Charitable foundation is a commercial non-profit organization. – Social Insurance Fund of the Russian Federation

Recently, such type of activity as rendering assistance has been actively developing. The best way to implement it is to register. In Russia, there are many such organizations with different goals.

As a rule, they are created to help people in difficult situations, homeless animals, and so on. The goals of the activity are achieved by raising funds. However, not everyone who wants to help knows how to create such an organization. Further in the article, instructions for registration will be presented. charitable foundation.

Normative base

Before creating a charitable organization, it is necessary to carefully study the legislation.

Registration of a charitable foundation is carried out on the basis of the following provisions:

• Constitution.
• Federal Law "On charitable organizations" and "On

The future fund must open a bank account and keep records. One of mandatory conditions the work of the organization - the provision of annual reports on the expenditure of funds.

Important point

It should be understood that after registration, a charitable foundation cannot carry out activities aimed at making a profit. The work of the organization should be connected exclusively with the achievement of non-commercial goals.

Advertising and marketing

The success of the activity largely depends on the qualifications of employees, marketing strategy founders. It is also important to find volunteers, patrons, sponsors.

At the initial stage, it is necessary that as many people as possible learn about the fund. For this, an official website, thematic groups in social networks are usually created. in effective ways dissemination of information are considered to be the distribution of flyers, flash mobs, promotions, auctions, etc.

Financing

Before registering a charitable foundation, you need to consider a system for receiving contributions. These can be special donation boxes; on the website or in groups in social networks, you can create a special form through which caring people will transfer funds, including electronic money.

The fund's property may not be used for personal purposes by either the founder or members of the board of directors. It is created from contributions in kind or in cash.

Organizational matters

To create a charitable organization, it is necessary to determine the direction of its activities, goals, and come up with a name for it.

Particular attention should be paid to the statute. It must comply with legal requirements. After that, all documents required for registration of a charitable foundation must be submitted to the territorial division of the Ministry of Justice. Having received approval from this department, the founders register the organization with the IFTS, FFOMS.

Registration of a charitable foundation: a step-by-step scheme of actions

Briefly, the following steps can be outlined:

• Definition of tasks, goals, areas of activity of the future organization.
• Drawing up the charter, appointment of the founder, members of the council.
• Appeal to the Ministry of Justice.
• Registration with FFOMS, IFTS.
• Opening a bank account.
• Obtaining a certificate of state registration, obtaining an extract from the Unified State Register of Legal Entities.

It must be said that a fee will have to be paid for the registration of a charitable foundation. Its size today is 4 thousand rubles. Both a citizen and an organization can use the above step-by-step instructions for registering a charitable foundation.

Responsible person

The charitable foundation does not provide for membership. All participants contribute funds on a voluntary basis according to their abilities.

At the preparatory stage, it is necessary to determine the person who will be responsible for making decisions and monitoring their implementation. As a rule, such a subject is the initiator of the opening of a charitable organization.

Package of documents for registration of a charitable foundation

It includes:

• Application for f. PH0001.
• Constituent documentation.
• Receipt for payment of the fee.

The statement states:

• Full name of the applicant.
• Residence address.
• Contact phone numbers.

The document is provided in two copies. One of them must be notarized. Attached to the application additional sheets, which provide data on the founder, types of economic activity.

The structure for registering a charitable foundation includes:

• Charter. It is provided in 3 copies.
• Memorandum of association.
• Minutes drawn up at the first meeting of the organization.

When registering a charitable foundation, the protocol (a sample of this document is filled out according to general rules) is a confirmation of the intentions of the founders. It reflects information about the direction of the organization's activities, the composition of the board of directors, responsible persons, the goals and objectives of the fund. The same information must be present in the Articles of Association. In addition, this document reflects information about the executive bodies, their location, the legal address of the organization, the procedure for appointing responsible persons, as well as actions during the liquidation of the NPO.

Documents for registration of a charitable foundation also include a paper confirming the rights to the premises in which it is located. If the object is owned, then a certificate is attached. If the property is rented, you must provide a letter of guarantee from the owner and copies of title documents.

If the name uses symbols protected by law, including copyright, you must have permits from the copyright holder.

Timing

In accordance with the procedure for registering charitable foundations, verification of documents is carried out in the Ministry of Justice within a month. In case of non-compliance, the applicant will be refused. In this case, the state duty paid for registration is not refundable.

