How are charitable foundations structured? You can turn to the fund not only for money, but also for advice. Conditions for carrying out charitable activities in Russia

Despite all the cataclysms and civil strife, the world still remains full of kind people who are ready to help and support those in need. For this reason, it would be quite timely to study the question of how to open a charitable foundation in Russia and how to ensure that it does not develop into ordinary commerce.

Legal basis

The key goal of the charity is to help people in need. At its core, this enterprise is non-profit and is not created for profit.

According to Russian legislation, a person with Russian citizenship, a foreigner and a stateless person can become the founder of a fund.

Registration of organizations is carried out by the Ministry of Justice.

The activities of foundations are regulated by two laws:

"About non-profit organizations".
"On charitable activities."

But before addressing this issue to the authorized body, it is necessary to submit a clear project describing the areas of activity and sources of financing.

Where to begin

Before registration begins, a number of issues must be resolved:

determine the scope of activity, because it will still not be possible to provide assistance to everyone at once;
outline the charter and decide on the name;
find volunteers who will assist the project;
develop a website on the Internet;
find sponsors who will be willing to donate money to your foundation.

The founders of such an organization need to be prepared for the fact that if sponsors are not found before the opening, they will have to donate their money to the needs of the organization.

It would be a big mistake to look for sponsors after the opening.

Registration

So, having dealt with the issues listed above, we begin to prepare a package of papers for the Ministry of Justice. We offer a list of documents to open a charitable foundation:

Statement. For charitable foundations there is a special form that must be filled out in duplicate. One of them is certified by a notary.
The decision to create a fund and its charter. These papers must be submitted in triplicate.
Receipt with .
Documents with information about all addresses of the fund.
Premises rental agreements.

The decision by the authorized body will be made within two weeks. If the verdict is positive, you should appear at the Ministry of Justice and obtain all permits. After this, you will have to register with several more authorities:

insurance funds;
statistical service.

Reasons for refusal

Do not forget that the result of consideration of the application may be a refusal. There may be several reasons for this:

non-residents of the Russian Federation who are on the “black list”;
extremist organizations and persons related to them.

Where to get money

But the main sources of funds, in addition to the money of the project organizers themselves, can be:

donations from concerned citizens;
membership fee;
participation in grants;
income from securities;
profit from business organizations;
money received as a result of various charitable events - lotteries, concerts, auctions, promotions.

The main thing for investors is that the funds transferred to you go for their intended purpose.

Expenditure

Despite the fact that there is no need to form an authorized capital, some payments will still have to be made. These include:

rental of premises;
registration costs;
purchasing everything needed for the office.

It should be remembered that the legislation of the Russian Federation does not provide for the receipt of profit by such organizations in any form. This means that a charitable foundation cannot be opened as a business.

According to the law, of all the funds that charities receive, only 20% can be used for their own needs. The remaining part must certainly go towards the goals of the organization specified in the charter.

It is completely wrong to think that the employees of a charitable foundation do not receive wages. The founders can thus create jobs for themselves and their like-minded people in order to realize good intentions.

Conditions for carrying out charitable activities in Russia

All actions of charitable foundations are under the watchful eye of regulatory authorities. To avoid misunderstandings, the following requirements should be adhered to:

any activity of the fund must correspond to its goals;
founders have the right to raise funds from outside;
It is completely legal to create business societies, which can only include members of the fund;
part of the funds can be spent on supporting parties and public organizations;
opening branches, including in other countries, is not prohibited;
foundations can grow and merge into unions without losing their legal status;
An organization's balance sheet may include real estate, equipment, securities, intellectual and information resources.

Premises and staff

The location of the organization is not particularly important. Here the choice will be determined, rather, by the cost of the premises. You can try to resolve this issue with the local authorities. Often she is ready to provide at least a budget office option. Such a step has a good effect on the image of the municipality, and on the finances of the fund itself.

We are opening a new section “The Law of Public Associations”, in which we will cover issues of the creation and activities of public associations and non-profit organizations. At the same time, it is planned to touch upon not only purely legal issues, but also the practical side of the activities of NPOs from the point of view of experts who are constantly involved in non-profit projects.

We will start with the answer to the question received by our editors: “how can a school create a charitable foundation that receives funds from the parents of students, and then spends it on the needs of the school?”

