Charter of a regional public organization. Charter of a public organization (All-Russian). by the decision of the founders of the Public Organization

All-Russian public organization

1. GENERAL PROVISIONS

1.1. The All-Russian Public Organization "", hereinafter referred to as the Organization, is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens and legal entities - public associations.

1.2. Full name of the Organization in Russian: All-Russian public organization "", abbreviated name in Russian: ROO "", full name in language: "", abbreviated name in language: "".

1.3. The organization operates throughout the territory Russian Federation.

1.4. Location of the Organization:.

1.5. The organization is considered to be created as a legal entity from the moment of its state registration in the established federal laws okay.

1.6. The organization is created without any time limit.

1.7. The Organization can be a plaintiff and defendant in courts of general jurisdiction, arbitration and arbitration courts, on its own behalf, acquire and exercise property and non-property rights in accordance with the objectives of the Organization's activities, provided for by the Organization's charter, and bears obligations related to this activity.

1.8. The organization has a round seal with the full name of the Organization in Russian, stamps and letterheads with its name.

1.9. The organization can have flags, emblems, pennants and other symbols. The symbols of the Organization should not coincide with the state symbols of the Russian Federation and the subjects of the Russian Federation, as well as with the symbols of foreign states. The symbols of the Organization should not violate the rights of citizens to intellectual property, insult their national and religious feelings. The symbols of the Organization are subject to state registration and accounting in the manner established by law Russian Federation.

1.10. The organization has the right, in accordance with the established procedure, to open settlement, currency and other bank accounts on the territory of the Russian Federation and abroad.

1.11. The requirements of the charter of the Organization are binding on all bodies of the Organization and its members.

1.12. The organization is not responsible for the obligations of its members. Members of the Organization are not responsible for the obligations of the Organization. The Organization is not responsible for the obligations of the state and its bodies, and the state and its bodies are not responsible for the obligations of the Organization.

1.13. The organization is responsible for its obligations with the property on which, according to the legislation of the Russian Federation, a claim can be levied.

2. PURPOSE, SUBJECT, KINDS OF ACTIVITY

2.1. The purpose of the creation of the Organization is to protect the common interests of its members in the field.

2.2. The subject of the Organization's activities is:.

2.3. The organization carries out the following activities (or several types of activities):

2.4. Separate types activities can be carried out by the Organization only on the basis of special permits (licenses). The list of these types of activities is determined by law.

2.5. The organization has the right to carry out entrepreneurial activity only insofar as it serves to achieve the statutory goals for which it was created, and corresponding to these goals. Entrepreneurial activity is carried out by the Organization in accordance with the Civil Code of the Russian Federation, federal laws and other legislative acts of the Russian Federation.

2.6. The organization has the right to create business partnerships, companies and other business organizations, as well as acquire property intended for maintaining entrepreneurial activity.

2.7. In the interests of achieving its goal, the Organization may create other non-profit organizations and join other public associations and non-profit organizations.

2.8. Interference in the economic and other activities of the Organization by state and other organizations is not allowed, unless it is conditioned by their right to exercise control over the activities of the Organization.

2.9. The organization carries out its activities in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law "On Non-Commercial Organizations", the Federal Law "On Public Associations" and other legislation of the Russian Federation.

2.10. Organization according to current legislation can join international public associations, acquire rights and bear obligations corresponding to the status of these international public associations, maintain direct international contacts and relations, conclude agreements with foreign non-profit non-governmental organizations.

2.11. The organization takes part in elections and referenda in accordance with the procedure established by the legislation of the Russian Federation.

3. MEMBERS OF THE ORGANIZATION. TERMS AND PROCEDURE FOR ACQUISITION AND LOSS OF MEMBERSHIP

3.1. Members of the Organization can be citizens who have reached the age of 18, and legal entities- public associations:.

3.2. The condition for membership in the Organization is:.

3.3. Admission to the Organization of new members is carried out on the basis of:.

3.4. A new member is admitted to the Organization upon submission required documents specified in clause 3.3, and the fulfillment of the conditions specified in clause 3.2 of the charter, by decision of the general meeting of the members of the Organization.

3.5. Grounds for secession from the Organization or loss of membership (exclusion from members) of the Organization:

3.6. Registration of withdrawal from the members of the Organization is carried out within days from the date of submission of the necessary documents and the fulfillment of the requirements specified in clause 3.5.1 of the charter, by decision of the general meeting of the members of the Organization.