The founders must submit documents within three months from the date of the decision to establish the fund.

Features of activity

It can conduct only such activities that are not aimed at deriving personal benefit by its participants. At the same time, the organization can use the profit received in the course of various actions, including those related to entrepreneurship, if it is directed to non-commercial needs. For example, funds from a charity concert should go to help homeless animals.

The key difference between a charitable foundation and a conventional one is that the organization must direct to non-commercial purposes at least 80% of donations.

After state registration, a certificate is issued. It confirms the legal personality of the fund. If the participants violate the requirements established by law, the organization may be liquidated.

Staff

Recruitment of employees is carried out in accordance with the specifics of the organization. As a rule, members of a charitable foundation are:

• Volunteers. They are not on the staff of the organization, but they provide gratuitous assistance. For example, volunteers organize fundraising, distribute leaflets, and so on.
• Lawyers. Among the participants of the fund must be at least one person who understands legal matters. A lawyer can accompany the registration process, obtain documents, act on behalf of the organization in various government agencies.
• Employees taking orders.
• Specialists responsible for providing the necessary resources. For example, if the fund is engaged in helping homeless animals, these employees purchase food, Supplies and so on.
• Employees involved in attracting sponsors.

As practice shows, the staff of charitable foundations is small. Usually five people focused on achieving the set goals are enough. It is advisable to increase the number of employees with the expansion of areas of activity.

Finding sources of funds

Attracting sponsors is the most difficult task facing the charitable foundation. As a rule, the sources of funds are:

• Contributions of members of the organization.
• Donations from outsiders. At the same time, they can be expressed not only in money, but also in kind (things, tools, household items, animal feed).
• Grants.
• Funds from the activities of volunteers.
• Profit from securities.
• Funds from charitable events (auctions, concerts, promotions, etc.).

Fundraising website

It is possible to significantly increase the efficiency of a charitable foundation by creating an official portal on the Internet. For this you need:

• Choose hosting. Currently, many resources offer it for free. At the same time, the functionality of such versions is quite enough to achieve the goal.
• In the domain name, you can write words by which the site can be found on the Internet.
• Choose a template, adjust the interface. As a rule, hosting sites provide a large selection of templates. The option you like can be easily adapted to the goals of the charitable foundation.
• Fill the site with articles, photographs and other content that reflects the essence of the foundation's activities.

On the site you need to create a special form with which people will transfer funds. You can enter into an agreement with the payment operator. With it, payments can be made using different systems (bank card, electronic wallets).

Particular attention should be paid to promoting the site on the Internet. To do this, links to it are placed in thematic groups in social networks, advertising is launched in the media, etc.

The main condition of activity

In order for the charitable foundation to work effectively, it is important not only to comply with all the formalities. The main condition is the achievement of the goals for which the organization was created. If the background is organized to help people or animals, then it should really be provided.

Charitable organizations are created to implement socially useful projects, to assist regional and municipal communities.

Establishing a fund is the optimal means of solving socially significant problems. And, as you know, there are quite a lot of them. There are problems in almost all spheres of life: education, health care, environmental management, and so on.

Conclusion

Of course, without people's faith in their work, without love for it, not a single charitable foundation will work for a long time. Before creating an organization, you need to assess your strengths and capabilities. Any fund faces problems, as a rule, of a financial nature. Today it is quite difficult to find sponsors, people who are ready to selflessly help someone else.

Nevertheless, today there are quite a lot of charitable organizations involved in providing assistance in a variety of ways. Often such funds are created on the basis of sheer enthusiasm by purposeful active people. Many charitable organizations provide support to low-income families, drug and alcohol addicts, people released from prison. Some activists form an association for protection environment. They not only urge people to keep cleanliness and protect nature, but also take part in the cleaning of urban areas, parks, beaches, and recreation areas.

Any charitable activity is fraught with difficulties. It takes time, effort and money. However, helping other people allows us to preserve humanity, to show humanity and compassion for our neighbor. No one knows in what life situation a person may find himself in a year or several years. Perhaps those who help today will need help themselves tomorrow.

One of the forms of non-profit organizations operating in our country and around the world are foundations.

Fund called non-profit organization, which is created by the founders with the aim material support certain types of activities - charitable, socio-cultural, educational, scientific, managerial.

