What is the procedure for state registration of public associations. Conditions for creating an association. Who has the right to create a non-profit public organization

20.09.2019

In public associations, the dependence of the status public associations from their territorial scope. Mandatory indication of the territorial scope of activity public association must contain in the name of the organization. There are four territorial types of public associations:

All-Russian public association can carry out its activities in the territories of more than half of the constituent entities of the Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. Currently, the Russian Federation consists of 85 subjects. Lack of required amount structural divisions is a violation and may lead to the liquidation of the public association. The inclusion in the names of all-Russian public associations of the name Russian Federation or Russia, as well as words derived from this name,allowed without special permission.
Interregional public association carries out its activities in the territories of less than half of the subjects Russian Federation and has its own structural subdivisions there - organizations, departments or branches and representative offices. To obtain this status, it is enough to have branches in at least 2 constituent entities of the Russian Federation. Interregional public associations have special structure which, as a rule, are regional and local branches.
Regional public association, the activity of such an association in accordance with its statutory goals is carried out within the territory of one subject. For example, the Moscow Public Organization for the Protection of Consumer Rights, as the very name of the organization implies, operates in Moscow.
local public association operates within the territory of only one body local government. For example, the local public regional organization of motorists Losinoostrovskaya operates on the territory of the intracity municipality Losinoostrovskoe city of Moscow.

Branches has the right to acquire the rights of a legal entity and is also entitled to carry out activities on the basis of its charters registered in the prescribed manner. At the same time, the goals and objectives of the branches should not contradict the charter of the parent public association. It is the possibility of a regional branch to become an independent legal entity that leads to the fact that when creating a regional branch, it should have at least three members representatives of this region. Since a public association is created on the initiative of the founders - at least three individuals and (or) public associations.

Free association to protect their legitimate interests is one of the human and civil rights specified in the Basic Law of the State. Of course, not every collective entity falls under this rule. Only acting on a permanent basis, created and included in State Register a group may be recognized as a public association and fall under the protection of Art. 13 of the Constitution of the Russian Federation.

Definition of a public association

The specified right of citizens is realized both in the form of direct association in a collective, and through registered organizations - public associations. The latter option is more preferable for those who are aimed at achieving specific results (public control, legislative initiative), and not just expressing their own active position. A registered public association is protected by the state, has the opportunity to defend its rights and interests, participate in elections and referendums (if it sets itself such a goal and indicates this in the charter), as well as defend the interests of its own or its members in court.

Article 5 of the Federal Law of May 19, 1995 No. 82-FZ defines public associations as created on a voluntary basis, non-profit, self-governing formations of citizens with common interests, united to achieve common goals.

Conditions for creating an association

Before creating public organization make sure that the formation meets the following conditions:

Voluntary nature of creation - an association is established on the initiative of citizens or legal entities who wished to become its founders. Prior permissions (approvals) for this process are not required, and the founders must be connected by a common interest.
Self-management - the initiative and independent adoption by the participants of all decisions on the management of the association, including the determination of the structure, management and financial and auditing bodies.
Non-commercial nature - associations do not conduct activities related to the regular receipt of profit, which is subsequently distributed among the participants.

This is a fundamental difference that separates such formations from commercial legal entities.

Organizational types of associations

Forms of a public organization is a set of conditions and features established in the current legislation that are characteristic of a certain category of public associations, consisting of a description of the goals of creation, the order of relationships between participants and third parties, as well as the procedure for managing property and income.

The choice of the form of the created association is the prerogative of its founders.

Social organization. A common form of organizational and legal structure, the features of which are mandatory membership (documented) and Team work to achieve the set goals. For example, public organizations are trade unions, consumer societies, associations of homeowners.
Social movement. This form is characterized by mass character, with the absence of registered membership and without the need to maintain constant communication and activity. It is aimed at satisfying the non-material interests and desires of citizens (charity, culture, education, ecology, animal protection, etc.). Social movements can unite a large number of of people different ages and provisions, which, accordingly, allows you to organize crowded events.
Public fund. The activity of such associations is quite specific, since it consists in the formation and management of property, which is subsequently directed to the statutory goals. The sources of welfare of the funds are voluntary contributions, donations and other non-prohibited receipts. In this case, the transfer of property to the founders is unacceptable.
Public institution. There is also no registered membership here, but its activities are limited to the provision of services. a certain kind aimed at achieving the statutory goals.
Organ of public initiative. Such public associations arise at the place of residence, work or study and are aimed at resolving social problems those who are part of the formation itself. Amateur bodies include people's teams, parent committees, voluntary fire brigades, library councils, etc.
Political Party. This form of public association aims to involve citizens of the Russian Federation in political life society in the form of forming their beliefs and positions, participation in actions (rallies, marches, pickets, demonstrations), in elections different levels and referendums, as well as to represent interests.