Creating a non-profit organization (NPO) is not easy. Few people managed to register an NPO the first time and without eliminating the comments. The fact is that when creating a commercial organization, for example, a limited liability company, the tax authority does not check the constituent documents for compliance with the law, and in the case of registering an NPO, to which the fund belongs, the registering authority conducts a serious examination of all submitted documents, especially charter. In this article we will tell you how to create a fund and, most importantly, how to draw up documents for registration with the highest probability of their acceptance by the registering authority.

Who registers non-profit organizations?

Most non-profit organizations, including foundations, are registered by the territorial body of the Ministry of Justice of the Russian Federation (for the subject of the Federation).

How many founders are required for registration?

By law, one person is enough to register a fund. It is clear that the fewer founders, the less hassle there is with filling out document forms, holding constituent meetings, etc. The status of the founder itself does not affect anything; the status of the founder in the fund loses any legal significance immediately after registration (unlike establishment). However, from an organizational point of view for the future activities of the foundation, it is very important that the foundation is created not by one person, but by several. Moreover, it is best that these are high-status people, not from the school administration (not the school director, not the head teacher), but one of the parents holding a high position (director of a large enterprise, famous artist, deputy, etc.). Of course, there are cases of a foundation being established by one person, for example, the Alena Popova Foundation (which was created by the mother of a sick girl to raise funds for her treatment), but in the case of an initiative to create a foundation from an organization (in our case, a school), rather than a private individual, it is better of course, gather several people (for example, five, and then the number may increase, but as part of the governing bodies).

What documents need to be provided?

According to Art. 13.1. Federal Law dated January 12, 1996 No. 7-FZ “On Non-Profit Organizations” (hereinafter referred to as the Federal Law “On Non-Profit Organizations”) to register a fund, the following documents will be required:

1) Application in form RN0001 (approved by Government Decree No. 212 dated April 15, 2006). The application is signed by the applicant; this may be the future head of the fund or one of its founders. Print out the application with a receipt. It's better to make two copies. One of them must be certified by a notary, the other simply signed. The applicant must appear in person before the notary. The applicant may be one of the founders or the future head of the fund;

2) Charter in three copies;

3) The decision on the creation of a non-profit organization and on the approval of its constituent documents indicating the composition of the elected (appointed) bodies in two copies;

4) Information about the founders in two copies (drawn up in free form, this document indicates the full name, passport details, place of registration, contact information of the founders, it is advisable to sign by all founders);

5) Receipt for payment of state duty (it is also advisable to make a copy of it);

6) Information about the address (location) of the permanent body of the non-profit organization, through which communication with the non-profit organization is carried out (also a document drawn up in free form, it must indicate the address at which you can contact the head of the fund, most likely he will coincide with the legal address). It is important to note that a charitable organization can be registered at the place of residence of a citizen (founder, chairman), this is directly stated in Art. 9 Federal Law of August 11, 1995 No. 135-FZ “On Charitable Activities and Charitable Organizations” (hereinafter referred to as the Federal Law “On Charitable Activities”);

7) when using in the name of a non-profit organization the name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name - documents confirming the authority to use them;

8) an extract from the register of foreign legal entities of the relevant country of origin or another document of equal legal force confirming the legal status of the founder - a foreign person.

How to write a charter so that the Ministry of Justice can accept it?

But this is the most difficult thing about registering an NPO. The Ministry of Justice checks the charter for compliance with the law, therefore, even provisions taken from the law but paraphrased can be forced by this body to be rewritten. But most of all, there are quibbles about the goals and types of activities; the registration authority really likes to decide what the organization can do and what it cannot do.

So, what should be in the charter:

1. The name of the non-profit organization, containing an indication of the nature of its activities and legal form. The full and abbreviated name is indicated. The organizational and legal form in this case is a charitable foundation.

2. Location of the non-profit organization. The legal address is indicated.

3. Information about branches and representative offices(if they are planned to be established upon registration).

4. Subject and goals of the activity. Usually, the goals of the activity are first indicated (2-3 goals of a general nature, there is no longer a need to have less to complain about), then the types of activities that the organization has the right to engage in to achieve the goals are indicated. Since we are creating a charitable foundation, this section should indicate this in the purposes and types of activities (according to the Federal Law “On Charitable Activities”). It is better to choose as many different types of activities as possible that the organization will engage in in the future (both free of charge and for a fee), because otherwise, later you will have to make changes to the charter if something is missing. The Ministry of Justice very rarely includes the phrase “and other types of activities that do not contradict the law” in the charter.