3.7. Registration of exclusion from the Organization or loss of membership is made within days from the date of submission of the necessary documents or other circumstances specified in clause 3.5.2 of the charter, by decision of the general meeting of the members of the Organization.

4. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE ORGANIZATION

4.1. Members of the Organization have the right:

participate in managing the affairs of the Organization in the manner prescribed by the charter and other regulations Organizations;
elect and be elected to the governing and control and auditing bodies of the Organization;
in the prescribed manner to receive information about the activities of the Organization;
transfer property or rights to use property to the Organization, intangible rights.

4.2. A member of the Organization has the right to withdraw from the Organization at his own discretion. Upon leaving, a member of the Organization (not) has the right to demand the return of the property contributed by him, the termination of the rights to use the property and (or) intangible rights granted to him, as well as the transfer of part of the property of the organization to him in the following order:. With regard to an expelled or lost membership of the Organization, the rules apply to members leaving the Organization at their own discretion.

4.3. The entry into the Organization of a new member cannot be conditioned by his responsibility for the obligations of the Organization that arose before his entry.

4.4. Members of the Organization are obliged:

comply with the provisions of the Charter of the Organization, other regulations of the Organization, implement the decisions of the governing bodies of the Organization;
take part in the activities of the Organization;
timely and in full to fulfill the obligations assumed in relation to the Organization;
provide information necessary to resolve issues related to the activities of the Organization;
render assistance to the Organization in its activities.

4.5. Members of the Organization may also have other rights and bear other obligations in accordance with the current legislation of the Russian Federation, other regulatory documents Organization, as well as agreements concluded with the Organization.

5. STRUCTURE, MANAGEMENT BODIES, MANAGEMENT PROCEDURE OF THE ORGANIZATION

5.1. The supreme governing body of the Organization is the general meeting (Conference, Congress) of the members of the Organization (hereinafter referred to as the general meeting). The permanently operating governing collegial governing body of the Organization is the board, which is elected by the general meeting and is accountable to it.

5.2. The main function of the general meeting is to ensure that the Organization adheres to the goals for which it was created.

5.3. The exclusive competence of the general meeting includes the solution of the following issues:

changing the charter of the Organization;
determination of the priority directions of the Organization's activities, the principles of the formation and use of its property;
formation of the Board of the Organization and early termination of its powers;
statement annual report and the annual balance sheet;
statement financial plan Organization and amendments to it;
creation of branches and opening of representative offices of the Organization;
participation in other organizations;
reorganization and liquidation of the Organization;

5.4. The general meeting meets as needed, but at least once a year.

5.5. Each member of the Organization is obliged to attend the general meeting and take part in its work.

5.7. The general meeting of the members of the Organization is competent if more than half of its members are present (represented) at the said meeting.

5.8. The decision of the general meeting is adopted by a majority of votes of the members present at the meeting.

5.9. The decision of the general meeting on issues of the exclusive competence of the general meeting is adopted unanimously.

5.10. Minutes are kept at general meetings.

5.11. For practical current management of the Organization's activities in the period between the convocations of general meetings, the Board of the Organization is elected - a permanent governing body of the Organization.

5.12. The Board of the Organization is elected by the general meeting for a period of ___ years (years) from among the members of the Organization in the number established by the general meeting.

5.13. The Board of the Organization can be re-elected after the expiration of the term of office for a new term. The issue of early termination of his powers may be raised at the general meeting at the request of at least 1/3 of its members.

5.14. The competence of the Board includes the solution of all issues that do not constitute the exclusive competence of other governing bodies of the Organization. The Board regularly informs the members of the Organization about the activities of the Organization.

5.15. The work of the board is organized by the chairman of the board elected at the meeting of the board. Minutes are kept at meetings of the board, held at least often.

5.16. The Chairman of the Board acts on behalf of the Organization without a power of attorney.

5.17. The Management Board is located at the location of the Organization.

6. DOCUMENTATION. CONTROL OF THE ORGANIZATION'S ACTIVITIES

6.1. The organization maintains accounting records and statistical reporting in the manner prescribed by the legislation of the Russian Federation.

6.2. The Organization provides information on its activities to state statistics and tax authorities, members of the Organization and other persons in accordance with the legislation of the Russian Federation.

6.3. Responsibility for organization, condition and accuracy accounting in the Organization, the timely submission of the annual report and other financial statements to the relevant authorities, as well as information on the activities of the Organization presented to the members of the Organization, creditors and the media, is borne by the board.

