A nonprofit unitary organization is a collective concept that unites 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 NUO. Since at present there are quite a few legal entities working in this form, the features of the organization’s functioning are important for those who work in foundations, who plan to create such a structure or conclude an agreement with it.
About funds
A foundation is a nonprofit unitary organization that does not require members. The founders may be individuals, legal entities. The foundation of the fund is voluntary contributions in the form of property. A foundation can only be called a person who was created to achieve a certain social goal, including those related to cultural development or charity.
The basic document regulating the work of the organization is its charter. It must indicate the full name of the structure, which should include the word “fund” directly. This non-profit unitary organization in the charter 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 a legal entity are, to indicate the highest collegial structure. The charter is a source of comprehensive data on the trustee structure responsible for monitoring the work of a legal entity. The documentation establishes the procedure for appointing applicants for positions within the fund, release from obligations. The charter should contain sufficiently detailed information regarding a possible liquidation procedure. 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
A foundation is a nonprofit unitary organization whose charter may be adjusted by court decisions. A case in which such a decision can be made is initiated by a statement of one of the organization’s bodies or a government agency that has the authority to control the work of this legal entity. They apply to the court if the preservation of the charter documentation in its original form can provoke consequences, when the structure is formed unpredictable, while the collegial body refuses to make changes. To learn more about the current capabilities 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.
A special unitary enterprise is a non-profit organization formed in the format of a pension fund. Its position is governed 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 normative act adopted to declare the work of such structures.
A fund is such a unitary enterprise, a non-profit organization that disposes of property received from the founder (there may be several of them). Everything that is transferred to the structure becomes property, the founders do not retain any rights to property with respect to the formed legal entity. Accordingly, they also do not need to take responsibility for the obligations that the structure has undertaken. This is true in the opposite direction: no matter what the constituent obligations, the formed fund has no need to report on them. The property obtained by the structure is used in order to achieve the goals specified in the charter documentation. From year to year, such an organization must present to the public statements showing how it manages property benefits.
Supreme collegiate body
A foundation is a non-profit unitary organization managed by such a body. She 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 the allocation of the most important areas of the organization’s functioning, as well as the determination of the principles according to which the property base is formed, which is used for the benefit of the legal entity. The collegial body approves the reporting for the year, including the entire reflecting financial situation, and makes a decision on the formation of the company, the inclusion of such in the organization. If the charter spells out the possibility of its correction by this body, then only the collegial structure can make changes. Her area of ​​responsibility is the approval of transactions permitted by legislative acts.
A foundation is a non-profit unitary organization whose highest structure with the preferences described above can be created individually for those who are vested with executive power. In some cases, assignment obligations are transferred to the board. In the structure of the organization there is also collegiate Spanish. organ (possibly sole). He must deal with problems that are not included in the area of ​​the sphere of only the highest authority.
The nuances of work
A feature of a unitary non-profit organization of stock type can be called the opportunities given to some participants in the enterprise. If those are authorized to act on behalf of the organization, they must compensate for losses if such were the fault of the foundation. 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 statement. Liquidation will be needed if the property that the organization has is not enough to achieve the planned goals, while the probability of receiving the missing is estimated as vanishingly small. The court may decide on liquidation if it is not possible to achieve the goals stipulated by the charter, and it is impossible to change them. The decision of the court may be caused by the evasion of the organization from the goals specified by the charter 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 a legal entity. Its scope of obligation is to monitor how different bodies make decisions and carry out their plans, use the accumulated funds. The Board of Trustees must monitor compliance with regulations. His activities are implemented on a voluntary basis.
An example of a fund is the NNO Krasnodar Territory Fund for the Overhaul of Apartment Buildings.
Institutions
Non-profit unitary organizations of this type are formed by some owners. The main goal of creating a legal entity is to manage, develop culture, solve social problems, as well as provide other functions that cannot be called commercial. The founder is the one who owns the property of the new facility. 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 processing operational management from the current wording of the first paragraph of Article 123 of the Civil Code (21 parts). Any owner has the right to create a legal entity. The current practice is such that in our state, institutions are mainly formed by municipalities, a state.
Studying corporate and unitary non-profit organizations, their features and qualities, you need to pay special attention to the person with whom the work of a legal entity begins. If we are talking about institutions, the founder determines the legal entity to belong to a certain group. Perhaps a private institution - this forms a legal entity or person. There are municipal, state. Responsibility for their creation took on either the subjects of the state, or education, or the country as a whole. The process of forming a new institution does not allow for joint founding. It is impossible to form a NUU, the initiators of which would be a municipality and a private individual.