In addition to organizational forms, there are many other criteria for classifications. For example, depending on whose protection the association operates, there are children's and youth public organizations, societies for the protection of the disabled, participants in the Second World War, a society for the blind, and so on.

Associations and unions of public associations

Public organizations different forms for achievement best results in work can be formed into unions and associations. Members of such a collective association participate in its management through their representatives.

At the same time, the forming feature of associations is the uniformity of all participants (uniformity of forms of associations), and for unions - the commonality of the goals for which it is created. It is also possible that an association becomes a member of the union, which can be called a primary collective public association.

The Union of Public Organizations, like the association, in its work focuses mainly on coordinating the work of its members and increasing its efficiency. These goals are achieved by holding joint events, exchanging information and attracting financial resources.

To achieve an effective result, collective associations are registered as legal entities. Then the association and the union get the opportunity not only to confer and develop a common strategy of activity, but also to form financial and material resources for the implementation of various projects, programs and events.

The creation of an association or union, taking into account the fact that legal entities act as founders, is similar to the procedure for registering any public association. However, the volume of the constituent agreement is much higher, since its content should describe in detail the relationship of the parties (members of the union or association) for an indefinite period, establish rights and obligations, responsibility and the procedure for interaction.

The property of a collective association is formed at the expense of regular receipts of participants. The amount and procedure for making contributions must be determined in the memorandum of association and articles of association. The assets of an association or union may be generated from the following sources:

regular or one-time membership fees;
donations (including targeted donations);
proceeds from the sale of products, the fulfillment of orders and the provision of services;
dividends and other income (interest on shares, securities, deposits);
income from property (rent, etc.).

Territorial levels of associations

Russian public organizations differ not only in the forms of organizational structure, but also in the territory in which they operate. Currently, the following levels can be distinguished:

All-Russian public organization - has branches, representative offices or departments in more than half of the regions of the Russian Federation.
Interregional public organization - has independent structural units and operates on the territory of less than half of the country's subjects.
Regional public organization - carries out activities within one subject of Russia (territory, republic, region). To obtain this status, it is necessary to indicate in the charter that the work will be carried out within a certain territory.
Local public organization - carries out work on the implementation of statutory goals within the boundaries of the local government ( administrative district, district or settlement). Despite the small space for activities, local associations, as well as regional ones, have the right to create their own branches and representative offices and further increase their territorial level.

Children's and youth associations

Public organizations in Russia, whose activities are aimed at the development and protection of children and the younger generation, deserve special mention. Their creation and work are regulated not only by the Federal Law of May 19, 1995 No. 82-FZ, but also by international documents - the Geneva Declaration of the Rights of the Child of 1924 and the UN Convention on the Rights of the Child of 1984.

Children's public organizations have a positive social and moral orientation and are considered as a significant factor in the development of the next generation of society. The right to participate in the work and the status of an active participant in a children's public association is received by minor citizens who have reached the age of 8 years. However, they cannot be founders and participate in management, as they do not have sufficient civil legal capacity.

Youth public organizations have the right to include age restrictions for participants in the statutory documents. Thus, the age category of members will demonstrate that the public formation belongs to youth associations.

Documents for registering an association

freedom civil society manifests itself in the order of creation of public organizations in Russia. They are considered not created from the day state registration, but from the moment the decision on their creation is made at a conference or general meeting of the founders. Thus, the state recognizes the right of citizens to association as realized in fact from the moment of the corresponding expression of will.

The procedure for registering associations is carried out according to the norms of Art. 21 of the Federal Law of May 19, 1995 No. 82-FZ and consists of 2 stages: making a decision and making an entry on the creation of a legal entity in the Unified State Register of Legal Entities. From the moment the latter is committed, the public association acquires its legal capacity.

The list of documents for registering a public association is defined in paragraph 28 of the Administrative Regulations, approved by Order of the Ministry of Justice of the Russian Federation of December 30, 2011 No. 455. It includes:

Application for registration. The application form R11001 is used, approved by order of the Federal Tax Service dated January 25, 2012 No. ММВ-7-6 / [email protected] The relevant columns of this application shall contain information about the founders and the address (location) of the permanent governing body.
Charter of an association or association (union) of public associations in 3 copies, stitched and numbered.
Constituent agreement (agreement) or an extract from the minutes of the founding conference (congress, meeting, meeting). The latter should contain information about the creation of the association, the approval of the charter and the formation of governing and auditing bodies.
A document confirming the payment of the state fee, the amount of which is determined in paragraph 1 of part 1 of Art. 333.33 tax code RF and amounts to 4,000 rubles. Payment is made on behalf of the applicant as an individual.
Minutes of constituent meetings (conferences, congresses) of structural units for all-Russian, interregional and international associations. A regional public organization does not provide additional documents, even if it has branches and departments within the subject.
In the case of using a personal name or a copyrighted sign in the name (symbols, motto), permission to use it is attached to the package of documents.