One of the main principles of the functioning of the foundations is the achievement of public benefit in its most diverse manifestations - healthcare, protection of their rights and the legitimate interests of our compatriots, provision of legal assistance, and resolution of conflict situations.

The definition of "fund" is given in the Federal Law "On non-profit organizations". Therefore, as with other NPOs, the basis of the fund's activities cannot be profit, and if it occurs, income must be distributed among the participants of the fund.

Both citizens and legal entities can act as founders of the fund. Property Complex fund is formed on the basis of their charitable contributions. Material resources and assets transferred to the foundation by its founders become the property of the non-profit organization. Foundations do not require membership.

The activity of the foundation is strictly targeted and must strictly comply with the provisions stated in its main founding document - the charter. At the same time, the foundation has the right to entrepreneurial activity and create for yourself business companies, but only if they correspond to the public benefit purposes for which the fund was created. To carry out certain types of business activities subject to mandatory licensing, funds - as well as other legal entities - must obtain an appropriate permit.

The main laws that guide the funds in the implementation of activities:

• Federal Law "On non-profit organizations".
• Federal Law "On Public Associations".
• Federal laws on funds of certain types (for example, the Federal Laws "On the Fund for Assistance to the Reform of the Housing and Communal Services", "On Charitable Activities and Charitable Organizations", etc.).

From the point of view of the organizational and legal form, funds are legal entities and become such from the moment of state registration. The first document from which the existence of the fund begins is the decision of the founders to create it. As a rule, funds are created without restrictions on the period of their activity. Some foundations develop over time a more or less extensive network of regional offices.

Like any subject of the legal field, the fund has rights and obligations. To the number mandatory requirements includes the presence of an independent balance sheet, seals with the official name, maintaining accounting and reporting and regular presentation of information on activities to government authorities. In addition, the fund must publish reports on the use of its property in the media.

Fund founders

Sometimes it happens that the founders of the fund are directly involved in the life of the fund only at the stage of its creation. Recall that they decide to create a fund and form its constituent. It happens that they also give the fund their name. In the future, the fund and its founders do not have any legal obligations to each other: the founders are not liable for the obligations of their offspring, and the fund is not liable for the obligations of its founders. The founder of the fund has nothing to do with the profit of the organization, if any.

Nevertheless, the founders are often members of the board of trustees - a special structure that controls the activities of the fund, the intended use of property, and the work of executive bodies. Council members work exclusively on a voluntary basis.

The number of founders of the fund is not limited: it can be one person, or it can be a fairly large group of people. However, throughout the entire activity of the fund, their number remains unchanged, with the exception of cases beyond the control of the fund - for example, the death of one of the founders of the fund or the reorganization of the legal entity that acted as the founder.

Although Civil Code does not give a clear classification of funds, often their types are determined by the composition of their founders. From here one distinguishes:

• Private foundations. Their founders are one legal entity or members of one family. The fund is created at the expense of a private person. Despite the richest traditions of philanthropy in Russia, private foundations as such began to appear in our country only in the late 1990s. Among the most famous are the Volnoe Delo Foundation of Oleg Derepaska, Vladimir Potanin, the Timchenko Foundation. Often funds of this type do not implement social projects independently, are the founders of special grants for public organizations, universities, etc.
• Corporate funds. Their founders are legal entities - individual companies or associations. Most often, the creator of the fund is one. These funds are funded by companies. Enumeration Money is made from the annual profit of the company or the parent company forms the capital of the fund. Often the activity of a corporate fund is a continuation of the company's social mission and helps to strengthen the image of a socially responsible business.
• Public funds established by a group of individuals or public associations. This form of public association also does not imply membership. Usually, public funds are engaged in the collection and accumulation of funds - contributions and donations - with the aim of their further distribution to solve socially significant problems. Public charities are the most common.
• State funds. As the name implies, the funds are financed from the state budget. An example would be Russian fund Fundamental Research, which supports research activities. Funds of this type have a narrow focus and are engaged in the distribution of grants for the implementation of activities in accordance with their line of activity.
• municipal funds. They are created by decision of the local government in order to effective use financial resources of municipalities. For example, municipal funds to support small businesses are now quite common. The presented classification does not mean that funds can be presented exclusively “in pure form”. Often the composition of the founders is mixed, and then we can talk, for example, about state-public funds, etc.

