In any state there is a huge number of non-profit organizations. These are quite important formations for society, which have as their goal not profit making, but the achievement of some goals necessary for society. The action of such authorities in the Russian Federation is regulated by the Federal Law "On Non-Profit Organizations". The main provisions of this bill will be considered in the article.
About non-profit organizations
As a rule, non-profit organizations are created to achieve some specific goals: managerial, cultural, social, charitable, educational, scientific, etc. Any public good, such as resolving a dispute or conflict, protecting rights or interests, satisfying material or spiritual needs - All this can be the goals of a non-profit association. Thus, such organizations are primarily socially oriented.
The Federal Law "On Non-Profit Organizations", namely its second article, states that the associations in question can be created only in strict accordance with the forms established by law.
Subject of regulation
The main subject of the Federal Law "On Non-Profit Organizations" is the civil law status of the authorities. The types and types of associations of a non-commercial type, their organizational and legal forms, financing opportunities - all this is included in the subject of this bill.
Federal Law No. 7 "On Non-Profit Organizations" defines the procedure for the formation and functioning of the authorities in the territory of the Russian Federation. Moreover, the law does not apply to consumer-type cooperatives, to partnerships consisting of homeowners, as well as to non-commercial type civic associations. State bodies and corporations do not regulate the law in question.
Legal status
The Federal Law "On Non-Profit Organizations" enshrines the legal status of the authorities in question. So, a non-profit type association should be created as a legal entity from the moment of its registration by the state. It must have in the ownership and management of certain property for which it is obliged to answer. Any non-profit association should have its own balance and budget.
It is also worth noting that the organizations in question can open bank accounts, set deadlines, and publish their own symbols in the form of emblems, emblems, heraldic signs, flags or anthems. Moreover, the symbolism must comply with the requirements of the law (should not offend anyone). Symbols must be registered with the appropriate authorities.
Types of Nonprofit Organizations
The entire second chapter of the bill is devoted to the main types of non-profit organizations. So, in article 6 of the Federal Law (No. 7 of the Federal Law) "On Non-Profit Organizations" it is said about religious and public organizations. Such associations are created to meet the spiritual or other intangible needs of citizens. Article 6.1 speaks of the establishment of indigenous communities. The need for their creation is most likely obvious: preserving the traditions and customs existing in the community. Article 6.2 provides for the formation of Cossack societies. The goal here is the revival and popularization of the Russian Cossacks.
Article 7 of the Federal Law "On Non-Profit Organizations" provides for the establishment of charitable or any other socially-oriented funds. The rules of creation, requirements for the functions of funds, responsibility for violations - all this is present in the seventh article. A similar topic is present in article 7.1, which deals with state-owned corporations. The main difference between the fund and the state corporation is the degree of subordination to the authorities. Article 7.2 refers to a state-owned company, an organization that does not have a membership and was created by the Russian authorities to provide public services.
Article 8 refers to the so-called non - profit partnerships - membership-based associations. Finally, Article 9 provides information on private institutions - special associations created by a private owner.
Activities of non-profit organizations
The main activities of these associations are also considered in the Federal Law "On Non-Profit Organizations". Articles 7–10 spoke of the types of associations, but did not say anything about their functioning. Article 24 of the draft law enshrines the main activities of non-profit organizations. It is worth noting here that associations can carry out either one or several types of functioning at once. The most important thing here is the absence of contradictions to the legislation of the Russian Federation and compliance with the goals set earlier. Moreover, the law may impose some restrictions on the operation of non-profit organizations, but only on the basis of special licenses.
Non-profit associations are entitled to engage in entrepreneurial activity, but only if this will contribute to the achievement of established goals.
About creating a non-profit organization
Article 13 of the draft law enshrines the basic principles of the formation of a non-profit organization. Of course, here everything will depend on the type of association. However, there is a somewhat generalized mechanism according to which nonprofit organizations should be created.
As a rule, non-profit associations are formed by their establishment or reorganization of another association. The decision to establish an organization is taken, respectively, by the founder. In his role may be:
- Government of the Russian Federation.
- Local administration of the municipality.
- Private individual.
- Entity.
The founders themselves will be described in detail below.
About the founders
The Federal Law of the Russian Federation “On Non-Profit Organizations” stipulates that the founders of associations of this type can only be capable citizens or legal entities - including foreigners and stateless persons. However, everything will depend, first of all, on the organizational and legal forms of the organization itself. And who can not act as a founder? Here is who the law points to:
- foreigners or stateless persons in relation to whom the decision “On the undesirability of staying on the territory of the Russian Federation” has been taken;
- an association or organization whose activities are restricted or suspended by law;
- citizens in respect of whom cases have been instituted on the content of extremist signs in their actions.
It is also worth noting that the constituent entities of the Russian Federation become founders to create budgetary or state-owned organizations in the Russian Federation. Municipal entities act as the founder to create a municipal treasury or budget entity.
Liquidation of a Nonprofit Organization
Like any other organization, a non-profit association must be liquidated in a special manner, as well as in full compliance with legal requirements and norms. So, article 19 of the Federal Law "On Non-Profit Organizations" (last revised on 12/19/2016) stipulates that a special liquidation commission should be created, which is obliged to do the following:
- place information on the state registration of the organization in the press;
- announce the closure of the association;
- declare the timing and procedure for closing the organization.
At the same time, the deadline for making claims cannot be less than two months from the date of publication of data on the liquidation of the association. Further, the liquidation commission is obliged to draw up the so-called interim balance sheet, in which all basic information on the composition of the property of the organization should be indicated. After the liquidation commission settles with the creditors, the founders of the nonprofit organization will take an appropriate decision to close the association.
Control
At the moment, there is no single procedure for managing non-profit organizations. The structure, formation order, terms of functioning, management methods and much more - all this is fixed by local acts of the organization itself.
However, if the founder of an NPO is the Government of the Russian Federation, then the relevant charter may provide only for the methods for forming and managing the association as provided for by the Federal Law.
Thus, the most important installation here remains only compliance with the legislation of the Russian Federation.