A set of documents is submitted for registration no later than 3 months from the date of the constituent assembly. The process of entering the association into the register as a legal entity should last no more than 17 days. This is 3 times longer than for commercial associations and is due to the specifics of the status.

Requirements for founders of associations

The process of creating an organization begins with a voluntary initiative of its founders, who decide on the need for the emergence of a public formation to protect their own and public interests, to achieve joint goals. Before creating a public organization, it is necessary to check how its founders meet the requirements of the founders of public associations.

The number of founders cannot be less than 3, but the maximum size is unlimited, which allows the social movement to flourish. The origins of public organizations can be individuals and legal entities (non-profit associations), which, as part of the formation, will have equal rights and responsibilities.

The main conditions for founders and members of a public association are 18 years of age and full legal capacity. The only exceptions are members of children's and youth associations, where the age can start from 8 and 14 years old, respectively.

Despite the fact that the Federal Law of May 19, 1995 No. 82-FZ speaks exclusively about citizens, foreigners and stateless persons who are legally in the country can also act as the founder of an organization or movement.

Foreign citizens and stateless persons included in the "black lists" of the Russian Federation.
Persons (people and organizations) included in the list of suspects in extremist and terrorist activities.
Public associations of various forms banned in the Russian Federation (“Right Sector”, “Islamic State”, “Bloody Harvest Union”, etc.).
Individuals who are held in places of deprivation of liberty by a court decision. And we are talking only about departing real terms, but not about those under the condition of early release.
Organs state power, local self-government of any levels. However, this restriction does not apply to state and municipal employees as individuals.

The founders are not required to obtain permission or notify the authorities of their decision to create a public association, since the state should not exert any influence on its activities.

Charter of a public association

Details of the structure, future activities, features of relations between participants and other provisions are described in the charter, which is the founding document of the association. The content of this document, in in general terms, consists of the following:

General information about the created public association - name (full, abbreviated), address, organizational form and territory within which activities are carried out.
The goals of the association, which is understood as the intended result of its existence. It should be borne in mind that the intentions declared in the charter cannot be related to entrepreneurial activity i.e. making a profit. A public organization of Russia should strive to achieve social, charitable, cultural, educational and scientific goals, as well as the goals of protecting health, meeting spiritual and other non-material needs, protecting rights and legitimate interests, peacefully resolving conflicts, providing assistance (psychological, legal, material) . Scroll good intentions is very large and is always compiled taking into account the union.
A detailed description of the structure of the association, managing and financial and auditing bodies with a description of their powers, the procedure for formation and work. The rights of public organizations to determine the competence, formation and term of office of the governing bodies are very broad. They can be periodic conferences, general meetings, the board, the council of the association, board of trustees(for funds). In general, all management structures are divided into higher, which determine the direction and principle of work, and executive, responsible for the current management. Auditing bodies, in turn, exercise control over financial activities public association, directing the accumulated property for the fulfillment of statutory goals.
Regulations on the replacement and reorganization of the governing and control and financial bodies at the end of the period determined by the founders.
Conditions for obtaining and losing membership, as well as the procedure for joining and exclusion from the association.
List of rights and obligations of members (participants) of a public association. Since the creation of the formation is based on voluntariness, the charter should not oblige them to do anything for the effective operation of the organization. Basically, the obligations of the participants relate to the timely payment of contributions, participation in management, implementation of decisions of the governing and auditing bodies, inadmissibility of causing damage. The list of rights of members of associations, in addition to those enshrined in law, may include the possibility of obtaining information about the work of the organization as a whole and its bodies in particular, receiving assistance, advice, participation in ongoing events, receiving benefits and privileges.
The symbols of a public association are of great importance for its activities and therefore their description (including graphic images) is given in the content of the charter.

Both the association itself as a legal entity and its founders (participants) must be guided by the requirements of the charter of a public association. Other participants in legal relations with a particular public association should also take into account the provisions of the charter of the partner public association, since the exchange of copies of constituent documents is a common practice when concluding any type of agreement.

Entrepreneurial activities of associations

Founders often think about the question of how to create a public organization in order to be able to carry out activities with profit, which will cover, in whole or in part, the expenses of the association. According to paragraph 4 of Art. 50 of the Civil Code of the Russian Federation, any non-profit associations have the right to carry out profitable activities, if this is provided for by their Charter. However, the norm also contains a restriction - income must be directed to achieve the goals of associations and cannot be redistributed among its participants (members).

Public organizations can receive income from the following sources:

use of property, including its lease;
production of goods and provision of services;
accommodation Money on deposit accounts;
acquisition and turnover of shares and securities;
participation in business companies as a contributor.