5. Activity management procedure. In Art. 29 of the Federal Law “On Non-Profit Organizations” states that the procedure for managing a fund is determined by its charter. But the law still has one mandatory requirement for the composition of the fund’s bodies. The fund must have a board of trustees. It is the body of the fund and supervises the activities of the fund, the adoption of decisions by other bodies of the fund and ensuring their execution, the use of funds from the fund, and the fund’s compliance with legislation. It is imperative to indicate the procedure for forming the board of trustees (the law does not indicate anything in this regard, so here you can choose the most convenient procedure, for example, the formation of the board of trustees by the highest body on the proposal of the chairman). The powers of the board of trustees are specified in paragraph 3 of Art. 7: exercises supervision over the activities of the fund, the adoption of decisions by other bodies of the fund and ensuring their execution, the use of fund funds, and the fund’s compliance with legislation

In practice, as a rule, the following governing bodies are formed:

1. The highest management body is the board of the fund with the chairman of the board (operational management body),

2. Executive body (for example, executive director or president of the foundation),

3. Board of Trustees (supervisory body, formed by the board).

4. Auditor (audit commission)

The powers of the supreme body are specified in paragraph 3 of Art. 29 Federal Law “On Non-Profit Organizations”:

Changing the charter of a non-profit organization;

Determination of priority areas of activity of a non-profit organization, principles of formation and use of its property;

Formation of executive bodies of a non-profit organization and early termination of their powers;

Approval of the annual report and annual balance sheet;

Approval of the financial plan of a non-profit organization and amendments to it;

Creation of branches and opening representative offices of a non-profit organization;

Participation in other organizations;

In the same article you can take the decision-making procedure.

Also in Art. 10 Federal Law “On Charitable Activities” contains additional powers:

Approval of charitable programs;

Approval of the annual plan, budget of the charitable organization and its annual report;

The executive body of a non-profit organization can be collegial and (or) individual, appointed by the board. He carries out the current management of the activities of the non-profit organization and is accountable to the highest management body of the non-profit organization. For convenience, they usually use a model with a single body, but it can also be collegial - the executive directorate. The charter must indicate the term of his powers and the procedure for election (this should be within the powers of the highest governing body).

It is also necessary to provide for the position of an auditor (audit commission), who will exercise control over the financial and economic activities of the fund.

6. ANDsources of formation of property of a non-profit organization. The charter of an NGO is not a place for creativity, so it is better, again, to take everything verbatim from the law. The sources of property formation are listed in paragraph 1 of Art. 26 Federal Law “On Non-Profit Organizations” and Art. 15 Federal Law “On Charitable Activities”:

Contributions from the founders of a charitable organization;

Membership fees (for membership-based charities);

Charitable donations, including those of a targeted nature (charitable grants), provided by citizens and legal entities in cash or in kind;

Income from non-operating transactions, including income from securities;

Receipts from activities to attract resources (conducting campaigns to attract philanthropists and volunteers, including organizing entertainment, cultural, sports and other public events, conducting campaigns to collect charitable donations, holding lotteries and auctions in accordance with the legislation of the Russian Federation, selling property and donations, received from benefactors, in accordance with their wishes);

Income from legally permitted business activities;

income from the activities of business entities established by a charitable organization;

Volunteer work;

Other sources not prohibited by law.

There should be no membership fees, because a foundation is an organization without membership.

7. The procedure for making changes to the constituent documents of a non-profit organization. This function must be attributed to the powers of the highest management body. If you do not provide for the possibility of changing the charter of the fund, then it can only be changed in court (clause 4 of article 14).

8. The procedure for using property in the event of liquidation of a non-profit organization. Again, the procedure is best taken from the law and formulated as follows: upon liquidation of the fund, the property remaining after satisfaction of the creditors’ claims is directed in accordance with the charter of the fund for the purposes for which it was created and (or) for charitable purposes (clause 1 art. 20).

It must be said that the entire procedure outlined is equally suitable not only for creating a school foundation, but also any foundation (including a charitable foundation as its subtype).

