Can a public organization be the founder of an LLC. Public association (organization) without registration of a legal entity

Free association to protect one's legitimate interests is one of the human and civil rights specified in the Basic Law of the state. Of course, not every collective entity is subject to this rule. Only a group operating on a permanent basis, created and entered into the state register can be recognized as a public association and fall under the protection of Art. 13 of the Constitution of the Russian Federation.

Definition of a public association

This right of citizens is exercised both in the form of direct association in a collective, and through registered organizations - public associations. The latter option is more preferable for those who are aimed at achieving specific results (public control, legislative initiative), and not just expressing their active position. A registered public association is protected by the state, has the opportunity to defend its rights and interests, participate in elections and referendums (if it sets such a goal and indicates this in the charter), and also defends the interests of itself or its members in court.

Article 5 of the Federal Law of May 19, 1995 No. 82-FZ defines public associations as created on a voluntary basis, non-profit, self-governing formations with common interests of citizens united to achieve common goals.

Conditions for creating an association

Before creating a public organization, you should make sure that the formation meets the following conditions:

The voluntary nature of the creation - the association is established on the initiative of citizens or legal entities who wish to become its founders. No prior permissions (approvals) are required for this process, and the founders must be bound by a common interest.
Self-governance - proactive and independent adoption by participants of all decisions on the management of the association, including the determination of the structure, management and financial audit bodies.
Non-profit nature - associations do not conduct activities related to the regular receipt of profit, which is subsequently distributed among the participants.

This is a fundamental difference that separates such formations from commercial legal entities.

Organizational types of associations

Forms of a public organization are a set of conditions and characteristics established in the current legislation that are characteristic of a certain category of public associations, consisting of characteristics of the goals of creation, the order of relationships between participants and third parties, as well as the procedure for managing property and income.

The choice of the form of the association to be created is the prerogative of its founders.

Public organization. A common form of organizational and legal structure, the features of which are mandatory membership (confirmed by documents) and joint activities to achieve set goals. For example, public organizations are trade unions, consumer societies, homeowners' associations.
Social movement. This form is characterized by mass participation, with no registered membership and no need to maintain constant contact and activity. It is aimed at satisfying the non-material interests and desires of citizens (charity, culture, education, ecology, animal protection, etc.). Social movements can unite a large number of people of different ages and status, which, accordingly, makes it possible to organize crowded events.
Public fund. The activities of such associations are quite specific, since they consist in the formation and management of property, which is subsequently directed for statutory purposes. The sources of wealth for the funds are voluntary contributions, donations and other non-prohibited income. In this case, the transfer of property to the founders is unacceptable.
Public institution. There is also no registered membership here, but its activities are limited to the provision of services of a certain type aimed at achieving the statutory goals.
A public initiative body. Such public associations arise at the place of residence, work or study and are aimed at resolving the social problems of those who are part of the formation itself. Amateur bodies include folk squads, parent committees, voluntary fire brigades, library councils, etc.
Political Party. This form of public association aims to involve citizens of the Russian Federation in the political life of society in the form of forming their beliefs and positions, participating in actions (rallies, processions, pickets, demonstrations), in elections at various levels and referendums, as well as representing interests.

In addition to organizational forms, there are many other criteria for classifications. For example, depending on whose defense the association acts, children's and youth public organizations, societies for the protection of the disabled, WWII participants, societies for the blind, etc. are distinguished.

Associations and unions of public associations

Public organizations of various forms can form unions and associations to achieve better results in their work. Members of such a collective association participate in its management through their representatives.

At the same time, the formative feature of associations is the uniformity of all participants (uniformity of forms of associations), and for unions - the commonality of goals for the sake of which it is created. It is also possible for an association to become a member of the union, which can be called a primary collective public association.

The Union of Public Organizations, like the Association, in its work focuses mainly on coordinating the work of its members and increasing the level of its effectiveness. These goals are achieved through joint events, exchange of information and attraction of material resources.

To achieve an effective result, collective associations are registered as legal entities. Then the association and union have the opportunity not only to confer and develop a common strategy for their activities, but also to generate financial and material resources for the implementation of various projects, programs and events.

The creation of an association or union, taking into account the fact that the founders are legal entities, is similar to the procedure for registering any public association. However, the scope of the constituent agreement is much higher, since its content should describe in detail the relations of the parties (members of the union or association) for an indefinite period, establish rights and obligations, responsibilities and the procedure for interaction.