It is worth taking into account the position of the Supreme Arbitration Court, which, in Decree No. 1441/97 of July 8, 1997, did not recognize as income the interest received by a housing construction cooperative from placing funds on a deposit account with Sberbank of Russia. The court pointed out that the activities of the cooperative are not entrepreneurial, since they are implemented not by the non-profit organization itself, but by its representative (bank).

However, if the profit is received systematically, is most its income and is directed to the needs of the formation itself, such activities of public organizations are already entrepreneurial.

Creation of a public association without registration

Information about the procedure and requirements for registration of public organizations is in the public domain. But not everyone can understand how to create a public organization without formal registration.

Such a formation arises as an ordinary association of citizens, and the right to create it is provided for in Art. 3 of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations". The requirements and procedure for creating an association do not differ from those provided for public organizations acting as a legal entity. However, the list of documents is limited to the articles of association and articles of incorporation, which remain in the custody of the governing body.

Benefits informal associations allocate the opportunity not to maintain accounting and tax documentation, not to spend money and time on registration and reporting to the Ministry of Justice. But on the other hand, an association without obtaining the status of a legal entity cannot be a member civil circulation, have own funds and open bank accounts, act as a representative of interests, manage property. Thus, it can only use deliberative opportunities and exchange information.

Registration of a public organization in Russia is carried out in accordance with the established rules of the Federal Law of the Russian Federation of May 19, 1995 No. 82-FZ “On Public Associations” and the Federal Law of the Russian Federation of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”. According to the law, in order to register a public association in the structures of the executive power, the will of at least three natural persons-founders and relevant documents are required. At the same time, the registration of such a company is carried out after the founders decided to create a legal entity at a general vote, approved the charter and formed the leadership. What is the procedure for registering a public organization, we will consider in more detail in the article.

Where to go to register a public organization

On the this moment the Ministry of Justice of the Russian Federation deals with the registration of public organizations. The Ministry of Justice and its regional branches make decisions on the state registration of an association, including the issues of its creation, reorganization or liquidation. All changes in the constituent documentation and the inclusion of a certain union in the Unified State Register of Legal Entities (Unified State Register of Legal Entities) are made by the Ministry of Justice.

Registration of a non-profit public organization in 2017: step by step instructions

The procedure for registering a non-profit public organization (NPO) in Russia includes a number of steps:

It is necessary to choose the founders/founder of the NPO. Members of a non-profit organization can be both citizens of the Russian Federation and legal entities, as well as foreigners.
It is required to determine the type of activity. It must comply with the objectives of the creation of NCOs, fixed in the Charter. It must indicate all types of planned activities. The Unified State Register of Legal Entities should provide data on the type of activity of each type of NPO.
Decide on the name of the association. The name must be in Russian and contain an indication of the type and nature of the activities of the NPO. When you register a company name, you will have the exclusive right to use it.

It is necessary to be careful with the use of the names Russian Federation and Russia. In this case, there are several features that can be found in the Federal Law "On Non-Commercial Organizations" dated January 12, 1996 No. 7-FZ.

Specify a valid legal address. If the premises are rented, the Ministry of Justice of the Russian Federation should without fail submit a rental agreement. If the office is owned by the founders, then it must be confirmed by an appropriate extract from the USRN.
Prepare a package of documents.
Pay the state duty for registration of an NPO in accordance with Art. 333.33 of the Tax Code of the Russian Federation.
Submit a set of documents to the Ministry of Justice. Documentation must be submitted no later than 3 months from the date of the decision to open an NPO. You can submit documents through the State Services web portal, where there are all the necessary forms.
Obtain a certificate of registration of the association. In case of a positive decision, the Ministry of Justice issues a document that guarantees that the NPO has been successfully registered. It indicates the name, legal address and individual code of the company.

The procedure for registering an all-Russian, regional or international public organization may have some features both in terms of the timing and the successful execution of documentation, therefore it is recommended that you first consult with an experienced lawyer.

Deadline for registration of a public organization

Terms of registration this society in the Ministry of Justice - no more than 30 working days. In the event that all documentation is in order and there are no reasons for refusal to issue, the Ministry of Justice of the Russian Federation or its regional office makes a final decision no later than 2 weeks from the date of receipt of the package of documents.

Then the papers are sent to the Federal Tax Service (FTS RF) for entering information into the Unified State Register of Legal Entities. Based on the information received, data on the new education is entered into the register within five working days, and no later than the next working day, the Federal Tax Service notifies the Ministry of Justice of this. He, in turn, issues a certificate of state registration to the applicant no later than 3 working days.

Documents for registration of a public organization

First of all, it is necessary to prepare a charter, which is approved by the participants and members of this association. To create a union, a memorandum of association and a decision to open from the owner of the company are also required.

The founding documents must contain the following information:

name of the institution indicating the type of employment;
purpose of discovery and follow-up;
legal address;
management procedure;
information about representative offices and branches of the association;
obligations and rights of founders;
information on the conditions for admission and withdrawal from the union;
sources of property and details of use;
data on changes in the memorandum of association and articles of association;
additional legal provisions.