6.4. The organization keeps the following documents:

the charter of the Organization, amendments and additions made to the charter of the Organization, registered in accordance with the established procedure, the decision on the establishment of the Organization, the document on the state registration of the Organization;
documents confirming the rights of the Organization to the property on its balance sheet;
internal documents of the Organization;
regulations on the branch or representative office of the Organization;
annual reports;
accounting documents;
accounting documents;
minutes of general meetings, meetings of the board, the audit commission (auditor) of the Organization;
conclusions of the audit commission (auditor) of the Organization, the auditor of the Organization, state and municipal authorities financial control;
other documents provided for by federal legislation;
other documents provided for by the internal documents of the Organization, decisions of the general meeting, the Board of the Organization, as well as documents provided for by legal acts of the Russian Federation.

The Organization is obliged to provide the members of the Organization with access to the above documents.

6.5. To exercise control over the financial and economic activities of the Organization, the general meeting elects from among the members of the Organization an audit commission consisting of ___ members for a period of one year. The dismissal of individual members of the Audit Commission, as well as the election of its new members, is not a basis for reducing or extending the term of the entire Auditing Commission. To organize the work of the audit commission, its chairman is elected.

6.6. The competence of the Audit Commission (auditor) of the Organization includes the following powers:

check (audit) financial economic activity Organizations based on the results of their activities for the year, as well as at any time at the initiative of the Auditing Commission (auditor), decision of the general meeting or at the request of a member of the Organization;
requesting documents on financial and economic activities from the governing bodies of the Organization;
calling a general meeting;
drawing up an opinion based on the results of an audit of financial and economic activities, which should contain:
- confirmation of the accuracy of the data contained in the reports and other financial documents of the Organization;
- information on the facts of violation of the procedure for maintaining accounting records and submission of financial statements established by legal acts of the Russian Federation, as well as legal acts of the Russian Federation in the course of financial and economic activities;

6.7. The procedure for the activities of the audit commission (or auditor) of the Organization is determined by the internal document of the Organization - the regulation (regulations, etc.), approved by the general meeting.

6.8. By the decision of the general meeting, members of the audit commission (auditor) of the Organization during the period of their duties (not) are paid remuneration and (or) compensated for the costs associated with the performance of their (them) duties. The amount of such remuneration and compensation is established by the decision of the general meeting.

6.9. To check the financial and economic activities of the Organization, the general meeting shall appoint and approve the auditor of the Organization.

6.10. The auditor checks the financial and economic activities of the Organization in accordance with the legal acts of the Russian Federation on the basis of an agreement concluded between the Organizations and the auditor. The amount of payment for the services of the auditor is determined by the general meeting.

6.11. State bodies control the activities of the Organization in accordance with Article 38 of the Federal Law “On Public Associations”.

7. PROPERTY OF THE ORGANIZATION

7.1. The organization may own land, buildings, structures, structures, housing stock, transport, equipment, inventory, cultural, educational and recreational property, cash, shares, others securities and other property necessary for the material support of their activities specified in the charter. The Organization may also own institutions, publishing houses, mass media created and acquired at the expense of the Organization in accordance with its statutory goals.

7.2. The property of the Organization is formed on the basis of admission and membership fees. Other sources of formation of the property of the Organization in monetary and other forms are:

voluntary contributions and donations;
receipts from lectures, exhibitions, lotteries, auctions, sports and other events held by the Organization;
income from business activities;
income from civil transactions;
income from foreign economic activity Organizations;
long-term and short-term loans, loans;
dividends (income, interest) received on shares, bonds, other securities and deposits;
income received from the property of the Organization;
other income and income not prohibited by law.

7.3. The procedure for regular and one-time receipts from members of the Organization is established by the general meeting of the Organization.

7.4. Income from business activities of the Organization cannot be redistributed among the members of the Organization and should only be used to achieve statutory goals.

7.5. The organization accepts donations in the form Money and other property for activities related to the preparation and conduct of elections, only in the manner prescribed by the Federal Law "On Political Parties" and the legislation of the Russian Federation on elections.

7.6. The organization is not entitled to pay remuneration to members for participation in the general meeting, with the exception of compensation for expenses directly related to participation in the general meeting.

7.7. At the expense of earmarked contributions from members and profits, the Organization creates the following funds:

capital investments;
wages;
representative, reserve and others - by decision of the general meeting of the members of the Organization.