The property of the collective association is formed from the regular income of the participants. The amount and procedure for making contributions must be determined in the memorandum of association and charter. The assets of an association or union can be created from the following sources:

regular or one-time membership fees;
donations (including targeted ones);
revenue from the sale of products, fulfillment of orders and provision of services;
dividends and other income (interest on shares, securities, deposits);
income from property (rent, etc.).

Territorial levels of associations

Russian public organizations differ not only in the forms of organizational structure, but also in the territory in which they operate. Currently, the following levels can be distinguished:

All-Russian public organization - has branches, representative offices or departments in more than half of the regions of the Russian Federation.
Interregional public organization - has independent structural divisions and operates in less than half of the country's constituent entities.
Regional public organization - operates within one subject of Russia (territory, republic, region). To obtain this status, it is necessary to indicate in the charter that the work will be carried out within a certain territory.
Local public organization - carries out work to implement statutory goals within the boundaries of a local government body (administrative district, district or settlement). Despite the small space for activity, local associations, as well as regional ones, have the right to create their own branches and representative offices and further increase their territorial level.

Children's and youth associations

Public organizations in Russia, whose activities are aimed at the development and protection of children and the younger generation, deserve special mention. Their creation and work are regulated not only by Federal Law No. 82-FZ of May 19, 1995, but also by international documents - the 1924 Geneva Declaration of the Rights of the Child and the 1984 UN Convention on the Rights of the Child.

Children's public organizations have a positive social and moral orientation and are considered as a significant factor in the development of the next generation of society. The right to participate in the work and the status of an active participant in a children's public association is granted to minor citizens who have reached the age of 8 years. However, they cannot be founders and participate in management, since they do not have sufficient civil legal capacity.

Youth public organizations have the right to include age restrictions for participants in their statutory documents. Thus, the age category of members will demonstrate that the public formation belongs to youth associations.

Documents for registration of an association

The freedom of civil society is also manifested in the creation of public organizations in Russia. They are considered created not from the date of state registration, but from the moment the decision on their creation is made at a conference or general meeting of founders. Thus, the state recognizes the right of citizens to associate as actually realized from the moment of the corresponding expression of will.

The registration procedure for associations is carried out according to the provisions of Art. 21 of the Federal Law of May 19, 1995 No. 82-FZ and consists of 2 stages: making a decision and making an entry on the creation of a legal entity in the Unified State Register of Legal Entities. From the moment the latter is committed, the public association acquires its legal capacity.

The list of documents for registering a public association is defined in clause 28 of the Administrative Regulations, approved by Order of the Ministry of Justice of the Russian Federation dated December 30, 2011 No. 455. It includes:

Application for registration. Application form P11001 is used, approved by order of the Federal Tax Service dated January 25, 2012 No. ММВ-7-6/25@. The relevant columns of this application indicate information about the founders and the address (location) of the permanent governing body.
Charter of an association or association (union) of public associations in 3 copies, bound and numbered.
The founding agreement (agreement) or an extract from the minutes of the founding conference (congress, meeting, conference). The latter should contain information on the creation of the association, approval of the charter and the formation of governing and audit bodies.
A document confirming payment of the state duty, the amount of which is determined in clause 1, part 1, art. 333.33 of the Tax Code of the Russian Federation and amounts to 4,000 rubles. Payment is made on behalf of the applicant as an individual.
Minutes of constituent meetings (conferences, congresses) of structural units for all-Russian, interregional and international associations. A regional public organization does not provide additional documents, even if it has branches and departments within the subject.
If a personal name or a copyrighted mark is used in the name (symbols, motto), permission to use it is attached to the package of documents.

A set of documents is submitted for registration no later than 3 months from the date of the constituent meeting. The process of entering an association into the register as a legal entity should last no more than 17 days. This is 3 times longer than for commercial associations and is due to the specifics of the status.

Requirements for founders of associations

The process of creating an organization begins with the voluntary initiative of its founders, who decide on the need for the emergence of a public formation to protect their own and public interests and achieve common goals. Before creating a public organization, it is necessary to check how its founders meet the requirements of the founders of public associations.

The number of founders cannot be less than 3, but the maximum size is unlimited, which allows the social movement to flourish. The origins of public organizations can be individuals and legal entities (non-profit associations), which, as part of their formation, will have equal rights and responsibilities.

