legislation of the Russian Federation.

6.4. To carry out supervisory activities, the founders have the right to require members of the Council and officials of the Organization to provide all necessary documents. If violations are identified in the activities of the Organization, the Council, at the request of the founders, is obliged to take measures to eliminate them within a reasonable time. The council is obliged to provide the founders with a report on the measures taken to eliminate the identified violations. If the Council makes a decision that contradicts the legislation of the Russian Federation or does not correspond to the purpose and subject of the Organization’s activities, the founders have the right to decide to disband the Council and form a new Council.

7. AMENDING THE ORGANIZATION’S CHARTER

7.1. Changes made to the Charter are approved by the Organization's Council by a qualified majority (2/3 votes) of Council members present at the meeting and are subject to state registration.

7.2. State registration of the Organization's Charter, as amended, is carried out in the manner established by federal laws.

7.3. The Charter of the Organization, as amended, comes into force from the moment of state registration.

8. PROCEDURE FOR REORGANIZATION AND LIQUIDATION.

PROCEDURE FOR USE OF PROPERTY IN CASE OF LIQUIDATION OF AN ORGANIZATION

8.1. An organization may be reorganized in the manner prescribed by the Civil Code of the Russian Federation, the Federal Law “On Non-Profit Organizations” and other federal laws. Reorganization of the Organization can be carried out in the form of merger, accession, division, separation and transformation.

8.2. The organization has the right to transform into a foundation. The decision to transform the Organization is made by the Council of the Organization. When transforming the Organization, the rights and obligations of the Organization are transferred to the newly emerged organization in accordance with the transfer act.

8.3. An organization is considered reorganized, with the exception of cases of reorganization in the form of affiliation, from the moment of state registration of the newly emerged organization (organizations).

When the Organization is reorganized in the form of another organization joining it, the first of them is considered reorganized from the moment an entry on the termination of the activities of the affiliated organization is made in the Unified State Register of Legal Entities.

8.4. An organization may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation, the Federal Law “On Non-Profit Organizations” and other federal laws.

8.5. An organization may be liquidated:

- if the goal for which the Organization was created is achieved, or if it is impossible to achieve this goal, and the necessary changes to the goals of the Organization cannot be made;

- in case of deviation of the Organization in its activities from the goals provided for by the Charter;

- if the court recognizes the invalidity of the registration of a non-profit organization in connection with violations of the law and other legal acts committed during its creation, if these violations are of an irreparable nature;

- in other cases provided by law.

8.6. The Council of the Organization or the court that made the decision to liquidate the Organization appoints a liquidation commission (liquidator) and establishes, in accordance with the Civil Code of the Russian Federation and the Federal Law “On Non-Profit Organizations”, the procedure and timing for the liquidation of the Organization. From the moment the liquidation commission is appointed, the powers to manage the affairs of the Organization are transferred to it. The liquidation commission acts in court on behalf of the Organization.

8.7. The Liquidation Commission publishes in the press, which publishes data on state registration of legal entities, a publication on the liquidation of the Organization, the procedure and deadline for filing claims by its creditors. The deadline for filing claims by creditors cannot be less than two months from the date of publication of the liquidation of the Organization. The Liquidation Commission takes measures to identify creditors and receive receivables, and also notifies creditors in writing of the liquidation of the Organization.

8.8. At the end of the period for filing claims by creditors, the liquidation commission draws up an interim liquidation balance sheet, which contains information about the composition of the Organization’s property, the list of claims made by creditors, as well as the results of their consideration.

8.9. The interim liquidation balance sheet is approved by the Council of the Organization or the court that made the decision on its liquidation.

8.10. If the funds available to the Organization are insufficient to satisfy the claims of creditors, the liquidation commission sells the Organization's property at public auction in the manner established for the execution of court decisions.

8.11. Payment of amounts to the Organization's creditors is made by the liquidation commission in the order of priority established by the Civil Code of the Russian Federation. After completing settlements with creditors, the liquidation commission draws up a liquidation balance sheet, which is approved by the Council of the Organization or the body that made the decision to liquidate the non-profit organization.

8.12. Upon liquidation of the Organization, the property remaining after satisfying the claims of creditors, unless otherwise established by federal laws, is directed in accordance with the Charter of the Organization for the purposes for which it was created. If the use of the Organization's property in accordance with its Charter is not possible, it turns into state income. Registration of an autonomous non-profit organization - ANO.

