A non-profit unitary organization is Structure, features, examples

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Non-profit unitary organization is a collective concept that combines several types of legal entities. Consider the distinctive features of the types included in this category. The first thing to consider is a fund, a rather specific type of SSB. Since there are currently quite a few legal entities operating under this form, the specifics of the functioning of the organization are important for those who work in funds who plan to create such a structure or enter into an agreement with it.

About funds

The Foundation is a non-profit unitary organization that does not provide for the presence of members. Individuals and legal entities can act as founders. The fund's existence is based on voluntary contributions in the form of property. A foundation can only be called a person who was created to achieve some social goal, including those related to the development of culture or charity.

The basic document regulating the work of the organization is its charter. It must contain the full name of the structure, whichmust include the word "fund" directly. This non-profit unitary organization in the statutory documentation must indicate the address of its location, the main purpose (reason for formation), the subject of activity. Officially, it is necessary to document what the bodies of the legal entity are, indicate the highest collegial structure. The charter is a source of comprehensive data on the trustee structure responsible for controlling the work of the legal entity. The documentation fixes the procedure for appointing those who wish to positions within the fund, release from obligations. The articles of association must contain sufficient details regarding the possible liquidation procedure. Already when creating a legal entity, it is necessary to clarify what will happen to the accumulated property if the situation develops in this way.

Rules and nuances

The Foundation is a non-profit unitary organization whose charter can be amended by court decisions. A case within which such a decision can be made is initiated by a statement from one of the bodies of an organization or state structure that has the authority to control the work of this legal entity. They turn to the court if the preservation of the statutory documentation in its original form can provoke consequences that are unpredictable during the formation of the structure, while the collegiate body refuses to make changes. To learn more about the current possibilities of the courts related to this issue, you should study the latest version of the first paragraph of the 123rd block of the Civil Code.

Special unitary enterprise is a non-profit organization thatformed in the form of a pension fund. Its position is regulated by the previously mentioned block 123 of the Civil Code, namely parts from the 18th to the 20th. It indicates how it can be reorganized, what are the situations that allow this. The norms of the Civil Code are drawn up taking into account a special federal regulatory act adopted to declare the work of such structures.

A fund is a unitary enterprise, a non-profit organization that has property received from the founder (there may be several of them). Everything that is transferred to the structure becomes the property, the founders do not retain any rights to property in relation to the formed legal entity. Accordingly, there is no need for them to take responsibility for the obligations that the structure has assumed. This is also true in the opposite direction: whatever the founder's obligations, the formed fund does not need to report on them. The property received by the structure is used to achieve the goals specified in the statutory documentation. From year to year, such an organization must submit reports to the public showing how it manages property benefits.

Supreme Collegial Body

The Foundation is a non-profit unitary organization managed by such a body. It has several unique qualities that allow you to manage the work of the enterprise. Only this body can form other bodies, as well as complete their powers ahead of schedule. His area of responsibility is to highlight the most important areas for the functioning of the organization, as well as to determineprinciples according to which the property base is formed, used for the benefit of the legal entity. The collegial body approves the reporting for the year, including all reflecting the financial situation, and decides on the formation of the company, including it in the activities of the organization. If the charter provides for the possibility of its adjustment by this body, then only the collegial structure can make changes. Her area of responsibility is the approval of transactions permitted by legislative acts.

The Fund is a non-profit unitary organization whose supreme structure with the preferences described above can be created solely by those who are entrusted with the executive power. In some cases, appointment obligations have been transferred to the board. In the structure of the organization there is also a collegial Spanish. body (possibly sole). He must deal with issues that are not included in the zone of the sphere of only the highest body.

Nuances of work

A feature of a unitary non-profit organization of the fund type can be called the opportunities given to some participants in the enterprise. If they receive the authority to act on behalf of the organization, they must compensate for the losses if such, through their fault, suffered the fund. For this to become necessary, such a decision must be made by the highest collegial structure.