The main conditions for the founders and participants of a public association are reaching 18 years of age and full legal capacity. The only exceptions are members of children's and youth associations, where age can start from 8 and 14 years, respectively.

Despite the fact that Federal Law No. 82-FZ of May 19, 1995 speaks exclusively about citizens, foreigners and stateless persons who are in the country legally can also act as founders of an organization or movement.

Foreign citizens and stateless persons included in the “black lists” of the Russian Federation.
Persons (people and organizations) included in the list of suspects in extremist and terrorist activities.
Public associations of various forms that are prohibited in the Russian Federation (“Right Sector”, “Islamic State”, “Bloody Harvest Union”, etc.).
Individuals who are held in places of deprivation of liberty by court decision. Moreover, we are talking only about those serving real sentences, but not about those under the condition of early release.
State authorities and local governments at all levels. However, this restriction does not apply to state and municipal employees as individuals.

The founders are not required to obtain permission or notify the authorities of their decision to create a public association, since the state should not have any influence on its activities.

Charter of a public association

Details of the structure, future activities, features of relations between participants and other provisions are described in the charter, which is the constituent document of the association. The contents of this document, in general terms, are as follows:

General information about the public association being created - name (full, abbreviated), address, organizational form and territory within which the activities are carried out.
The goals of the association, which is understood as the intended result of its existence. It should be taken into account that the intentions declared in the charter cannot be related to entrepreneurial activity, that is, making a profit. A public organization in Russia must strive to achieve social, charitable, cultural, educational and scientific goals, as well as health protection goals, satisfaction of spiritual and other non-material needs, protection of rights and legitimate interests, peaceful resolution of conflicts, provision of assistance (psychological, legal, material) . The list of good intentions is very long and is always compiled with unification in mind.
A detailed description of the structure of the association, managing and financial audit bodies with a description of their powers, the procedure for formation and work. The rights of public organizations to determine the competence, formation and term of office of governing bodies are very broad. These may include periodic conferences, general meetings, a board of directors, an association council, or a board of trustees (for foundations). In general, all management structures are divided into senior ones, which determine the direction and principle of work, and executive ones, responsible for current management. The audit bodies, in turn, exercise control over the financial activities of the public association, directing the accumulated property to fulfill the statutory purposes.
Regulations on the replacement and reorganization of governing and control and financial bodies upon completion of the period determined by the founders.
Conditions for obtaining and losing membership, as well as the procedure for joining and expulsion from the association.
List of rights and obligations of members (participants) of a public association. Since the creation of a formation is based on voluntariness, the charter should not oblige them to do anything for the sake of the effective functioning of the organization. Basically, the responsibilities of participants relate to the timely payment of contributions, participation in management, implementation of decisions of governing and audit bodies, and the inadmissibility of causing damage. The list of rights of members of associations, in addition to those enshrined in law, may include the opportunity to obtain information about the work of the organization in general and its bodies in particular, receiving assistance, consultations, participation in ongoing events, receiving benefits and privileges.
The symbols of a public association are of great importance for its activities and therefore their description (including graphic images) is given in the contents of the charter.

The requirements of the charter of a public association should guide both the association itself as a legal entity and its founders (participants). Other participants in legal relations with a particular public association should also take into account the provisions of the charter of the partner public association, since exchanging copies of constituent documents is a common practice when concluding any type of agreement.

Entrepreneurial activities of associations

Founders often think about the question of how to create a public organization in order to be able to carry out activities with profit that will cover, in whole or in part, the expenses of the association. According to paragraph 4 of Art. 50 of the Civil Code of the Russian Federation, any non-profit associations have the right to carry out profit-generating activities if this is provided for by their Charter. However, the norm also contains a limitation - income must be directed toward achieving the goals of the association and cannot be redistributed among its participants (members).

Public organizations can receive profit from the following sources:

use of property, including leasing it;
production of goods and provision of services;
placement of funds in deposit accounts;
acquisition and turnover of shares and securities;
participation in business companies as an investor.

It is worth taking into account the position of the Supreme Arbitration Court, which, in Resolution No. 1441/97 of July 8, 1997, did not recognize as income the interest received by a housing construction cooperative from placing funds on a deposit account with Sberbank of Russia. The court indicated that the activities of the cooperative are not entrepreneurial, since they are carried out not by the non-profit organization itself, but by its representative (the bank).