To register a public organization with the Ministry of Justice, you must provide the required package of documents:

application for registration of a public organization (form No. РН0001);
articles of association (if any, memorandum of association);
protocol on the establishment of the company;
receipt of payment of state duty;
confirmation of the legal address;
a document certifying its legal status (in the case of a foreign founder);
if intellectual property is used in the name or symbolism of the association - confirmation of the right to use it.

The exact information about the required documentation should be clarified with the Authorized body.

Thus, all the difficulties in registration lie in the preparation of a complete package of documentation. best way out out of the situation will be getting required list securities directly with the registration authorities, and compliance with this list guarantees the successful completion of the procedure.

Our experts of the Pravoved.RU web resource will be able to advise you on the specifics of the legal status of these organizations and the registration procedure. To do this, just call the specified numbers or fill out the feedback form.

One of the most common forms non-profit organizations which are subject to special requirements for their registration are public associations. According to the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" *(115) (Article 3), a public association should be understood as "a voluntary, self-governing, non-commercial formation created on the initiative of citizens united on the basis of common interests to achieve the common goals specified in the charter of a public association."

A public association can function both in the form of a legal entity (that is, registered in such a capacity in a certain way) and without forming a legal entity. Accordingly, depending on whether or not it is registered as a legal entity, a public association has a more or less extensive range of rights and obligations.

At the same time, the peculiarity of a public association is that it is not an organizational and legal form in itself. This is just a collective term that includes organizational and legal forms of legal entities that fall under the general characteristics of a public association: voluntariness, self-governance, non-commercial activity, community of interests and goals of members. Such organizational and legal forms are recognized:

Social organization;

Social movement;

Public fund;

public institution;

body of public initiative;

Political Party.

Each of the listed organizational and legal forms, along with the general features characteristic of a public association, have their own features that are inherent in each of the forms separately.

A public organization is a public association based on membership, created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens (Article 8 of the Law on Public Associations).

A public movement is a mass public association consisting of participants and not having membership, pursuing social, political and other socially useful goals supported by participants in the public movement (Article 9 of the Law on Public Associations).

A public fund is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other receipts not prohibited by law and use this property for socially useful purposes. The founders and managers of the property of a public foundation are not entitled to use the said property in their own interests (Article 10 of the Law on Public Associations).

A public institution is a non-membership public association whose goal is to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the specified association (Article 11 of the Law on Public Associations).

A body of public amateur performance is a public association that does not have membership, the purpose of which is to jointly solve various social problems that arise for citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited circle of people whose interests are related to the achievement of statutory goals and the implementation of programs of the public body. amateur performances at the place of its creation (Article 12 of the Law on Public Associations).

Legal status political party determined by a separate block of legislation. At the same time, the issue of state registration of a political party is also regulated separately, so it will be considered in a separate article. paragraph.

Thus, the essential property of a public association is the expression of the interests of a certain stratum of society (a group of citizens), for example, business circles, youth, women, pensioners, veterans, etc. Accordingly, the goals pursued by such associations are quite significant and necessary for society. Not without reason, therefore, public associations are the basic integral part civil society that controls the activities of the state *(116) . Important in this sense is the norm enshrined in Part 1 of Art. 17 of the Law on Public Associations. According to it, the interference of public authorities and their officials in the activities of public associations, as well as the interference of public associations in the activities of public authorities and their officials, is not allowed, except in cases specified by law.

One such exception is the state registration of public associations as legal entities. The Law on Public Associations fixes some features of the special procedure for registration.

So, there are some special requirements for applicants. For example, the founder of an association can be both an individual who has reached the age of eighteen (despite the fact that citizens of a much younger age can be members of a public association), and other legal entities - public associations. Foreign citizens and stateless persons legally residing on the territory of the Russian Federation may also be founders of public associations, with the exception of cases established by international treaties of the Russian Federation or federal laws. One of such exceptional cases is established in the Law on Public Organizations itself (Article 19). According to federal law dated January 10, 2006 N 18-FZ "On Amendments to Certain Legislative Acts of the Russian Federation", which introduced additions and amendments to the Law on Public Associations, cannot be founders of a public association:

1) a foreign citizen or a stateless person in respect of whom, in accordance with the procedure established by the legislation of the Russian Federation, a decision has been made on the undesirability of their stay (residence) in the Russian Federation;

2) a person included in the list of organizations and individuals in respect of which there is information about their participation in extremist activities *(117) ;

3) a public association whose activities have been suspended in accordance with Article 10 of the Federal Law of July 25, 2002 "On counteracting extremist activity";

4) a person in respect of whom, by a court decision that has entered into legal force, it has been established that his actions contain signs of extremist activity;

Neither state authorities nor local self-government bodies can act as participants in public associations.