7.8. The composition, purpose, size and procedure for the formation and direction of spending the relevant funds are determined by the decision of the general meeting of the members of the Organization.

7.9. The amount and procedure for payment of targeted contributions by members are established by the general meeting of the Organization.

7.10. The property of the Organization is protected by law.

7.11. The Organization is allowed to use its funds for charitable purposes.

8. SUSPENSION OF ACTIVITIES, REORGANIZATION AND LIQUIDATION OF THE ORGANIZATION

8.1. The activities of the Organization may be suspended in accordance with Article 42 of the Federal Law “On Public Associations”.

8.2. The organization can be reorganized in accordance with Article 25 of the Federal Law "On Public Associations".

8.3. An organization can be liquidated voluntarily in the manner prescribed by Articles 61 - 64 of the Civil Code of the Russian Federation, taking into account the requirements of Articles 18 - 21 of the Federal Law "On Non-Commercial Organizations".

8.4. An organization can be liquidated forcibly in accordance with Article 26 or Article 44 of the Federal Law "On Public Associations".

8.5. From the moment of the appointment of the liquidation commission, the powers to manage the affairs of the Organization are transferred to it. The Board ceases to function.

8.6. In the absence of a legal successor, documents of permanent storage that have scientific and historical significance are transferred to state storage in the archives of the association ""; personnel documents (orders, personal files, personal accounts, etc.) are transferred for storage to the archive on the territory of which the Organization is located. The transfer and ordering of documents is carried out by forces and at the expense of the Organization in accordance with the requirements of archival authorities.

8.7. When the Organization is liquidated, the property remaining after the satisfaction of creditors' claims, unless otherwise established by the Federal Law "On Non-Commercial Organizations" and other federal laws, is directed to the purposes for which it was created, and (or) to charitable purposes in the manner determined by the general meeting Organization (this procedure may be established in the charter).

8.8. If the use of the property of the liquidated Organization in accordance with its constituent documents is not possible, it turns into the income of the state.

9. PROCEDURE FOR MAKING CHANGES AND ADDITIONS TO THE CHARTER

9.1. The issue of amendments and additions to the charter of the Organization is submitted for consideration by the general meeting on the initiative of the board or on the initiative of at least one third of the members of the Organization.

9.2. Changes and additions to the charter, approved by the general meeting, are subject to state registration.

9.3. State registration of changes and additions to the charter of the Organization is carried out in the manner prescribed by the current legislation of the Russian Federation.

9.4. Changes and additions to the charter of the Organization come into force from the moment of their state registration.