However, if profits are received systematically, make up the majority of its income and are directed to the needs of the formation itself, such activities of public organizations are already entrepreneurial.

Creation of a public association without registration

Information about the procedure and requirements for registering public organizations is publicly available. But not everyone can understand how to create a public organization without formal registration.

Such a formation arises as an ordinary association of citizens, and the right to create it is provided for in Art. 3 of the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”. The requirements and procedure for creating an association do not differ from those provided for public organizations acting as a legal entity. However, the list of documents is limited to the charter and the constituent agreement, which remain in the custody of the governing body.

Among the advantages of informal associations is the opportunity not to maintain accounting and tax documentation, not to waste money and time on registration and reporting to the Ministry of Justice. But on the other hand, an association without obtaining the status of a legal entity cannot be a participant in civil circulation, have its own funds and open bank accounts, act as a representative of interests, or manage property. Thus, it can only use deliberative capabilities and exchange information.

How to create a public organization: types and forms of public associations + what the charter of a public organization can consist of + how to liquidate a public organization.

The legislation of the Russian Federation confirms that society has the right to create organizations; however, in order to avoid unrest, their activities are controlled.

Each organization has the following distinctive features from other types of public:

Charter
Minutes of meetings.
Governing body.
Availability of membership.

A factor such as membership distinguishes a social organization from a social movement.

Let's take a closer look, how to create a public organization what is necessary for this and how not to violate the law.

What is a public organization and why is it needed?

Public organization it is generally accepted to consider an association between certain segments of the population who come together based on common interests, or by pursuing and defending certain ideas.

But, despite the fact that this is not a government union, in order to carry out any serious activity, data about it will need to be registered. The activities of such unions can be classified as non-commercial.

They are usually created for the purpose of implementing projects that may be related to creative activity, improving the cultural and social life of society, defending one’s own interests, etc.

Such associations help improve the quality of life, since like-minded people have the opportunity not only to gather to discuss a particular problem, but also to successfully look for ways to solve it.

In the case of the official registration of such a union, it becomes possible to convey one’s ideas and demands to higher authorities and influence what happens within a certain territory.

According to the topic, we can identify the following main varieties, the most relevant today:

Humanitarian

Environmental protection - focusing public attention on environmental problems;
Animal protection - combating the extinction of rare species in the animal world;
Youth - channeling the energy of the younger generation in the right direction.

The most popular and well-known global public organizations include the following:

Red Cross— provide assistance to those who are victims of various conflicts (war, etc.), and also help eliminate the consequences of natural disasters.
Greenpeace— position themselves as defenders of nature from the results of civilization and various nuclear weapons tests.
Doctors of the world- provided in “third world” countries, where there is no way to get it.
Scouts is an example of a youth meeting whose members have the opportunity to gain knowledge about survival in the wild. Enables children to safely interact with their environment.

The presence of such examples will help to more clearly define the purpose of creating public organizations.

The topics and interests of any registered or unregistered association that performs any actions cannot in any way intersect with extremist and terrorist activities.

5 steps to create a public organization

The Ministry of Justice is responsible for the official registration of new public and social entities in each city.

Three or more individuals will be needed to create. It is also interesting that the role of founder can be not only an individual, but also, moreover, more than one.

The process of creating a public organization can be divided into 5 successive stages:

Consultation on all legal and organizational issues with a lawyer.
Preparation and collection of documentation.
Payment of a fee of about 4,000 rubles.
Waiting for registration confirmation.
Registration .

List of required documents:

registration application;
management information;
documents and information about all founders;
minutes from the meeting of founders;
statutory documents;
receipt for payment of tax (fee) for registration (approximately 4,000 rubles).

All of the above documents must be provided in duplicate.

In addition to the main set of documents, you will also need to provide the following papers:

decision to create an organization;
decision on approval of the charter;
decision about the choice of organs.

As mentioned above, the activities of public organizations are regulated by law, and you can become more familiar with the rules that regulate them using the following documents:

Constitution;
Civil Code;
Law “On Public Associations”.

If you create any public non-profit union, you will have to work closely with these legislative acts.

In this case, it is advisable to pay attention to the following points:

Every person who has reached a certain age and has citizenship, or a group of people, has the full legal right to associate for the purpose of protecting their common beliefs and interests.