Rules and money
Commercial and non-profit unitary organizations live on different means and according to different laws - for each category of legal entities, their own rules have been developed, operating 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 the 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 can exist for the implementation of tasks assigned to self-government structures or state institutions. Spheres of culture, social protection, health 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 the number 174. You can find out about budget institutions by studying the regulations on non-profit organizations. The key is the federal law adopted for their regulation. No less important is the Budget Code of our country.
Treasury - this is such a form of non-profit unitary organization, which involves the 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 get the money for existence from. 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-government structure. This person becomes the main manager of the money coming from the budget to ensure the work of the institution. Revenues arising from the activities of a legal entity are directed to the state’s budget. The conclusion of contracts and agreements is possible only within the limits agreed upon for a particular legal entity. The institution concludes those on behalf of the state.
Charters and Organization
A budgetary, state-owned institution as the organizational and legal forms of non-profit unitary organizations should be created taking into account the existing requirements stipulated by laws. In particular, the charter of such a legal entity must necessarily contain information on belonging to a particular type. The charter should describe in detail who the owner is, what kind of activity the established institution can conduct, what its goals are. 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 of activity of the managing structures of the institution.
Non-profit unitary organizations are autonomous institutions. In their charter, it is mandatory to list all the important information about the legal entity. When compiling a charter, one should be guided by a specialized normative act adopted to regulate the work of autonomous institutions. The founder has the right to determine the head. It can be chosen by collegial bodies if there is a situation that satisfies the laws. The responsibility for the approval of the collegial body lies with the founder of the legal entity.
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 the state authorities with the appropriate authority, as well as self-government structures, which are entrusted with the authority to share the money allocated from the budget. If the institution is private, the activity is provided at the expense of property transferred under the rules of operational management. Property may include cash. The institution must be responsible for all obligations associated with the money that it has available. If the situation is as specified in the law, you must also take responsibility for other property obligations. If there is not enough money at the disposal of the institution, the responsibility lies with the owner. Detailed details can be clarified in the 123rd article of the Civil Code, the 23rd part, the second paragraph, and in the 22nd part, in paragraphs four to six.
Autonomous organization
Such may be a unitary legal entity, the formation of the contributions of individuals, legal entities. The purpose of the institution is to provide services in the field of education, science, culture, and health care. You can create an autonomous organization that would engage in other areas of social life, while not being commercial. A distinctive feature in comparison with the institution is the possibility of joint work of several founders, which can be legal entities, individuals in any combination.
Example: ANO "Nanocertifica".
Should know
Non-profit organizations - state unitary enterprises, institutions, funds - these are such legal entities whose existence is not intended for profit. These persons do not have the right to distribute profit among the participants, even if it was received. Only legal entities that are not faced with the task of making a profit and sharing it can be non-profit. These types of legal entities are formed to serve the public interest and increase the amount of goods needed by people. Some organizations are being formed in order to improve people's health and satisfy various needs besides material ones. There is a legal entity created to protect legal interests, laws, as well as the exclusion of conflict situations and finding solutions in the formation of those. Other goals may be pursued if they ultimately provide some social benefit.
Any non-profit organization, state unitary enterprise, fund and other form is the type of legal entity that is subject to registration at the state level. Formation takes place without indicating in advance the period of the institution, if one 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 possessing the appropriate powers of a person. 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 where you can contact the legal entity.
About the rules and regulations
Non-profit organizations include unitary enterprises, funds, institutions, autonomous and state-owned, budgetary and private legal entities that have passed the registration procedure in full and on time. The laws stipulate the need to send documentation in the first quarter of the year after a decision is made declaring the establishment of a legal entity. Without fail, such a person must have his own estimate or have a balance. There are several forms permitted by laws, and the founders can choose the best 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. The formats that unite people on some social basis or religion are in demand. Non-profit communities include those created to defend the interests of small ethnic groups or other groups. This category includes, for example, Cossack societies.
Non-profit organizations include unitary state enterprises, funds, communities, unions, institutions that have property in the form of money and in a different form.These can be obtained as voluntary investments, founding income, as well as profits from the sale of products and services. In the presence of a deposit, securities, a non-profit legal entity has a profit, which is also included in its property. You can use the property in the property, making a profit. In general, all non-profit legal options are available to a non-profit legal entity that are not prohibited by law. The laws also enshrine a number of rights. Non-profit legal entities can open bank accounts in our country and outside its borders, they have the opportunity to print, the text on which is in Russian. You can have forms, stamps on which the name is indicated. A non-profit organization is entitled to register, following the procedure stipulated by laws, an individual emblem.