Accordingly, applicants for registration of a public association during its creation may be: a) the founder (founders) - natural persons; b) the head of another public association acting as the founder of the registered association; c) another person acting on the basis of the authority provided for by federal law, or by an act of a specially authorized person to do so; government agency or an act of the local government.

When registering a public association in connection with its liquidation, only the liquidation commission or the liquidator may act as applicants.

Applicants for registration of amendments to the charter and (or) the state register may be a) the head of the permanent executive body of the legal entity being registered, and in the absence of such, another person who has the right to act on behalf of this legal entity without a power of attorney; b) another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local self-government body.

Similar to the latter is the list of possible applicants for state registration of a public association established through reorganization. Applicants for state registration of the creation of regional or local branches of all-Russian or interregional public associations are exclusively the all-Russian or interregional public association, respectively.

For state registration of a public association during its establishment, authorized applicants, within three months from the date of the founding congress (conference) or general meeting, which decided to register the public association as a legal entity, submit the necessary documents to the body that decides on state registration. Such documents according to par. 6 art. 21 of the Law on Public Associations are:

1) an application signed by members of the permanent governing body of the public association, indicating their last names, first names, patronymics, place of residence and contact numbers;

2) the charter of the public association in triplicate;

3) an extract from the minutes of the founding congress (conference) or general meeting, containing information on the creation of a public association, on the approval of its charter and on the formation of governing bodies and a control and audit body;

4) information about the founders;

5) a document confirming payment of the state fee;

6) information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out;

7) minutes of founding congresses (conferences) or general meetings of structural divisions for international, all-Russian and interregional public associations;

8) when a public association uses the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection intellectual property or copyright, as well as the full name of another legal entity as part of own name- Documents confirming the right to use them.

The application form for the state registration of a public association is approved in Decree of the Government of the Russian Federation of April 15, 2006 N 212. The rules for filling out this form are similar to the rules that apply to filling out an application for registration of a legal entity with ordinary status. It is only necessary to point out the following features.

According to Article 14 of the Law on Public Associations, all-Russian public associations are allowed to use in their names the words and phrases "Russia", "Russian Federation" and words and phrases formed on their basis without special permission from the competent state body.

For the body that decides on registration, the goals of creating a public association (the so-called statutory goals), which are indicated in the application, are also important. At the same time, the goals of the association indicated in the application must fully correspond with the goals enshrined in the charter of the public association.

The charter is the only founding document of a public association. According to Article 20 of the Law on Public Associations, it must contain the following information:

1) the name, goals of the public association, its organizational and legal form;

2) the structure of the public association, its governing and control and auditing bodies, the territory within which this association operates;

3) the conditions and procedure for acquiring and losing membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);

4) the competence and procedure for the formation of the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;

5) the procedure for introducing amendments and additions to the charter of the public association;

6) sources of formation of funds and other property of the public association, the rights of the public association and its structural subdivisions for property management;

7) the procedure for reorganization and (or) liquidation of the public association. All copies of the charter (three copies are required) are submitted in originals. The pages of the charter must be numbered, stitched, and the charter itself is certified by the head of the public association.

An important fact in the activities of a public association is the decision of the congress (conference) or general meeting on the creation of a public association, on the approval of its charter and on the formation of governing and control and audit bodies. It is from the moment these decisions are made that a public association is considered established: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes obligations stipulated by law (Article 18 of the Law on Public Associations). Due to the importance of these decisions, they (in whole or in the form of extracts from the protocol) must be submitted to the body that makes a decision on the state registration of a public association. The extract is submitted in two copies and must contain the following data: date and place of the founding congress (conference) or general meeting; the list of founders - participants of the founding congress (conference) or general meeting; information on the quantitative and personal composition of the working bodies (presidium, secretariat, etc.); creature decisions taken and the results of voting on them; information (surnames, first names, patronymics) about elected members of the governing and control and audit bodies, last names and signatures of the chairman and secretary of the congress (conference) or general meeting responsible for compiling the minutes.

Information about the address (location) of the permanent governing body of the public association, through which communication with the public association is carried out, is drawn up in any form. However, they must necessarily contain the following data: the name of the subject of the Russian Federation, district, city, other settlement, street, house number, apartment.

In addition, in order to register an international, all-Russian or interregional public association, it is necessary to submit the minutes of the founding congresses (conferences) or general meetings of their structural divisions to the body that decides on registration.

If a public association uses the personal name of a citizen, symbols protected by Russian legislation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name, the body that decides on the state registration of such an association will need an additional document confirming the authority associations for the use of similar products. A document confirming the authority of a public association to use the names of statesmen and public figures in its name is a decision on this issue by the relevant executive authorities of the Russian Federation at the location of the permanent governing body of the association. And a document confirming the authority of a public association to use symbols protected by Russian legislation on the protection of intellectual property may be a registration certificate of the State Patent Office of the Russian Federation, a decision of a judicial authority or another document of title.