Fund management bodies

As already mentioned, the obligatory structure of the fund is the Board of Trustees. In addition to it, the fund has the highest governing body of the fund - the Fund Council. It determines the priority areas for the activities of the non-profit organization and provides control over compliance with the goals of the foundation. permanent collegiate body fund approves the annual balance sheet and financial statements, decides on the creation of branches and representative offices of the non-profit organization in other cities and regions. The executive body may be sole or collegial. His competence includes the current working moments and the work of the fund.

A variety of organizational and legal forms (OPF), and sometimes it is difficult to make an unambiguous choice between them. It is necessary to carefully consider how the relationship between the founders and members of a non-profit organization will be regulated, whether they will be liable and to what extent, whether the NPO has the right to conduct entrepreneurial activities, who will own the property transferred to the ownership of the NPO, etc.

At the moment (September 2019), when deciding to create an NPO by fund registration, it must be taken into account characteristics. According to an excerpt from the Federal Law "On non-profit organizations":

“The Foundation is recognized as a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful goals.

The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders are not liable for the obligations of the fund they have created, and the fund is not liable for the obligations of its founders.

The Foundation has the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the Foundation was created.

The Board of Trustees of the Foundation is a body of the Foundation and supervises the activities of the Foundation, the adoption of decisions by other bodies of the Foundation and ensuring their implementation, the use of funds, etc.

Unless otherwise provided by federal law, the founders (participants) of funds have the right to withdraw from the membership of its founders and (or) participants at any time without the consent of the other founders and (or) participants.

The decision to liquidate the fund can only be taken by the court upon the application of the interested parties.

The activities of some funds are regulated by separate laws, for example, the Federal Law “On non-state pension funds”, the Federal Law “On charitable activities and charitable organizations”, the Federal Law “On public associations”, etc.

Otherwise, the functioning, as well as the procedure and terms of registration of the fund are identical general order relating to almost all types of NGOs (unions, associations, ANOs, etc.). The main thing is to take into account the fact that NPOs are under increased attention of state bodies, therefore, the collection and completion of documents should be taken much more seriously than the registration of ordinary firms. Due to the slightest inaccuracy, the Ministry of Justice will immediately refuse to register a non-profit organization, which means that the whole procedure will have to be started anew, and the money for paying the state duty (see below) is not returned. In addition, a refusal will follow if the person who made the decision to register the fund cannot be a founder in accordance with the Federal Law or if a non-profit organization with the same name has already been registered.

Deadlines for registering a fund in Moscow and Moscow Region

Submit your application

Jus Liberum employees have extensive experience in the field of registration of non-profit organizations and are ready to advise the client on choosing the most correct form NPO that best suits its objectives. Our lawyers are highly qualified to provide comprehensive assistance in registering NGOs of any kind - foundation, associations (unions), associations, homeowners associations, housing cooperatives, etc. They will prepare the required set of documents and represent your interests in all instances - the Ministry of Justice of the Russian Federation, Rosstat, tax office, off-budget funds (PF, FSS) and banks, thereby significantly saving time and effort to go through all stages of approval.

Consultations of Jus Liberum specialists on issues related to the registration of NCOs, including the choice of the legal form of NCOs, are provided FREE OF CHARGE.

Fund registration: step-by-step instructions for 2019

Fund registration services

• Preparation of documents required for the state registration of the foundation with the Ministry of Justice Russian Federation, including the development of the charter, the structure of the governing bodies, the definition of goals and activities.
• Submission of prepared documents to the Ministry of Justice of the Russian Federation for state registration of the fund.
• Representation in the Ministry of Justice of the Russian Federation of the interests of the customer related to state registration.
• Registration of the fund for tax purposes.
• Obtaining documents confirming the fact of state registration, including a certificate of registration of the fund.
• Receipt of an information letter on registration in the Statistical Register of Rosstat (statistics codes).
• Print making.

Additional services upon registration of an NPO

• Registration in off-budget funds (PF, FSS).
• Opening a current account.
• Providing legal address to register an NGO.
• Obtaining an extract from the Unified State Register of Legal Entities.

List of documents required for the creation and registration of the fund

• Fund name.
• Passport data of the founders - individuals, details of the founders - legal entities, including passport details of the executive body of the founding legal entity.
• Passport data of the head of the fund.
• Purposes and object of activity of the fund.
• Address for registering the fund (if the address is provided by the customer).