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 the laws of the country. 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:

1. By decision of the founders or management of the organization.
2. After the expiration of the period for which the NPO was created.
3. After achieving the goals of creating an organization.
4. 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.

non-profit organization - foundation

1. GENERAL PROVISIONS

1.1. The Foundation "", hereinafter referred to as the Foundation, is recognized as a non-profit organization that does not have membership, established by citizens and/or legal entities on the basis of voluntary property contributions and pursuing social (charitable, cultural, educational or other socially useful) goals in accordance with the legislation of the Russian Federation and solving problems provided for by the charter.

1.2. Full name of the Fund in Russian: Fund "", abbreviated name in Russian: Fund "", full name in language: "", abbreviated name in: "".

1.3. The Fund has the right, in accordance with the established procedure, to open settlement, currency and other bank accounts on the territory of the Russian Federation and abroad.

1.4. Location of the Foundation: .

1.5. The Fund is considered created as a legal entity from the moment of its state registration in the manner prescribed by federal laws.

1.6. The fund is created without a time limit.

1.7. The Foundation may be a plaintiff and defendant in courts of general jurisdiction, arbitration and arbitration courts, on its own behalf acquire and exercise property and non-property rights in accordance with the goals of the Foundation’s activities, provided for by the Foundation’s charter, and bears the responsibilities associated with these activities.

1.8. The Foundation has a round seal with the full name of the Foundation in Russian, stamps and forms with its name.

1.9. The requirements of the Foundation's charter are mandatory for fulfillment by all bodies of the Foundation and its founders.

1.10. The Foundation is not liable for the obligations of its founders. The founders of the Fund are not responsible for the obligations of the Fund. The Fund is not liable for the obligations of the state and its bodies, and the state and its bodies are not liable for the obligations of the Fund.

1.11. The Fund is liable for its obligations with its property, which, according to the legislation of the Russian Federation, can be foreclosed on.

2. PURPOSE, SUBJECT, TYPES OF ACTIVITY

2.1. The purpose of creating the Foundation is to achieve social (charitable, cultural, educational or other socially beneficial) goals.

2.2. The subject of the Foundation's activities is: .

2.3. The Foundation may carry out one type of activity (or several types of activity): .

2.4. Certain types of activities can be carried out by the Foundation only on the basis of special permits (licenses). The list of these types of activities is determined by law.

2.5. The Foundation can carry out entrepreneurial activities only insofar as it serves the achievement of the goals for which it was created. Such activities include the profit-generating production of goods and services that meet the goals of creating the Fund, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as an investor.

2.6. The Foundation may create a business company to carry out entrepreneurial activities or participate in such a company. The legislation of the Russian Federation may establish restrictions on the entrepreneurial activities of the Fund.

2.7. In order to achieve its goal, the Foundation may create other non-profit organizations and join associations and unions.

2.8. Interference in the economic and other activities of the Fund by government and other organizations is not permitted unless it is conditioned by their right to exercise control over the activities of the Fund.

3. PROCEDURE FOR MANAGEMENT OF THE FUND'S ACTIVITIES. CONTROLS

3.1. The highest governing body of the Fund is the Board of Trustees. The current management of the Fund's activities is carried out by the Board, which is accountable to the Board of Trustees.

3.2. The main function of the board of trustees is to ensure that the Foundation adheres to the purposes for which it was created.

3.3. The exclusive competence of the board of trustees includes resolving the following issues:

1. Supervision of the activities of the Fund and its compliance with the legislation of the Russian Federation.
2. Amendments to the Foundation's charter.
3. Determination of priority areas of the Fund’s activities, principles of formation, use of the Fund’s funds and its property.
4. Review and approval of the Fund's annual report, including the annual balance sheet.
5. Review of reports from the Fund's board on the activities of the Fund.
6. Supervision over the adoption of decisions by the Board of the Fund and ensuring their implementation, approval of the results of projects implemented by the Fund.
7. Formation of the Fund's audit commission, approval of the regulations on the Fund's audit commission.
8. Determination of the audit organization, approval of the amount of its remuneration.
9. Making decisions on the creation of branches of the Fund and opening representative offices of the Fund, approving regulations on branches of the Fund and representative offices of the Fund.
10. Approval of the composition of the Foundation's board.

3.4. The first composition of the board of trustees is elected by the general meeting of founders for a period of . The second and subsequent members of the board of trustees are elected by the previous board of trustees.

3.5. The Board of Trustees is elected by list or personally. A member of the board of trustees is considered elected if a majority of the total number of founders or members of the previous board of trustees of the Foundation who are present at the general meeting votes for him.

3.6. A candidate for membership of the board of trustees must meet the following requirements:

• higher humanitarian, economic, legal education;
• At least years of experience in management positions.