To register a branch of a public association, all the listed documents certified by the central governing body of the public association, as well as a copy of the document on state registration of the public association (copy of the State Registration Certificate of the public association) are submitted to the territorial body of the Federal Registration Service for the subject of the Russian Federation. The state registration of a branch of a public association is carried out in the manner provided for the state registration of public associations. If a branch of a public association does not accept its charter and acts on the basis of the charter of the public association of which it is a branch, the central governing body of this association notifies the territorial body of the federal body of state registration in the relevant subject of the Russian Federation of the existence of the said branch, its location , provides information about its governing bodies. In this case, the said branch acquires the rights of a legal entity from the moment of state registration (Part 9, Article 21 of the Law on Public Associations).

All documents must be submitted in the state language of the Russian Federation - Russian.

The term of state registration of a public association depends on the fact being registered. Thus, the period for registering the facts of the creation, reorganization of a public association, amendments to the charter of the association or information about the association in the Unified State Register of Legal Entities is thirty days. And the period of registration of a public association in connection with its liquidation is much lower and amounts to ten days.

Upon the expiration of the registration period, the body of the Federal Registration Service must make one of the following decisions: either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

Unlike the registration of legal entities with an ordinary status, where the verification of the submitted documents is carried out exclusively formally, the decision to register a public association is based on a more thorough verification of the submitted documents. Let's call it quality control. In accordance with the Order of the Ministry of Justice of March 25, 2003 N 68, it includes an analysis of the charter and other "constituent documents" *(118) public association in terms of:

1) compliance with the Constitution of the Russian Federation, the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs", the Federal Law "On Public Associations", federal laws on certain types of public associations;

2) availability complete list constituent documents required by law;

3) compliance with the proper procedure and correct execution of constituent documents;

4) the reliability of the information contained in the constituent documents submitted for state registration;

5) compliance of the name of the public association with the requirements of the law;

6) the presence in the Unified State Register of Legal Entities of a registered public association with the same name in the territory within which this association operates.

To implement the tasks set, the bodies that decide on the registration of a public association, if necessary, have the right (clause 2.2. Order of the Ministry of Justice of the Russian Federation of March 25, 2003 N 68):

1) to receive for familiarization from the association that applied for state registration the original copies of constituent documents and other materials;

2) receive information and explanations from representatives of public associations and other interested persons and organizations on issues related to the state registration of an association;

4) receive expert opinions on issues arising in connection with the state registration of the association;

5) perform other actions arising from the requirements of the law.

In the event of any comments on the submitted documents that require revision, but do not prevent the adoption of a decision on the state registration of the relevant public association, the bodies making the decision on registration may officially bring these comments to the attention of the permanent governing body of this association in writing. However, editing documents already under consideration is not allowed. A public association has only the right to either continue the registration procedure according to previously submitted documents, or, upon a written application, return the materials submitted to the bodies of the Federal Registration Service. True, the second option is possible only if the decision on state registration of the public association has not yet been made.

After the expiration of one month from the date of acceptance of the documents, the body of the Federal Registration Service is obliged to make either a decision on state registration of a public association, or a decision to refuse state registration of a public association.

The decision to refuse the state registration of an association can come only under strict legal regulation, which is contained in Article 23 of the Law on Public Associations. According to its content, the grounds for refusal are the following situations:

1) if the charter of a public association contradicts the Constitution of the Russian Federation and the legislation of the Russian Federation;

2) if an incomplete list of documents required for state registration determined by the Federal Law "On a Public Association" is submitted, or these documents are drawn up in an improper manner or submitted to an improper authority;

3) if a person acting as a founder of a public association cannot be a founder;

4) if a previously registered public association with the same name operates within the same territory;

5) if it is established that the submitted constituent documents contain unreliable information;

6) if the name of a public association offends morality, national and religious feelings of citizens.

Based on the presented list of grounds, the following conclusions can be drawn.

Denial of state registration of a public association on the grounds of the inexpediency of its creation, as well as on other grounds not specified in the list, is not allowed.

Refusal to state registration of a public association is made in the form of a conclusion approved by an authorized person of the Ministry of Justice of the Russian Federation or its territorial body. Not later than one month from the date of adoption of the relevant conclusion, the applicants are informed of this in writing, indicating the specific provisions of the legislation of the Russian Federation, the violation of which resulted in the refusal of state registration of this association.

Denial of state registration, as well as evasion of such registration, may be appealed to a higher authority or a court of general jurisdiction.

If the procedural actions of the body of the Federal Registration Service for checking documents did not reveal any violations, the latter, within thirty days from the date the applicant submitted the documents, decides on the state registration of the public association.