And also, the freedom of further actions of such an organization is guaranteed, as indicated by Article No. 30 of the Constitution of the Russian Federation ( www.constitution.ru)

It is not necessary for public organizations to be officially registered, and there is also no need to first obtain permission to create a public organization from local government authorities and regulate activities, as stated in Articles 3 and 21 of the Federal Law ( ozpp.ru/zknd/obsh)

It is important to know: if the chosen legal form of association is not officially registered, it is deprived not only of obligations, but also of the rights of a legal entity.

However, if necessary, it can be registered at any time.

1) Who can create a public organization?

If we return to how to register an organization, a consistent question arises about who can be its founder and who can become its member.

The following can become a founder or member of a public organization:

adult (at least 18 years of age);
a citizen of the Russian Federation, as well as a foreigner who legally resides in Russia;
persons who have not been prosecuted for money laundering or sponsoring terrorism;
persons who are imprisoned by a court decision.

The founders who participate in the creation of the organization are its members.

2) What should the Charter consist of?

The official charter document of a public organization, just as in the case of the charter of an enterprise, should consist of the following elements:

full title;
main goal (goals, if there are several), interests and main activity;
management and leadership bodies;
certain territories within whose borders it operates;
the conditions under which membership can be gained or lost;
the period for which management authority will be granted, the procedure for gaining and losing;
the order in which changes or additions to the charter will be made;
the main source of funds, provided property and the method of their control;
the procedure for liquidation and reorganization.

Depending on the features, topic and purpose, the charter may also contain additional clauses.

Some youth associations admit children from 14 years old, and children from 8 years old.

After approval, the charter must be provided in three copies, two of which are bound, signed and page numbered.

Along with the charter, they provide protocols of how the leader was elected and the organization was created.

3) Opportunities of the organization as a legal entity

After registration, the organization receives full rights, which means:

collection and control of funds;
having a bank account;
conclusion of contracts.

Based on how the scope of opportunities and activities expands upon receipt of official status, we can come to the conclusion that this procedure is relevant only in the case of monetary transactions.

In any other case, it does not have such importance or meaning.

Creation of an unregistered association

Unlike a registered organization, in the case of an unregistered union everything is much simpler.

Creation consists of the following main stages:

Choice of legal form.
The main ideas, goals, and objectives are determined.
Selection of controls.
Approval of the association and charter.

How and why can a public organization be liquidated?

As you know, any association or enterprise that is registered with the authorities may be subject to inspections from time to time.

If it is a public organization, there is a need to annually provide a report on the main stages of its activities, in accordance with its goals, as well as on all monetary transactions, if the goal implies their existence.

Based on all of the above, we can come to the conclusion that in the absence of a timely submitted report on the main actions of the organization, it will be seized by the control body.

More specifically, according to the second part of Article 29 of the Federal Law, it is necessary every year, and the maximum period of delay is 3 years. Otherwise, the organization will be liquidated and considered as such that it has completely ceased all activities.

How to create a public organization?

First of all, you must figure out how to register it:

Conclusion on the creation of a public organization

It is possible to fully determine the stages of creation and activity of such public unions and the list of documentation in order to register it, only by clearly establishing the main task, idea and topic.

In order to study in more detail the rules and procedure for creating a public association, and possibly its registration, it is worth carefully reading the order “On the rules for considering applications for registration of public associations” (No. 19 - 01 - 122 - 97).

Before creating a public organization, it is worth determining whether the chosen legal format is suitable for the ideas that it pursues.

In any case, you can take your time with registration at the time of creation, especially if there is no need for this.

Since this type of activity is considered completely non-profit, it is worth understanding that the creation of public associations as a profitable business does not make any sense, and in some cases is even punishable by law.

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All-Russian public organization an association operating in the territories of more than half of the constituent entities of the Russian Federation is recognized. Registration of an all-Russian public organization allows citizens of the Russian Federation to unite and jointly achieve their goals and resolve common issues. The legal status of public associations provides ample opportunities for solving such problems. Today the state strongly supports public associations. These include tax and other benefits, grants, program financing, etc. Mandatory documents for registering an all-Russian public organization are: minutes of the general meeting (congress, conference) of delegates of regional associations, documents confirming the legal status of regional associations (registration certificates, Charters ).
The activities of the All-Russian public organization in Russia are regulated by the Civil Code of the Russian Federation, the Federal Law “On Non-Profit Organizations” No. 7-FZ of January 12, 1996, and the Federal Law “On Public Associations” No. 82-FZ of May 19, 1995.