3.7. Candidates with an impeccable reputation are nominated to the board of trustees. At the same time, the commission by a person of a crime in the field of economic activity or against state power, the interests of public service and service in local governments, as well as an administrative offense, primarily in the field of business activity, in the field of finance, taxes and fees, encroachment on public order and public security are factors that negatively affect its reputation.

3.8. When electing a member of the board of trustees, information is provided about the candidate’s age and education, positions that the candidate has held over the past five years, the nature of his relationship with the Foundation, as well as other information about the candidate’s financial situation or circumstances that may affect the candidate’s performance of his duties. .

3.9. The work of the board of trustees is organized by the chairman of the board of trustees. The chairman of the board of trustees is elected by the members of the board of trustees from among the members of the board of trustees by a majority vote.

3.10. The Board of Trustees has the right at any time to re-elect its chairman by a majority vote of the total number of members of the Board of Trustees.

3.11. No remuneration is paid for serving on the board of trustees, with the exception of compensation for expenses directly related to participation in its work.

3.12. Meetings of the Board of Trustees are held as needed, but at least once a quarter.

3.13. A meeting of the board of trustees is convened by the chairman of the board of trustees on his own initiative, at the request of a member of the board of trustees, the board, the Audit Commission, or the auditor.

3.14. Members of the board of trustees are notified in writing of the scheduled meeting of the board of trustees at least one day before the date of its holding. Notification is carried out by sending registered letters, telegrams, telephone messages.

3.15. The notice must indicate:

• time and place of the meeting;
• issues to be discussed.

The member of the board of trustees is provided with all necessary materials related to the issues on the agenda.

3.16. Familiarization against receipt with the decision of the chairman of the board of trustees to schedule a meeting is equivalent to a written notice.

3.17. The chairman of the board of trustees organizes its work, convenes meetings of the board of trustees and presides over them, and organizes the keeping of minutes at meetings. The minutes of the meeting of the board of trustees are kept (drawn up) by the secretary.

3.18. The Secretary of the Foundation's Board of Trustees is elected for the duration of the meeting of the Board of Trustees by a majority vote from among the members present at the meeting.

3.19. In the absence of the chairman of the board of trustees, his functions are performed by one of the members of the board of trustees of the Foundation by decision of the board of trustees.

3.20. A meeting of the board of trustees is valid if more than half of the elected members of the board of trustees are present.

3.21. The Council has the right to make decisions by absentee voting (by poll).

3.22. If the number of members of the board of trustees becomes less than half the number provided for by the Charter, the Foundation is obliged to elect a new composition of the board of trustees. The remaining members of the board of trustees have the right to make decisions only on the election of new members of the board of trustees.

3.23. Decisions at a meeting of the board of trustees are made by a majority of votes present. When resolving issues at a meeting of the board of trustees, each member of the board of trustees has one vote. The transfer of a vote by one member of the board of trustees to another member of the board of trustees is not permitted.

3.25. Minutes are kept at the meeting of the board of trustees, which are drawn up no later than 10 days after it is held.

3.26. The minutes of the meeting of the board of trustees are signed by the chairman and secretary of the meeting, who are responsible for the correctness of the minutes.

3.27. The protocol indicates:

• place and time of the meeting;
• issues discussed at the meeting;
• the personal composition of the members of the board of trustees participating in the meeting;
• the main provisions of the speeches of those present at the meeting;
• issues put to vote and voting results on them;
• decisions made by the board of trustees.

The protocol may also contain other necessary information.

3.28. Members of the board of trustees have the right:

• receive any information relating to the activities of the Foundation in any divisions and services of the Foundation;

3.29. Members of the board of trustees are obliged to:

• carry out your duties conscientiously;
• not to disclose confidential information about the activities of the Foundation that has become known to them.

3.30. A member of the board of trustees is obliged to act reasonably and conscientiously in the interests of the Foundation.

3.31. A member of the board of trustees in his activities must take into account the interests of third parties to ensure the effective operation of the Fund, including: counterparties of the Fund, the state and municipalities in whose territory the Fund is located.

3.32. If a conflict arises or threatens to arise between the activities of the Foundation and the personal interests of a member of the board of trustees, he immediately notifies the board of trustees about it. Until a decision is made by the general meeting, a member of the board of trustees shall refrain from taking actions that will lead to a conflict between his interests and the interests of the Foundation.

3.33. A member of the board of trustees must not disclose or use confidential information about the Foundation for personal gain or in the interests of third parties.

3.34. A member of the board of trustees has no right to directly or indirectly receive remuneration for influencing his decision-making.

3.35. A member of the board of trustees, as well as his affiliates, must not accept gifts or receive other direct or indirect benefits, the purpose of which is to influence the activities of the member of the board of trustees or the decisions made by him.