And in conclusion, it is worth noting that the State Duma adopted in the first reading draft Federal Law No. 47538-6, introducing significant changes to the Civil Code of the Russian Federation. Non-profit organizations are also affected. A closed list of such organizations is established, and the number of organizational and legal forms is significantly narrowed. The Foundation remains a separate organizational and legal form of the NPO, but is also undergoing some changes. Thus, the board of trustees disappears from the governing bodies. All that remains is the highest collegial governing body, the sole manager and (optional) the board. The tentatively new edition of the Civil Code of the Russian Federation will be adopted by the end of 2012.

With the development of a culture of charity in Russia, every year it is possible to resolve issues of helping many people who need material support and emotional investment. This is a working tool that is implemented through the organization of charitable foundations and non-profit organizations. How to create such a structure? What does this require? And, the main question is, who will be interested in allocating funds for good purposes? We will reveal the answers to these questions in our article.

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What does the charitable foundation do? What projects can be implemented?
How to open and register a fund to raise money?
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How much money do you need to start a charity foundation?

Why are charitable aid funds created?

It would seem that the answer is obvious. Such organizations are created with the aim of providing assistance to individuals in need or special departmental organizations. For example, orphanages or homes for the disabled. In addition to the main task of helping those in need, the creation of a charitable organization solves a number of additional issues.

These include creating jobs and reducing the tax burden for legal entities that make material contributions. Therefore, it may be interesting for a potential benefactor that in addition to solving an important and necessary relief mission, you can receive an additional advertising, reputation and tax bonus.

The structure of the charitable foundation

Let's look at the scheme of the charitable foundation. Who participates in the processes and what functionality they perform.

Correctly organizing the work and system of interaction of all participants is an important component of the implementation of the activities of a charitable foundation.

There is a RPM rule that will allow you to achieve success in your chosen direction and help more people.

Unfortunately, fraudulent schemes for withdrawing funds collected under the auspices of aid are becoming more and more common. Therefore, the issue of having a crystal clear reputation is extremely important in the field of charity.

Without qualified personnel, it will not be easy to cope in this area. Competent legal consultants, marketers, managers and executives are needed.

To make your business known, you need a well-thought-out marketing campaign that will help gather philanthropists and patrons.

Instructions

Russian legislation does not contain a list of species. Their simplest classification is classification by attribute. Private foundations are created by individuals, such as family members. Corporate foundations can be created by non-profit organizations. Public funds are created by public associations or initiative groups of citizens. There are also mixed funds.

Fund is a legal entity, This means that he has the right, on his own behalf, to acquire and exercise property and non-property rights and bear, be a plaintiff and defendant in court. Fund is considered created from the moment of its state registration and has no term limits, unless otherwise established in its constituent documents.

The creation of a fund occurs by decision of its founders (or). In the first case, the founders of the fund hold a meeting at which they decide on the establishment of the fund. It also approves the foundation's charter - its main document, which sets out its goals. If there is only one founder of the fund, then he personally makes the decision to establish the fund and approves the charter.

The sources of the formation of the fund’s property can be proceeds from the founders, voluntary contributions from any interested parties, income from business activities and any other funds. According to the law, the profit received by the fund is not distributed among the founders. The property and all described receipts are the property of the foundation. They are used for the purposes specified in the charter.

Fund s, like other non-profits, are registered with the territorial body of the Ministry of Justice of the Russian Federation. To register a fund, the following documents are required:
1. statement;
2. charter in triplicate;
3. decision to establish the fund in two copies;
4. information about the founders in two copies;
5. receipt of payment of state duty (duty amount - 4000);
6. information about the location of the permanent body of the fund for communication with it.

Sources:

creation of a fund

Charitable assistance is free assistance to surrounding people, animals, and the natural world who, for some reason, find themselves in a difficult situation. In order to provide charitable assistance, you do not need to open a charitable foundation or register an appropriate organization; it is enough to simply open it in a bank.

Instructions

Contact a bank consultant and find out if the bank creates this kind of check and who exactly do you need to contact to open a charity check and also get from him full information about what is required to open such check A.

