The procedure for the establishment and operation of non-profit organizations in Russia is primarily regulated by the Civil code of the Russian Federation, the Federal law of January 12, 1996 N 7-FZ "on non-profit organizations" and other legislative documents.
According to article 2 Of the law" on non-profit organizations " a non-Profit organization is an organization that does not have profit as the main purpose of its activities and does not distribute the profit among the participants. Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and management purposes, to protect the health of citizens, develop physical culture and sports, meet the spiritual and other intangible needs of citizens, protect the rights, legitimate interests of citizens and organizations, resolve disputes and conflicts, provide legal assistance, as well as for other purposes aimed at achieving public goods.
Non-profit organizations can be created in the form:
public or religious organizations (associations),
Autonomous non-profit organizations,
social, charitable and other funds,
Associations of legal entities (associations and unions), etc.
A non-profit organization is a legal entity and acquires legal capacity from the moment of its state registration.
A non-commercial organization has a separate property in its ownership or operational management, is responsible (except for institutions) for its obligations with this property, can acquire and exercise property and non-property rights on its own behalf, bear obligations, be a plaintiff and a defendant in court. A non-profit organization must have its own balance sheet or budget.
A non-profit organization is created without limitation of the term of activity, unless otherwise provided by the constituent documents of the non-profit organization.
Creation of a non-profit organization:
The non-profit organization is subject to state registration according to the Federal law of August 8, 2001 N 129-FZ "about state registration of legal entities and individual entrepreneurs" taking into account provisions of the Law "about the non-profit organizations".
See? registration of legal entities.
See? notification on the establishment of a representative office and a branch of a foreign non-profit non-governmental organization.
The constituent documents of non-profit organizations are:
For public organization (Association), Foundation, non - profit partnership, Autonomous non-profit organization and private or budget institution-Charter approved by the founders (participants);
For an Association or Union - a Memorandum of Association concluded by its members and the Charter approved by them.
For a state institution-the Charter or the regulation approved by the founder.
The founders (participants) of non-profit partnerships and Autonomous non-profit organizations have the right to conclude a Memorandum of Association.
Liquidation of a non-profit organization:
A non-profit organization can be liquidated on the basis and in the manner provided by the Civil code of the Russian Federation, the Federal law "on non-profit organizations" and other Federal laws.
It is important to note that in the liquidation of a non-profit organization, the property remaining after the satisfaction of creditors ' claims, unless otherwise provided for by this Federal law and other Federal laws, shall be sent in accordance with the constituent documents of the non-profit organization for the purposes for which it was created and (or) for charitable purposes. If the use of the property of the liquidated non-profit organization in accordance with its constituent documents is not possible, it is drawn to the income of the state.
ESC Consulting LLC", 2018