Law, State and Law
The Federal Law "On Non-Profit Organizations" (last edition)
In any state there is a huge number of non-profit organizations. These are quite important for the society of education, whose purpose is not to make profit, but to achieve some goals necessary for the society. The effect of such instances in the Russian Federation is governed by the Federal Law "On Non-Profit Organizations." The main provisions of this bill will be discussed in the article.
About non-profit organizations
As a rule, non-profit organizations are created to achieve certain specific goals: managerial, cultural, social, charitable, educational, scientific, etc. Any public good, like 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, first and foremost, socially oriented.
The Federal Law "On Non-Profit Organizations", namely its second article, states that the associations under consideration can only be created in strict accordance with the forms established by law.
Subject of regulation
The main subject of the Federal Law "On Non-Commercial Organizations" is the civil status of the instances submitted. Types and types of associations of non-commercial type, their organizational and legal forms, funding opportunities - all this is included in the subject of this bill.
Federal Law No. 7 "On Non-Commercial Organizations" defines the procedure for the formation and functioning of the instances submitted in the territory of the Russian Federation. However, the law does not apply to cooperatives of consumer type, to partnerships consisting of homeowners, as well as to civic associations of a non-commercial type. State bodies and corporations do not regulate the law in question.
Legal Status
The federal law "On non-profit organizations" fixes the legal status of the instances in question. Thus, an association of a non-commercial type should be established 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 respond. Any non-profit association must have its balance and estimate.
It is also worth noting that the organizations under consideration can open accounts in banks, establish terms of work, and publish their own symbols in the form of coats of arms, emblems, heraldic signs, flags or hymns. In this case, the symbolism must comply with the requirements of the law (should not offend anyone). Symbols should be registered in the appropriate authorities.
Types of non-profit organizations
The entire second chapter of the bill is devoted to the main types of non-profit organizations. Thus, Article 6 of the Federal Law (No. 7 FZ) "On Non-Profit Organizations" refers to religious and public organizations. Such associations are created to meet the spiritual or other immaterial needs of citizens. Article 6.1 refers to the establishment of small indigenous communities. The necessity of their creation is most likely obvious: the preservation of the traditions and customs existing in the community. Article 6.2 refers to the formation of Cossack societies. The goal here is to revive and popularize the Russian Cossacks.
Article 7 of the Federal Law "On Non-Profit Organizations" provides for the creation of charitable or any other socially-directed funds. Rules of creation, requirements for the functions of funds, responsibility for violations - all this is present in the seventh article. A similar theme is also present in Article 7.1, which deals with state corporations. The main difference between the fund and the state corporation is the degree of subordination to the authorities. Article 7.2 deals with a state-owned company, an organization that has no membership, and which was created by the Russian authorities to provide public services.
Article 8 deals with so-called non - profit partnerships - associations based on membership. Finally, Article 9 provides information on private institutions - special associations created by the private owner.
Activities of non-profit organizations
The main activities of the associations under consideration are also considered in the Federal Law "On Non-Commercial Organizations". Articles 7-10 discussed the types of such associations, but did not say anything about their functioning. Article 24 of the bill in question fixes the main types of activity of organizations of a non-commercial type. Here it is worth noting that associations can perform both one and several types of functioning. The most important here is the absence of contradictions in the legislation of the Russian Federation and compliance with the goals set earlier. However, the law may impose some restrictions on the operation of non-profit organizations, but only on the basis of special licenses.
Unions of a non-commercial type have the right to engage in entrepreneurial activities, but only if it contributes to the achievement of the established goals.
On the establishment of a non-profit organization
Article 13 of the draft law establishes the basic principles for the formation of a non-profit organization. Of course, everything here will depend on the type of association. However, there is a somewhat generalized mechanism in accordance with which non-profit organizations should be established.
As a rule, associations of a non-commercial type are formed by their establishment or reorganization of another association. The decision on the establishment of the organization shall be made, respectively, by the founder. In his role can act:
- Government of the Russian Federation.
- Local administration of the municipality.
- Private individual.
- Entity.
The founders themselves will be discussed in detail below.
About the founders
The federal law of the Russian Federation "On non-profit organizations" states that founders of associations of the type in question 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 the law:
- Foreigners or persons who do not have citizenship, in relation to whom the decision "On the undesirability of staying on the territory of the Russian Federation" was adopted;
- Association or organization whose activities are restricted or suspended by laws;
- Citizens in respect of whom cases have been filed for the maintenance of extremist signs in their actions.
It is also worth noting that the constituent entities of the Russian Federation become founders for the creation of budgetary or state organizations in the Russian Federation. Municipalities act as the founder for the establishment of municipal public or budgetary education.
Liquidation of a non-profit organization
Like any other organization, a non-profit association must be liquidated in a special order, and also in full compliance with legal requirements and norms. Thus, Article 19 of the Federal Law "On Non-Profit Organizations" (last version of December 19, 2016) states 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 order of closure of the organization.
At the same time, the term for making claims can not be less than two months from the date of publication of data on liquidation of the association. Further, the liquidation commission is obliged to draw up a so-called interim balance sheet, in which all basic information about the composition of the organization's property should be indicated. After the liquidation commission settles accounts with the creditors, the founders of the non-profit organization will make the appropriate decision to close the association.
Control
At the moment, there is no single management order for non-profit organizations. The structure, order of formation, terms of operation, management methods and much more - all this is fixed by local acts of the organization itself.
Thus, the most important setting here is only compliance with the legislation of the Russian Federation.
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