On the basis of this decision and the information and documents submitted, the authorized registering body, within a period of not more than five working days from the date of receipt of these information and documents, makes an appropriate entry in the Unified State Register of Legal Entities and no later than the working day following the day such an entry is made, informs the body who made the decision on the state registration of the public association.

The body of the Federal Registration Service, no later than three working days from the date of receipt from the authorized registering body of information on the entry in the Unified State Register of Legal Entities about the public association, shall issue to the applicant a certificate of state registration.

A public association is understood as a voluntary, self-governing, non-commercial formation created on the initiative of citizens united on the basis of common interests to achieve the common goals specified in the charter of this organization. Public associations may be created in one of the following organizational and legal forms: public organization, social movement, public fund, a public institution, a body of public amateur performance, a political public association or a union (association) of public associations. The founders of public associations can only be individuals and (or) public organizations (both Russian and foreign).

According to the Law of the Russian Federation "On Public Associations", the decision on the state registration of a public association is made by the federal executive body in the field of justice or its territorial subdivision. An entry on the establishment of a public association in the Unified Register of Legal Entities is carried out by an authorized body - tax office, according to the Federal Law "On State Registration". Thus, it is clearly seen that the creation and registration of public associations has its own characteristics, like other non-profit organizations, this applies to the procedure itself, and the package of documents, and others. important points Therefore, the help of an experienced specialist is often needed.

In order to carry out state registration of public associations, it is necessary to submit the following package of documents for registration to the federal body of justice or its corresponding territorial structural unit: public organization, institution, movement, etc.:

a statement signed by members of the continuously functioning governing body of the organization, noting their last names, first names, patronymics, places of residence and Contact phone numbers(in 2 copies);
name of the public association;
charter of a public association (in 3 copies);
an extract from the minutes of the general meeting containing information on the establishment of a public association, on the approval of its charter and on the corresponding creation of a governing and controlling body;
information about the founders (in 2 copies);
a document confirming the fact of payment of the state fee;
information about the address, location of the continuously functioning governing body of the public association, through which communication with the public association is carried out;
minutes of constituent congresses (conferences) or general meetings of structural units, if we are talking about international, all-Russian and interregional public associations;
if a public association uses given name a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, it is necessary to submit documents confirming the authority to use them;
information about the chief accountant of the public association (copy of passport, postal code of registration, contact phone number);
information about the bank in which it is planned to open a current account (name, address, contact phone number).

The term for registering a public association is about one and a half months. So, in particular, at the first stage within 30 days. The Ministry of Justice must decide on the state. registration of the association (or refuse). After that, in case of a positive decision, they proceed to the second stage: information about the new legal entity is entered in the Unified State Register of Legal Entities (5 working days) and an appropriate certificate is issued (3 working days). In addition, it is necessary to carry out tax registration, open a bank account, receive codes from the State Statistics Committee, etc., which can also take about 5-10 days.

The procedure for creating public associations is quite painstaking and time-consuming, requiring knowledge of many legal subtleties and experience. Not everyone knows how to create such a non-profit organization. Therefore, we offer you professional help in the registration of a non-profit organization in the form of a public association. Turning to us, you can be sure that the state registration of public associations will be carried out by professionals. In addition, we always give guarantees for our services, which will also become a confirmation of the reliability of cooperation with us for you.

Basic cost of registration of public associations

Registration of a public association in the form of a public organization, movement, fund, institution, etc. and its cost depend on many factors: which form you choose, whether you need additional services: making a seal, opening a bank account, etc. In addition, you can also choose from us a legal address for which the registration of a public association: institutions, movements, etc. will definitely be successful.

The standard package of services for registering a public association includes:

free consultation on all issues of registration of a public association;
preparation of registration documents;
payment state fees and fees;
support of the registration procedure with the Federal Registration Service with obtaining a certificate of state registration of the organization;
receiving a letter from the State Statistics Committee on the assignment of codes;
tax registration;
registration in off-budget funds;
production of automatic printing.

In addition, our company offers a number of additional services for registration and support of a non-profit organization in the form of a public association. We can offer full support when it is necessary to register a public association in the form of a public organization, institution, foundation, movement, etc.

Additional services provided upon registration of public associations

In today's market legal services registration of non-profit organizations is an extremely demanded product, but, nevertheless, a piece. This is due to the fact that the state registration of a public organization, movement, fund, etc. has many nuances that not even every lawyer knows about. In addition, the lack of unambiguous and clear legislation governing the registration and activities of non-profit organizations makes this field of knowledge extremely complex and multifaceted, so not every specialist will undertake the registration of a non-profit organization.

Our specialists have many years of experience in the field of registration of non-profit organizations in the form of a public association, and we offer you reliable and professional assistance. You can also be sure that the registration of your public organization or foundation will take into account all legislative norms and the procedure for creating such associations, and the price of this service will pleasantly surprise you with its democratic nature, along with its high quality. Trust only true professionals!