3.36. The exceptions are symbolic signs of attention in accordance with generally accepted rules of politeness and souvenirs during official events.

3.37. A member of the board of trustees is responsible for improper performance of his duties.

3.38. A member of the board of trustees shall fully compensate the Foundation for losses caused to the Foundation by his/her guilty actions.

3.39. A member of the board of trustees is released from liability if it is proven that he is not personally interested in making a specific decision and has carefully studied all the information necessary to make a decision; at the same time, other accompanying circumstances must indicate that he acted solely in the interests of the Fund.

3.40. The Board of Trustees has the right to terminate the powers of its voting member at any time.

3.41. Grounds for termination of powers of a member of the Board of Trustees at the initiative of the Foundation:

• causing material damage to the Fund, with the exception of damage associated with ordinary commercial risk;
• damage to the business reputation of the Fund;
• committing an intentional criminal offense;
• concealing one's interest in making a transaction involving the Fund;
• violation of the provisions of the Foundation's charter, as well as the norms of legislation on non-profit organizations;
• concealing information about one’s participation in the work of management bodies of other legal entities without the knowledge of the board of trustees;
• deriving personal benefit from the disposal of the Fund’s property, except for cases where deriving personal benefit is permitted by law, charter and other documents and decisions of the Fund;

3.42. A member of the board of trustees must notify the board of trustees of his intention to terminate his powers early at least one month in advance.

3.43. A member of the board of trustees is obliged not to disclose confidential information after termination of membership.

4. BOARD, CHAIRMAN OF THE BOARD

4.1. The Board of Directors of the Foundation is elected by the Board of Trustees for a period of one year (years) and consists of at least people. The Board is located at the location of the Foundation.

4.2. The Board of the Foundation may be re-elected upon expiration of its term of office for a new term.

4.3. The issue of early termination of the powers of a member of the board may be raised at the request of at least members of the board or a member of the board of trustees of the Fund.

4.4. The competence of the board includes:

• organization of the Fund's activities;
• ensuring the implementation of decisions of the board of trustees;
• regularly informing the Board of Trustees about the activities of the Foundation;
• approval of the financial plan (estimate) of the Fund and amendments to it;
• disposal of the Foundation's property;
• approval of the staffing table;
• preparing issues for discussion at the Foundation's Board of Trustees.

4.5. The work of the board is organized by the chairman of the board on the basis of regulations on the activities of the board, approved by the board of trustees. Minutes are kept at board meetings.

4.6. Meetings of the board are held as necessary, but at least once a quarter, and are considered valid with the participation of a majority of board members.

4.8. The Chairman of the Board is elected at a meeting of the Board from among its members for a period of __ year(s).

4.9. Chairman of the Board:

• accountable to the board, board of trustees, responsible for the state of affairs of the Foundation;
• acts on behalf of the Foundation without a power of attorney, represents it in all institutions, organizations and enterprises, both in the Russian Federation and abroad;
• makes decisions and issues orders on the activities of the Fund;
• manages the funds of the Fund within the budget approved by the board, enters into contracts, carries out other legal actions on behalf of the Fund, acquires property and manages it, opens and closes bank accounts;
• resolves issues of economic and financial activities of the Fund;
• hires and fires employees of the Fund, approves their job responsibilities in accordance with the staffing schedule approved by the board;
• exercises control over the activities of branches and representative offices of the Fund;
• bears responsibility, within its competence, for the use of the Fund’s funds and property in accordance with its statutory purposes;
• organizes preparation and holding of board meetings;
• organizes accounting and reporting;
• resolves all issues that do not fall within the competence of the board of trustees and the board of the Foundation.

5. DOCUMENTATION. CONTROL OF THE FUND'S ACTIVITIES

5.1. The Fund maintains accounting records and statistical reporting in the manner established by the legislation of the Russian Federation.

5.2. The Foundation provides information about its activities to state statistics and tax authorities, the founders of the Foundation and other persons in accordance with the legislation of the Russian Federation.

5.3. The management board is responsible for the organization, condition and reliability of accounting in the Fund, timely submission of the annual report and other financial statements to the relevant authorities, as well as information about the activities of the Fund presented to the founders of the Fund, creditors and the media.

5.4. The Foundation keeps the following documents:

• agreement on the establishment of the Fund;
• Charter of the Fund, changes and additions made to the Charter of the Fund, registered in the prescribed manner, decision on the creation of the Fund, document on state registration of the Fund;
• documents confirming the Fund’s rights to property on its balance sheet;
• internal documents of the Foundation;
• regulations on the branch or representative office of the Fund;
• annual reports;
• accounting documents;
• accounting documents;
• minutes of meetings of the board of trustees, board, audit commission (auditor) of the Fund;
• conclusions of the audit commission (auditor) of the Fund, the auditor of the Fund, state and municipal financial control bodies;
• other documents provided for by federal legislation;
• other documents provided for by the internal documents of the Foundation, decisions of the board of trustees, the board of the Foundation, as well as documents provided for by legal acts of the Russian Federation.