Liquidation of the fund is possible if such a decision is made by the court. Hearings are held if the person concerned sends a relevant application. Liquidation will be required if the property, whichthe organization has, is not enough to achieve the planned goals, while the probability of obtaining the missing is estimated as vanishingly small. The court may decide on liquidation if the goals stipulated by the charter cannot be achieved and it is impossible to change them. The decision of the court may be conditioned by the organization's deviation from the goals specified in the statutory documentation.

An important part of the fund is the Board of Trustees. This is one of the structures of the organization responsible for monitoring the work of the legal entity. Its scope of responsibility is to monitor how different bodies make decisions and execute their plans, use the accumulated funds. The Board of Trustees should monitor compliance with regulations. Its activities are implemented on a voluntary basis.

An example of a fund is the Krasnodar Regional Fund for the Overhaul of Apartment Buildings.

Institutions

Non-profit unitary organizations of this type are formed by some owner. The main purpose of creating a legal entity is management, cultural development, solving social problems, as well as providing other functions that cannot be called commercial. The founder is the one who owns the property of the new object. The right of operational management is formed on it. This applies not only to objects transferred by the owner to the institution, but also to those purchased by the legal entity itself. You can learn more about the rules for formalizing operational management from the current wording of the first paragraph of Article 123 of the Civil Code (part 21). Any owner has the right to create a legal entity. The current practice is that in our state, institutions are predominantly formed by municipalities, the state.

When studying corporate and unitary non-profit organizations, their features and qualities, you need to pay special attention to who the legal entity begins with. If we are talking about institutions, then the founder determines whether the legal entity belongs to a certain group. Perhaps a private institution - this is formed by a legal entity or person. There are municipal and state. Responsibility for their creation was assumed either by the subjects of the state, or entities, or the country as a whole. The process of forming a new institution does not allow for joint founding. It is not possible to form an NUU initiated by a municipality and a private individual.

Rules and money

Commercial and non-commercial unitary organizations live on different means and under different laws - for each category of legal entities, their own rules have been developed that operate at the federal level. Moreover, there are special rules created for individual subcategories. In particular, when it comes to institutions, they are divided into groups based on the responsibility assigned to them, as well as the financing option. There are autonomous organizations and budget ones, the third option is a state form. The first two types are formed by public legal entities. The idea of their existence is to ensure the exercise of certain powers, following the letter of the law. They may exist for the implementation of tasks assigned to self-government structures orstate authorities. The spheres of culture, social protection, he alth protection, science and education may be affected. This also includes employment, physical education, sports development. The rules for the formation of autonomous institutions are listed in the Federal Law adopted in 2006 under number 174. You can learn about budgetary institutions by studying the regulations on non-profit organizations. The key is the federal law adopted to regulate them. No less important is the Budget Code of our country.

Treasury is a form of a non-profit unitary organization that implies a specific legal status of a legal entity declared by the Budget Code. It also indicates in what order such institutions are formed, how they are liquidated, where they receive money for existence. The BC fixes the legal status and the fact of its being in the sphere of control of state authorities. Perhaps management is entrusted to an off-budget state fund or a self-governing structure. This person becomes the main manager of the money coming from the budget to ensure the operation of the institution. Incomes due to the activities of a legal entity are directed to the budget of the state. The conclusion of contracts and agreements is possible only within the limits agreed for a particular legal entity. The Establishment concludes such on behalf of the Power.

Statutes and organization

Budgetary, state-owned institutions as organizational and legal forms of non-profit unitary organizations should be created taking into account the current requirements stipulated by laws. In particular, in the charter of such a legal entitythere must be information about belonging to a particular type. The charter should describe in detail who is the owner, what kind of activities the formed institution can carry out, what are its goals. The charter should give an idea of the structure of the legal entity and what is the competence of its governing elements, in what order they are formed, how long they can control the work of the institution. The charter should describe the rules for the operation of the governing structures of the institution.