Take a sheet of A4 paper, which you can ask on site from the bank employees, and a ballpoint pen.
Write an application addressed to the bank in any form, indicating the purpose of opening such a charity check nogo check a (, assistance to injured animals, assistance to the homeless, etc.), further purpose (use) received from check from funds (payment for medical treatment, transfer to an animal protection fund, provision of food to the homeless, etc.), as well as indicating the required amount for collection (should be indicated in numbers and in words), your details (passport details and personal information to the person or who needs help) and the period for which a charity should be opened check.

Sign the application with your own hand and indicate the date of its submission for review and deciphering of the signature.
Pass the application to the bank employee in the appropriate window.

Enter into an agreement with the bank to open a charity check A. To conclude such an agreement, you must have an identity document with you. After the agreement is concluded, the bank will provide you with a check ny check, for which there will be funds. Ra number check nogo check and you will find it in the contract.

Facial opening procedure check and for a charitable purpose is completed. Now all you have to do is contact the tax authorities and provide information about opening a charity check and, if the bank does not send such information independently.

If your decision was to open (institution), then be sure to familiarize yourself with some aspects that may be useful in achieving your goal. Your foundation should become truly useful to society.

You will need

- Personal bank account;
- notarized documents;
- notice of acquisition of legal entity status.

Instructions

Define your purpose fund. It can be used for charitable or investment purposes, and can be either private or public. Both capable citizens of the Russian Federation and stateless persons who are located on the territory of the Russian Federation can open a fund.

Register the fund you have invented with the Ministry of Justice, providing the necessary package of documents with the included application in the approved form (certified by a notary); charter, decision (protocol) on the creation fund; documents confirming the right to use the legal address; a receipt for payment of the state duty (its amount is 4,000 rubles). Registration fund takes about one and a half months, during which the Ministry will review the submitted documents.

Carry out mandatory registration with the relevant government agencies. To do this, within five working days the fund must register for tax purposes, obtain a TIN certificate and a ROSSTAT certificate.

Choose the appropriate tax system. The rights of the newly created fund includes filing an application for transition to taxation under a simplified system within five days after registration with the tax authority.

Open a current account as an independent legal entity. Here you have complete freedom of choice, since the fund can open an unlimited number of accounts in any banks throughout the country, both in foreign currency and in rubles. But remember that after opening an account, you must report it to the tax authority within five days.

Receive the necessary notification about acquiring the status of a legal entity from extra-budgetary funds: the Pension Fund, the Mandatory Medical Insurance Fund, the Social Insurance Fund.

Sources:

How to establish a fund?

Choose a direction of activity for the organization. Depending on the future, you will have to choose the legal form of your enterprise (foundation, association, association, establishment, etc.). In addition, by organizing some of them, you will be able to engage in commercial activities, but only on the condition that all the amounts you receive will be directed to charitable needs.

Contact the tax authorities and submit all documents, register a legal entity, receive a Unified State Register of Legal Entities and Rosstat codes, and issue a stamp. Please note: Charities are not exempt from all taxes. So they have to pay VAT in full on income received from business, directed to charitable needs. At the same time, income received from other sources is not subject to taxes.

Rent a suitable office space. Choose premises in the city center or in an office center building. Offices located in disadvantaged areas or outside the city do not contribute to improving the reputation of organizations. Register the name of the organization with Rospatent.

Contact the Federal Reserve Service branch under the Ministry of Justice of the Russian Federation for registration. You will be asked to submit the following documents: - application for registration (in 2 copies);
- original and 2 notarized copies of the charter;
- information about the founders (in 2 copies);
- minutes of the constituent meeting (2 certified copies);
- letter of guarantee from the landlord;
- not lower than the all-Russian level - protocols, congresses, etc.;
- documents confirming your right to use the organization.

Receive a certificate of registration of your organization from the Federal Reserve Office under the Ministry of Justice no later than 30 days.

Video on the topic

A non-profit organization that is established by citizens and (or) legal entities on the basis of voluntary property contributions received from them. A distinctive feature of the foundation is that it pursues various kinds of charitable, social, cultural or other socially beneficial goals.

Instructions

A charitable foundation can be created either by reorganizing an existing legal entity (another organization) or by establishing it. The founders of the fund can be both citizens and legal entities. The founders may also include state bodies and local government bodies, if this does not contradict the law.

The process of formation through its establishment begins with the decision to create it on behalf of all founders. This decision is made by them at the general meeting. Issues of managing the fund and approving it should also be resolved here.