REGISTERED by the constituent meeting ____________________________ _______________________ ____________________________ "__" ___________ 20__ ____________________ 20__ Certificate No. __________ Changes and additions were approved at the General Meeting ____________________________ "___" _____________ 20__ Minutes No. ___________. CHARTER OF THE REGIONAL PUBLIC ORGANIZATION "____________________________________________________________" _______________ I. GENERAL PROVISIONS 1.1. The public organization "_______________________________", hereinafter referred to as the "Organization", was created by decision of the constituent assembly "__" ___________ 20__ and registered _____________________________________________ "__" ________ 20__, certificate No. ______________. 1.2 .. The organization is an independent public association based on membership, created in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Law of the Russian Federation "On Public Associations", and other legislative acts. 1.3. The organization is a legal entity under Russian law, enjoys the rights and bears the obligations provided for by the legislation of the Russian Federation for public associations. 1.4. An organization can, on its own behalf, acquire property and non-property rights, bear obligations, be a defendant and a plaintiff in court, arbitration or arbitration courts, in the interests of achieving statutory goals, to make transactions that comply with the law, both on the territory of the Russian Federation and abroad. 1.5. The organization has separate property and an independent balance sheet, ruble and foreign currency accounts in banking institutions, a round seal with its name. The organization has the right to have its own flag, emblem, pennants and other symbols that are subject to registration and accounting in the manner prescribed by the legislation of the Russian Federation. 1.6. "________________________" is a voluntary, self-governing, non-profit, creative public organization created at the initiative of a group of citizens united on the basis of common spiritual interests and joint activities to protect these common interests and to achieve the goals specified in this Charter. 1.7. The Organization's activities are based on the principles of voluntariness, equality, self-government and legality. Within the framework established by law, the Organization is free to determine its internal structure, forms and methods of its activities. 1.8. The organization is an interregional public organization. Region of operation - ________________________________. The location of the permanent governing body (Presidium) is _____________________________________________________. 1.9. In accordance with the current legislation, the Organization is considered to be created from the moment the decision on its creation is made. The legal capacity of the Organization as a legal entity arises from the moment of its state registration in the prescribed manner. 1.10. The activities of the Organization are public, and information about its constituent and program documents is publicly available. II. PURPOSES, OBJECTIVES AND DIRECTIONS OF ACTIVITY OF THE ORGANIZATION 2.1. The organization was created to promote creative professional activity workers in the socio-cultural sphere, creating conditions for the practical implementation of programs for the preservation and revival of the traditions of folk art, supporting the initiatives of amateur groups and promoting their implementation, raising the cultural level of residents _______________________________________. 2.2. To achieve its activities, the Organization carries out: - development of programs for the development of amateur folk art and their practical implementation; - coordination and organization of creative activities of amateur groups; - Creation of information data banks for the development of amateur creativity; - organization of trips and excursions (including on a paid basis) for members of the Organization and other persons in Russia and foreign countries in order to popularize amateur folk art, as well as for tourist and other socially useful purposes. - organization of refresher courses and retraining of specialists in the social and cultural sphere in the manner prescribed by the legislation on education; - organizational, methodological and consultative and informational support of the activities of enterprises, institutions, creative organizations, unions, foundations, charitable organizations on issues of social and cultural work; - the creation of clubs of interest, the formation of musical, choreographic, circus, acting groups, the organization of their performances; - organization of exhibitions of folk art of various genres and trends; - conducting lectures and seminars on topical issues art history, the development of folk art, the organization of author's concerts and meetings with figures of literature and art; - organizing and facilitating tours of creative teams both in the country and abroad; - other directions promoting the development of amateur creativity. 2.3. In the interests of achieving the statutory goals and objectives, the Organization has the right to: - make various transactions on its own behalf; - to acquire property and personal non-property rights; - freely distribute information about their activities; - to establish mass media and carry out publishing activities; - in the manner prescribed by law, represent and protect the rights and legitimate interests its members and participants, as well as other persons; - come up with initiatives on various issues of public life, make proposals to government bodies; - to attract on a voluntary basis the funds of state organizations, institutions, departments, local self-government bodies, public associations, banks, commercial organizations, foreign state and other institutions and organizations, as well as individual citizens; - to carry out charitable activities; - to carry out charitable events (including lotteries, concerts, auctions, tours, etc.); - create business partnerships, companies and other business organizations, as well as acquire property intended for conducting business activities; - independently determine the procedure, forms of organization and remuneration of staff and attracted specialists; - carry out any other activity not prohibited by applicable law and aimed at achieving the statutory goals of the Organization. 2.4. "________________________" as a public organization is obliged to: - comply with the legislation of the Russian Federation, generally recognized principles and norms international law ; - to ensure transparency in their activities; - annually inform the registration authorities about the continuation of their activities, indicating the actual location of the permanent governing body, its name and data on the heads of the Organization in the amount of information submitted to the tax authorities; - admit representatives of the body that registered the Organization to the events held by the Organization; - provide assistance to representatives of the body that registered the Organization in familiarization with the activities of the Organization in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation. 2.5. Failure to submit updated information for entry into the unified state register of legal entities within three years entails the application of sanctions to the Organization provided for by law. III. