2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
For many citizens, information about what registration of a non-profit organization looks like is becoming more and more relevant. The instruction with which you can open any NPO is quite simple, but at the same time it is associated with some important nuances worthy of attention. Such information is important because many social tasks and other projects can be implemented using 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:
- achievement of educational, cultural, managerial, charitable and scientific goals;
- development of sports and physical culture;
- protecting the he alth of citizens;
- protection of the legitimate interests and rights of both organizations and individuals;
-legal aid;
- resolution of disputes and conflicts;
- any other public benefit goals.
Types of non-profit organizations
Before you open any organization that is not focused on making a profit, you need to determine the fact what exactly its future activities will be devoted to.
The list of organizational and legal forms that are allowed by Russian law will help you make the right decision. This is:
- consumer cooperatives;
- institutions;
- funds;
- autonomous non-profit organizations;
- associations of legal entities (unions and associations);
- religious and public associations.
It is important to study all 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.
Overall scheme of action
Initially, it should be noted 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 itself is as follows:
- preparation of necessary documents, their subsequent signing and payment of state duty;
- certification of the application for registration of a legal entity by a notary;
- providing collected andcertified documentation to the local authority 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;
- receipt of documents that will be the 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 to act as an applicant both for the head of a legal entity and the founder of the organization itself.
More timing details
If you try to figure out how long you have to wait for a decision from the registration authority, then initially it is 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 term 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 think for 33 days, but to establish political organizations, you need to wait three days less - 30.
If any other non-profit organization is created, registration will last 17 days.
In order to register the new structure with the tax service, it will also take time. More specifically, 2 to 4 weeks.
Regarding the total registration period andsubsequent registration, it will be approximately 2 months. Moreover, this waiting period does not include the time that needs to be spent on preparing documentation.
Those who intend to register horticultural, dacha, horticultural non-profit associations and consumer cooperatives can breathe a sigh of relief, as 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 not all the papers required by the Ministry of Justice are submitted along with the application, then 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 should contain information about the persons who are the founders of the NPO. It must be compiled 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. Documents must also include a receipt confirming payment of the state fee.
It is worth remembering the need to provide a protocol for the creation of an NPO. An alternative could be a decision on the approval of the constituent documents of the organization, in which it is necessary to indicate which bodies were elected.
The last document that you can't 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 with confirmation of the fact that boththe parties are ready to conclude a lease agreement.
It is also worth paying attention to the fact that the set of papers described above is common. This means that, depending on the territorial scope of activity and legal form, the set of documents may change.
What documents confirm state registration
Anyone who plans to create an NGO should understand exactly how to confirm the fact that their organization is operating legally.
So, in order to feel confident before any checks, you need to have the following documents:
- certificate that confirms registration with the Federal Tax Service;
- correctly drawn up charter;
- notification that the organization is registered in off-budget funds;
- directly the registration certificate itself.
Those who are concerned about the issue of starting a business should be aware 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 selected profile.
Working with finances
In addition to all the above steps, without which any non-profit organization cannot start its existence, registration also indirectly implies the opening of 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 do not provide such information in a timely manner, you may be faced with the need to pay a fine.
Don't forget about financial statements either. After registration, each organization of a non-profit type is obliged to submit it to the tax authorities no later than the established deadlines. Here everything is as strict as in the case of entrepreneurs. Submission of special reporting is no less important than accounting.
How changes are made in the founding documentation
So it may happen that in the process of activity sometimes there is a need to make certain adjustments. Registration of changes of a non-profit organization has a certain algorithm that allows you to easily perform a similar task:
- statement;
- charter, presented in the new edition, and the previous version;
- a document that confirms the payment of the state fee;
- decision that specific changes will be made to the founding documents.
All of the above papers must be provided in two copies. In the case of the charter, 3 copies will be required. The payment order or receipt of payment must be provided in the original. As for the application, it must be notarized without fail. But the decision on the 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 a question as the reasons for holdingchanges in the bylaws. Adjustments become relevant due to the influence of various factors. Examples include changing the address or adding a new activity.
What you need to know about state duty
Whatever a non-profit organization is created, the 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, 4,000 rubles will be required, in the case of the formation of a political party, 2,000 rubles must be prepared, 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 that is charged upon registration.
How to liquidate
It is not necessary to exclude such 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 required.
First of all, you need to inform the department of the Ministry of Justice, local departments of funds (social, pension) and, of course, the tax service about such a decision.
Next, the founder should take care of creating a liquidation commission. You will also need to establish the timing and procedure for the liquidation process itself.
The next step is to post information aboutclosure 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.
As a final step, debt repayment and work with creditors can be defined.
When all the above steps are completed, the founders get 2 months to prepare all the necessary documentation for liquidation.
Conclusion
If you carefully study all the existing requirements and thoroughly consider the collection of a package of documents, you can easily register a non-profit organization and liquidate it.
In other words, the current legislation creates favorable conditions for such activities. And this is a very important point in the development of the social position of certain civil groups.
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