Sample charter of an All-Russian public organization

Distinctive features of All-Russian public organizations:

All-Russian public organizations may use the words “Russia” and “Russian Federation” and phrases formed on their basis in their name without obtaining special permissions;
The legal status of an all-Russian public organization as a legal entity arises only from the moment of its state registration;
Documents are submitted to the Department for Public and Religious Organizations of the Ministry of Justice of the Russian Federation.

List of documents required for registration of an All-Russian public organization:
1. Copies of the founders’ passports (if the founders are individuals).
2. Copies of extracts from the Unified State Register of Legal Entities (for founders - legal entities).
3. A copy of the passport of the future head of the organization.
4. Branch protocols.
5. Information about the address (location) of the organization (letter of guarantee and title document).

The cost of state registration of a non-profit partnership includes:
1. Consultation on the creation and registration of a public organization;
2. Verification of the name upon registration with the Ministry of Justice of the Russian Federation;
3. Preparation of a set of documents for registration of a public organization;
4. Payment of state duty in the amount of 4000 rubles. (paid separately);
5. Registration of a public organization in the Office of the Ministry of Justice of the Russian Federation and registration with the Federal Tax Service of Russia;
6. Assignment of statistics codes (PRINT ROSSTAT INFORMATION LETTER) .

Additional expenses:
1. Notary services (notarization for each applicant is paid separately);
2. State duty (4000 rubles).

FAQ:

In what territory can an all-Russian public organization operate?

An all-Russian public organization must have its branches, organizations, branches and representative offices on the territory of more than half of the constituent entities of the Russian Federation.

Tell us the structure of the all-Russian public organization?

The all-Russian public organization consists of its regional branches. Regional branches may consist of local branches. The highest governing body of an all-Russian public organization is a conference or congress consisting of delegates from regional branches. An all-Russian public organization must have a collegial (governing) body, a personal and control and audit body. Registration of all-Russian public organizations is carried out by the department of the Ministry of Justice of the Russian Federation.

Is permission from the Ministry of Justice required to use the word “Russia” in the name of an all-Russian public organization?

No, not required. According to Article 14 of Federal Law No. 82 “On Public Associations”.

What reporting are required to provide to the Ministry of Justice by all-Russian public organizations?

An all-Russian public association is obliged to annually publish a report on the use of its property or ensure accessibility of the said report; annually inform the body that made the decision on the state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association in the amount of information included in the unified state register of legal entities. In addition, an all-Russian public organization is obliged to submit, at the request of the body making decisions on state registration of public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities to the extent of the information submitted to the tax authorities. It is necessary to publish reports on your activities annually, no later than April 15, on the portal of the Ministry of Justice of the Russian Federation.

What is the symbolism of an all-Russian public organization?

According to Article 24 of Federal Law No. 82 “On Public Associations,” public associations have the right to have symbols: emblems, coats of arms, other heraldic signs, flags, and anthems. The symbols of public associations should not coincide with the state symbols of the Russian Federation, the state symbols of the constituent entities of the Russian Federation, the symbols of municipalities, federal government bodies, government bodies of the constituent entities of the Russian Federation, the Armed Forces of the Russian Federation, other troops and military formations, the symbols of foreign states, and also with symbols of international organizations. Emblems and other symbols of public associations previously registered in the Russian Federation, emblems and other symbols of organizations whose activities are prohibited on the territory of the Russian Federation cannot be used as symbols of public associations. It should be noted that any symbols of an all-Russian public organization are subject to registration with the department of the Ministry of Justice of the Russian Federation.

Can an all-Russian public organization without forming a legal entity be the owner of real estate?

No, he can not. By virtue of Federal Law No. 122 “On state registration of rights to real estate and transactions with it.”

A public organization without registering a legal entity can be created within the framework of current legislation.So, how can a public organization be formed without registering a legal entity?

In Art. 7 of the Law on Public Associations states that public associations can be created in the following organizational and legal forms: organization; movement; fund; institution and others.

Thus, in our case, “organization” is a form of “public association”. For the purposes of this article, we will consider these two terms (organization and association) synonymous.