The Foundation is obliged to provide the founders of the Foundation with access to the above documents.

5.5. To exercise control over the financial and economic activities of the Foundation, the Board of Trustees elects an audit commission consisting of people for a period of one year (or years, or years). The retirement of individual members of the audit commission, as well as the election of its new members, is not a basis for reducing or extending the term of activity of the entire audit commission. To organize the work of the audit commission, its chairman is elected. The Foundation has the right to elect only one auditor instead of the audit commission.

5.6. The competence of the Audit Commission (auditor) of the Fund includes the following powers:

• inspection (audit) of the financial and economic activities of the Fund based on the results of the year’s activities, as well as at any time on the initiative of the audit commission (auditor), by decision of the board of trustees or at the request of the founder of the Fund;
• requesting from the Fund's management bodies documents on financial and economic activities;
• convening the board of trustees;
• drawing up a conclusion based on the results of the audit of financial and economic activities, which should contain:
  • confirmation of the reliability of the data contained in the reports and other financial documents of the Fund;
  • information about facts of violation of the procedure for maintaining accounting records and submitting financial statements established by legal acts of the Russian Federation, as well as legal acts of the Russian Federation when carrying out financial and economic activities;

5.7. The procedure for the activities of the audit commission (or auditor) is determined by the internal document-regulations (regulations, etc.), approved by the general meeting of founders, and subsequently by the board of trustees.

5.8. By decision of the board of trustees, the members of the audit commission (auditor), during the period of their performance of their duties, are (not) paid remuneration and/or (are not) compensated for expenses associated with the performance of their duties. The amounts of such remuneration and compensation are established by a decision of the board of trustees .

5.9. To audit the financial and economic activities of the Fund, the Board of Trustees appoints an auditor of the Fund.

5.10. The auditor audits the financial and economic activities of the Fund in accordance with the legal acts of the Russian Federation on the basis of an agreement concluded between the Fund and the auditor. The amount of payment for the auditor's services is determined by the board of trustees.

6. PROPERTY OF THE FUND

6.1. The property transferred to the Foundation by its founders (founder) is the property of the Foundation.

6.2. The founders of the Foundation do not retain rights to the property transferred by them to the ownership of the Foundation.

6.3. The Fund may own or have operational management of buildings, structures, housing stock, equipment, inventory, funds in rubles and foreign currency, securities and other property.

6.4. The profit received by the Fund is not subject to distribution among the founders of the Fund.

6.5. The legislation of the Russian Federation may establish restrictions on the Fund making donations to political parties, their regional branches, as well as to election funds and referendum funds.

6.6. The Foundation is required to publish annual reports on the use of its property.

7. REORGANIZATION AND LIQUIDATION

7.1. The Fund may be voluntarily reorganized in the manner provided for in Art. 16 of the Federal Law “On Non-Profit Organizations”. Other grounds and procedures for reorganizing the Fund are determined by Articles 57 - 60 of the Civil Code of the Russian Federation and other federal laws.

7.2. The Fund may be liquidated by a court decision in the manner prescribed by Art. 61 of the Civil Code of the Russian Federation, taking into account the requirements of Art. 18 of the Federal Law “On Non-Profit Organizations”.

7.3. In the absence of a legal successor, documents of permanent storage that have scientific and historical significance are transferred for state storage to the archives of the association “”; documents on personnel (orders, personal files, personal accounts, etc.) are transferred for storage to the archive on the territory of which the Foundation is located. The transfer and organization of documents is carried out by and at the expense of the Foundation in accordance with the requirements of archival authorities.

7.4. When the Fund is liquidated, the property remaining after satisfying the claims of creditors, unless otherwise established by the Federal Law “On Non-Profit Organizations” and other federal laws, is directed to the purposes for which it was created and/or to charitable purposes in the manner determined by the Board of Trustees of the Fund .

7.5. If the use of the property of the liquidated Fund in accordance with its constituent documents is not possible, it turns into state income.

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

Registration of a non-profit partnership

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

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

What is a non-profit partnership?

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

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

How to create a non-profit production?

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

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

Charter of a non-profit partnership

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

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

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

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

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

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

You can download a sample charter of a non-profit partnership

Law on SRO 315 Federal Law as of 2016