What is a charitable foundation in Ukraine and in the world? This is an organization registered as a legal entity and uses donations to implement charitable programs. Most civilized countries support charity at the legislative level, providing tax benefits to foundations, as well as to individuals making voluntary donations.

At the same time, the fund cannot be regarded as a tool for optimizing tax costs. Modern legislation does not allow people to engage in commercial activities under the guise of charity and without paying taxes in full. Therefore, all modern foundations are non-profit, non-governmental organizations.

What a charitable foundation allows you to do - the answer to the question about the need for such organizations:

Make charity systematized and comprehensive. Businessmen who are trying to engage in private philanthropy are faced with ambiguity and some randomness of requests from various individuals. The fund is already a structure that defines clear rules for receiving assistance and distributes amounts based on budget capabilities.
Strengthen the reputation of the fund founder. Today, charity is not a PR tool, but an important component of a businessman’s activities for the entire period of his career. A foundation that has its own value system and a number of missions will allow achieving effective results in philanthropy.
The activities of the fund are usually planned in the long term.
All monetary transactions of the charitable foundation are transparent: reporting can be made available to interested parties at any time.
Successful charities can participate in national and international projects, funding solutions to global problems.

How does the charity work?

How a charitable foundation operates is usually stated in its charter: in particular, the principles of operation, methods of raising funds and distributing donations.

In general, foundations conduct so-called socially oriented activities or distribute grants for training and scientific research in a certain socially significant industry. Funds can seek funds for their activities in the following ways:

receive voluntary donations from individuals and companies;
receive subsidies and subsidies from local or state budgets;
receive targeted funding or grants from other charitable foundations;
conduct commercial activities not prohibited by law;
invest in securities or store them in deposit accounts.

In its charter, a charitable organization determines what percentage of cash receipts it has the right to use to cover the immediate needs of the foundation. Usually we are talking about 20% of each financial receipt, which is spent on renting premises, producing advertising materials, salaries of key employees, transportation costs, etc.

Key employees are people who occupy key positions in the work of the fund and are responsible for organizing activities: manager, accountant, lawyer, etc. It is allowed to attract volunteers who work on a voluntary basis for social and propaganda work.

The charitable foundation operates in accordance with the approved program, developing precisely these areas. The transfer of funds to the needy party occurs according to different schemes, depending on the purpose and amount of funding of the funds:

transfer of money directly to a person in need (pensioner, sick person, etc.);
payment for certain services (studies for students, treatment for a patient or group of patients, etc.);
purchase and ;
financing the activities of narrowly focused funds, etc.

A charitable foundation is a non-profit organization that does not provide for the receipt of income for the personal enrichment of any of its employees or founders.

Charitable foundation structure

The scheme or structure of a charitable foundation largely depends on the specifics of its activities. However, all charitable organizations have common features - this, in particular, concerns the construction of a leadership vertical.

The highest governing body of the group is considered to be a collegial body (most often the general meeting), acting in accordance with the adopted Charter of the organization.

The management body is vested with the right to approve the Charter (or regulations) of a charitable foundation, amend it, elect executive and control bodies, approve directions and programs of charitable activities, and make other key decisions.

The executive body of the fund is the board. His powers are determined by the Charter or regulations of the organization. The current activities of the charitable foundation are ensured by the administrative and executive body: director (or president), a group of directors in areas. Their powers are determined by the organization's Charter.

The functions of monitoring the work of the organization are performed by the fund's supervisory board, the composition of which is determined by the founder (founders).

Who can be among the directors of the fund? Again, it all depends on the volume and direction of the organization’s activities. In small funds, there is one director, he controls several key employees (accountant, lawyer, etc.), and the rest of the work is performed by volunteers.

In large funds with multimillion-dollar assets, a full-fledged staff is required for the normal organization of activities: a financial director, a human resources director, the head of the structure responsible for the external relations of the fund, etc. Such organizations have a staff of employees who provide optimal solutions to the key tasks of the organization. Volunteers are recruited for voluntary work related to collecting donations, contacting persons receiving charitable assistance, etc.

Funds that have branches within the same city or country will have a completely different principle of management and staff structure. However, in any case, this structure will meet the requirements of the law and the provisions approved by the Charter of the charitable foundation.