Advantagesassociations without registration of a legal entity

The creation of a public association will be achieved directly through the association of individuals.
There is no need to go through the procedure of registering a legal entity through the justice authorities.
There is no need to keep tax records, hire an accountant, etc.
It is possible to contact government authorities in writing and receive official responses addressed to the public organization.

Examples of the work of a public organization without forming a legal entity

As an example, I can cite the Krasnodar public movement “Union of Shareholders”. This organization was created on the basis of the protocol and the adopted charter. The organization contacted the authorities, received official responses, led public life, and participated in various events. Thus, the organization achieved its statutory goals, which were generally designated as the protection of the rights of shareholders in the territory of the city of Krasnodar. The organization was created in 2016 during a period when the rights of shareholders in the city of Krasnodar were seriously violated. At the same time, the organization had no relation to the authorities. Moreover, the creation of this organization “provoked” the authorities of the city of Krasnodar to simultaneously create the “Association of Shareholders of Problem Houses.” I don’t know how successful the Krasnodar public movement “Union of Shareholders” is currently operating, but it is an excellent example of the activities of a public organization without forming a legal entity

What do you need to create?

To create a public organization without forming a legal entity, you will need three founders, a protocol and a charter.

You can take any protocol and charter that suits the format of your activity.

The minutes must reflect the decision to create a public organization and its governing bodies (Board, Chairman of the Board or simply Chairman).

Legal basis for activity

The activities of public organizations are regulated by the Federal Law “On Public Organizations”, the Civil Code, and the Federal Law “On Non-Profit Organizations”.

I will give the main provisions of the laws regulating the activities of public organizations without forming a legal entity.

Article 5. Federal Law “On Public Associations”

A public association is understood as a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve common goals specified in the charter of a public association. The right of citizens to create public associations is exercised both directly through the association of individuals and through legal entities persons are public associations.

Another article:

Article 18. Federal Law “On Public Associations”

Public associations are created on the initiative of their founders - at least three individuals. The number of founders for the creation of certain types of public associations may be established by special laws on the relevant types of public associations.

The founders, along with individuals, may include legal entities - public associations.

Decisions on the creation of a public association, on the approval of its charter and on the formation of governing and control and audit bodies are made at a congress (conference) or general meeting. From the moment these decisions are adopted, the public association is considered created: it carries out its statutory activities, acquires rights, with the exception of the rights of a legal entity, and assumes the responsibilities provided for by this Federal Law.

The legal capacity of a public association as a legal entity arises from the moment of state registration of this association.

Thus, the law provides that citizens can create public associations, including in the form of public organizations and social movements. At the same time, these organizations acquire the rights of legal entities only after appropriate registration. Lack of registration does not prevent an organization from operating without forming a legal entity.

Question: Can a public organization engage in commercial and other activities, having an entry in the Charter: “... and all other types of activities that do not contradict the law”? The main goal of the public organization is to protect the rights of military personnel, employees of the Ministry of Internal Affairs, FSK and members of their families.

Answer: In accordance with Article 117 of the Civil Code of the Russian Federation, public and religious organizations that are non-profit organizations have the right to carry out entrepreneurial activities only to achieve the goals for which they were created and in accordance with these goals.

Thus, any public organization has the right to engage in commercial activities, but it must be borne in mind that profits received from entrepreneurial and other activities are not distributed either among the founders of this public organization or among participants, but must be directed to the purposes specified in the Charter of this organizations, because public organizations are legal entities in respect of which their founders (participants) do not have property rights (clause 3 of article 48 of the Civil Code of the Russian Federation).

An indication that the founders (participants) of non-profit organizations do not distribute the profits received among themselves is contained in clause 1 of Article 50 of the Civil Code of the Russian Federation. In accordance with clause 2.12 of the Instruction on the procedure for calculating and paying income tax to the budget, budgetary and other non-profit organizations that have income from business activities pay tax on the amount of excess income received from such activity over expenses.

The income and expenses of organizations do not take into account income generated as a result of deductions for the maintenance of these organizations, received from other enterprises and citizens, membership fees, equity (share and target) contributions of participants in these organizations and expenses made from these funds.

Keeping records of income and expenses of these funds, as well as the amounts of income and expenses from business activities, is carried out separately.

03.03.98 A.V.Lopatnikov

Legal agency "Irsan"