In accordance with Article 50 of the Civil Code, all legal entities in the Russian Federation are divided into commercial organizations and non-profit.
The purpose of commercial organizations is to make a profit and distribute it among all participants.
The list of types of commercial organizations is closed. These include:
1) business companies and partnerships;
2) unitary, state municipal enterprises ;
3) production cooperatives.
Non-profit organizations are created by individuals and legal entities. Nonprofit organizations do not set a profit goal. They have the right to carry out entrepreneurial activity, but the profit cannot be distributed among the participants, it is spent in accordance with the goals for which the organization was created. During the creation of a non-profit organization, a bank account, estimate and personal balance must be formed. The list of non-profit organizations indicated in the code is not exhaustive.
So which legal entities belong to non-profit organizations?
Nonprofit organizations include:
1) Religious, social organizations and associations.
Carry out activities in accordance with the purposes for which they are created. Participants are not liable for the obligations of organizations, and those in turn are liable for the obligations of members;
2) Non-commercial partnerships - established by citizens or legal entities. persons and non-profit organizations based on the principle of membership, to assist members of the organization in carrying out activities that are aimed at achieving their goals;
3) The form of a non-profit organization is also an institution - this is an organization financed by the owner, which was created to carry out managerial and other functions of a non-profit nature. If the property of the institution is insufficient, the owner bears subsidiary liability for obligations.
4) Autonomous non-profit organizations. They are created to provide services in the field of education, culture, healthcare, sports, and other services based on property contributions.
5) Non-profit organizations include various kinds of funds. A foundation is an organization that does not have a membership, pursuing charitable, social, cultural goals and created on the basis of property contributions. She has the right to engage in achieving the goals of creating entrepreneurial activity.
6) Associations and unions. They are created by commercial organizations in order to coordinate entrepreneurial activity and protect property interests.
7) Non-profit organizations also include consumer cooperatives - associations (voluntary) of citizens and legal entities created to meet material and other needs on the basis of combining mutual property contributions.
8) and others.
Each form of non-profit organization has its own characteristics that meet the goals of its creation.
Creation of a non-profit organization.
Within 2 months, registration takes place. To register, prepare the documentation:
- containing information about the founders;
- information about the location address;
- Application for registration, notarized;
- constituent documents;
- The decision to create a non-profit organization;
- receipt of payment of state duty.
A non-profit organization was created from the moment of state registration, after which it can carry out its activities. Such an organization does not have a term of activity; therefore, it may not re-register. In the event of the liquidation of a nonprofit organization, payments are made to all creditors, and the remaining funds are spent for the purpose for which the organization was created.