Autonomous institutions are recognized as non-profit unitary organizations. In their charter, it is mandatory to list all important information about the legal entity. When drawing up the charter, one should be guided by a specialized normative act adopted to regulate the work of autonomous institutions. The founder has the right to appoint a leader. It can be chosen by collegiate bodies, if the situation that satisfies the laws has developed. The founder of the legal entity is responsible for approving the collegial body.

Goals and resources to achieve them

A unitary non-profit organization created by the owner, municipality, country, works because it has some special task. This is formed by state authorities that have the appropriate powers, as well as self-government structures, which are entrusted with the authority to divide the money allocated from the budget. If the institution is private, the activity is provided at the expense of the property transferred according to the rules of operational management. The property may include monetary amounts. institutionmust be responsible for all obligations related to the money that he has available. If the situation corresponds to that specified in the law, it is also necessary to take responsibility for other property obligations. If there is not enough money at the disposal of the institution, the responsibility for this rests with the owner. Detailed details can be clarified in Article 123 of the Civil Code, part 23, paragraph two, and in part 22, paragraphs four through six.

Autonomous organization

This can be a unitary legal entity, the formation of the contributions of individuals, legal entities. The purpose of the existence of the institution is service in the field of education, science, culture, he alth protection. It is possible to create an autonomous organization that would be engaged in other areas of social life, without being commercial. A distinctive feature in comparison with an institution is the possibility of joint work of several founders, which can be legal entities, individuals in any combination.

Example: ANO Nanocertifica.

Must know

Non-profit organizations - state unitary enterprises, institutions, funds - these are legal entities whose existence is not intended to make a profit. These persons do not have the right to distribute profits among the participants, even if they have been received. Non-commercial can only be legal entities that are not faced with the task of making a profit and sharing it. These types of legal entities are formed to serve the public interest and increasegoods needed by people. Some organizations are formed in order to improve the he alth of people, to satisfy various needs in addition to material ones. There are legal entities created to protect legal interests, laws, as well as to eliminate conflict situations and find solutions when forming them. Other goals may be pursued if they end up with some social benefit.

Any non-profit organization, state unitary enterprise, foundation and other form is a type of legal entity subject to registration at the state level. The formation takes place without specifying in advance the period of activity of the institution, if it is not specified in the constituent documentation. To register a new enterprise, you need to send a package of official papers to the Ministry of Justice or the local branch of this instance. Officials will need constituent documentation, a statement from a person with the appropriate authority. In order to privately establish a legal entity, you need to provide a charter. Officials need a decision on the formation of the organization, official data on the founders. The applicant must pay the state fee and provide a receipt confirming this, as well as attach papers regulating the exact location, that is, the address at which the legal entity can be contacted.

About rules and regulations

Non-profit organizations include unitary enterprises, foundations, institutions, autonomous and state-owned, budgetary and private legal entities that have passed the registration procedure in full and indeadlines. The laws stipulate the need to send documentation in the first quarter of the year after the adoption of a decision declaring the creation of a legal entity. Without fail, such a person must have his own estimate or have a balance sheet. There are several forms permitted by law, and the founders can choose the best one for specific tasks. You can form a partnership that does not pursue a commercial goal, you can create an institution or an autonomous organization, union or association. There is a demand for formats that unite people on some social basis or religion. Non-profit communities include communities created to defend the interests of minorities or other groups. This category includes, for example, Cossack societies.

Non-profit organizations include unitary state enterprises, foundations, communities, unions, institutions that have property in the form of money and in another form. Those can be obtained as voluntary investments, founder's income, as well as profit through the sale of products and services. If there is a deposit, securities, a non-profit legal entity has profit, which is also included in its property. You can use the property in the property, making a profit. In general, a non-profit legal entity has access to all options for making a profit that are not prohibited by law. The law also establishes a number of rights. Non-commercial legal entities can open bank accounts in our country and outside it, they havethe possibility of designing a seal, the text on which is in Russian. You can have forms, stamps on which the name is indicated. A non-profit organization has the right to register, following the procedure stipulated by laws, an individual emblem.