Our experts will prepare everything Required documents for the registration of the fund, as well as organize their certification by a notary at any time convenient for the customer without a queue.

Benefits of registering a fund with Yus Liberum

• Huge experience of work and interaction with the Moscow and regional departments of the Ministry of Justice of the Russian Federation.
• Knowledge of the requirements of the Ministry of Justice for the content of the founding and other documents of the fund for passing through all stages without comment.
• Support and control of the fund registration procedure.
• Compliance with the statutory deadlines for registration.

The cost of services for registering a fund in Moscow and Moscow Region

For questions related to the registration of a foundation and other non-profit organizations (NPOs), please contact our specialists by phone: +7 (495) 507-99-13 , +7 (495) 642-45-97 .

The Foundation is a fairly common form of non-profit organizations. Many charitable foundations successfully operate in Russia, as well as foundations created to promote certain types of activities, public spheres of life or social groups population (for example, funds to support the development of science, education, culture, sports, etc.). Number of registered private foundations in last years increases.

Features of the fund as a non-profit organization

The Foundation is a unitary non-profit organization, i.e. non-member organization. The Fund may be established by citizens and (or) legal entities on the basis of voluntary property contributions. Thus, the foundation can be regarded as a kind of "association of property", and not "association of persons".

The activities of the foundation must be directed towards socially useful goals stated in the charter: charitable, cultural, educational or other social goals. For example, the most popular in terms of the purpose of their creation:

• charitable foundations that charitable activities in the interests of society as a whole or certain categories of citizens;
• funds for the preservation of the results of public activities or public heritage;
• support funds scientific research;
• education support or development support funds educational institution;
• funds for support, development and protection of small business and entrepreneurship; other.

A feature of the fund, in addition to the lack of membership and the specific goals of creation and activity, is also its property isolation. The property transferred to the foundation by its founders (founder) is the property of the foundation. The founders of the foundation do not retain property rights in respect of the property transferred to the foundation and are not liable for its obligations, and the foundation is not liable for the obligations of its founders. The Fund has the right to use the property only for the purposes specified in its charter. The fund's property remaining after its liquidation and settlements with creditors is not subject to distribution among the founders.

As a rule, at first the fund is created at the expense of the founders, and later attracts other financial resources, for example, donations, proceeds from ongoing events, income from entrepreneurial activities, and so on.

At the same time, the foundation has the right to engage in entrepreneurial activities, but only those that are necessary to achieve the socially useful goals for which it was created, reflected in its charter, and which corresponds to these goals (social, charitable, cultural, educational and others). At the same time, however, it should be borne in mind that the foundation, like any non-profit organization, is not entitled to engage in professional entrepreneurial activities that require a permit or license. government agency(for example, to carry out banking and (or) financial transactions, construction, medical activity etc.). In order to carry out such activities, foundations have the right to create business companies or participate in them. Also, the fund is not entitled to carry out entrepreneurial activities aimed at making profit at the expense of persons to whom the fund should provide property and financial assistance.

The fund can dispose of its property independently, through the governing bodies. For example, he has the right to allocate grants (targeted funds) to other public or charitable organizations to support charity projects establish various scholarships and awards.

At the same time, the fund is obliged to publish annually in the public domain reports on the use of its property (reports on the receipts and expenditures of the fund).

Features of fund management

The creation of the fund is carried out as a result of its establishment by the decision of the founders. A foundation can also be created by a single founder. However, the functions of the founders are limited to the procedure for creating a legal entity, then they do not participate in the management of its activities. The management of the fund is carried out by the governing bodies provided for by its charter, while the fund is free to choose its management bodies.

For example, the Board of the foundation, which determines the main directions of its work, may be the supreme governing body. The current management of the activities of the fund can be carried out by the sole executive agency– President or Director, or collegial body – Directorate, etc. Special committees, councils, etc. can be created to manage certain types of fund activities. (for example, the Council for the Use of Endowment Fund, which determines the purposes and procedure for the use of income from the endowment fund generated by voluntary donations).

In addition, the foundation must have an external supervisory body - the board of trustees of the foundation, whose functions include overseeing the activities of the foundation and its officials: overseeing the adoption of decisions by other bodies of the foundation and ensuring their implementation, control over the use of the foundation's resources, over compliance by the foundation with legislation. The Board of Trustees of the Foundation conducts its activities on a voluntary basis, and the procedure for its formation and activities is determined by the charter.