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE ORGANIZATION. PARTICIPANTS OF THE ORGANIZATION 3.1. Members of the Organization can be: - citizens of the Russian Federation who have reached the age of 18, foreign citizens and stateless persons who share the goals of the Organization, recognize the Charter, have paid the entrance fee, regularly pay membership fees and take personal part in the work of the Organization; - public associations that are legal entities that have expressed solidarity with the goals and objectives of the Organization, recognize the Charter, have paid the entrance fee, regularly pay membership fees and contribute to the activities of the Organization, including by financing ongoing events. 3.2 .. Individuals are accepted as members of the Organization on the basis of a personal application, public associations on the basis of an application with the attachment of the relevant decision of their governing bodies. 3.3. Admission and exclusion of members of the Organization is carried out by the Presidium by a simple majority of votes from the total number of members of the Presidium. 3.4. The Presidium keeps track of the members of the Organization. The grounds for inclusion in the list and exclusion from the list of members of the Organization are the relevant decisions of the Presidium, as well as statements by the members of the Organization to withdraw from the Organization. 3.5. Members of the Organization have the right: - to enjoy the support, protection and assistance of the Organization; - to take part in the elections of the governing and supervisory bodies of the Organization and to be elected in them; - to participate in events held by the Organization; - make proposals regarding the activities of the Organization and participate in their discussion and implementation; - to represent the interests of the Organization in government and other bodies, as well as in relations with other organizations and citizens on behalf of its elected bodies; - receive information about the activities of the Organization; - freely withdraw from the members of the Organization on the basis of an application. 3.6. Members of the Organization are obliged: - to comply with the Charter of the Organization; - to take part in the activities of the Organization; - pay membership fees on time; - to comply with the decisions of the governing bodies of the Organization; - to contribute with their activities to improve the efficiency of the Organization; - not to commit actions that violate the Charter of the Organization, the ethics of companionship, as well as actions that cause moral or material damage Of the Organization, refrain from activities contrary to the goals and objectives declared by the Organization. 3.7. A member of the Organization terminates his membership in the Organization by submitting an application to the Presidium of the Organization. In addition, the corresponding decision of the governing body of this legal entity is attached to the application of a member of the Organization that is a legal entity. 3.8. A member of the Organization is considered to have left it from the moment of filing an application. 3.9. Members of the Organization may be expelled for non-payment of membership fees, for activities contrary to the goals and objectives of the Organization, as well as for actions that discredit the Organization, causing it moral or material damage. 3.10. The exclusion of members of the Organization is made by the Presidium by a simple majority of votes from the total number of votes held by the members of the Presidium. The decision on exclusion can be appealed to the General Meeting, the decision of which on this issue is final. 3.11. Members of the Organization may be issued certificates of a member of the Organization. The form of the certificate is approved by the Presidium IY. ORGANIZATIONAL STRUCTURE AND GOVERNING BODIES OF THE ORGANIZATION 4.1. The highest governing body of the Organization is the General Meeting of Members "_______________________________", which is convened at least once a year. An extraordinary General Meeting may be convened at the request of at least 1/3 of its members, by the Audit Commission or the Presidium. Members and participants of the Organization shall be notified personally of the convocation of the General Meeting no later than 15 days before the date of the General Meeting. 4.2. General meeting of the Organization: - elects the President and Vice-President of the Organization, members of the Presidium, the Audit Commission (Auditor), in the number determined General meeting, for a period of two years; - hears and approves the reports of the Presidium and the Audit Commission (Auditor); - approves the Charter of the Organization, as well as changes and additions to it; - makes a decision on the reorganization and liquidation of the Organization; - determines the size of the annual and entrance fees; - determines the amount of remuneration for members of the Presidium and the Audit Commission; - determines and approves the main directions of the Organization's activities and other important issues proposed for consideration. 4.3. The general meeting is competent if more than half of the members of the Organization are present. Decisions are taken by an open vote. Elections of the governing bodies of the Organization are held by open or secret ballot by a simple majority of votes of the members of the Organization present at the meeting. 4.4. In the absence of a quorum, the General Meeting may be postponed for up to 15 days. A repeated meeting is competent if at least 1/3 of the members of the Organization are present. If less than half of the members of the Organization are present at the repeated General Meeting, the meeting has the right to resolve any issue within its competence, with the exception of the approval of the Charter, additions and changes to it, as well as making decisions on the reorganization and liquidation of the Organization. 4.5. Decisions on the approval of the Charter, amendments and additions to it, on the reorganization and liquidation of the Organization are made by a qualified majority of votes (75%) of the number of votes possessed by the members of the Organization present at the General Meeting. In other cases, decisions are made by a simple majority vote. 4.6. In the period between General Meetings, the Presidium is the permanent governing body of the Organization. The Presidium consists of the President, Vice President and members of the Presidium. The President is in charge of the work of the Presidium. 4.7. The Presidium of the Organization: - accepts as members of the Organization and excludes from the members of the Organization; - registers members of the Organization and excludes members from the lists of participants; - maintains lists of members and participants of the Organization; - monitors the implementation of decisions of the General Meeting; - considers and approves the cost estimate of the Organization; - prepares questions for discussion at the General Meeting of the Organization; - makes decisions on the establishment of branches of the Organization; - makes decisions about the institution business organizations, commercial and other enterprises that ensure the implementation of the objectives and goals of the Organization, approves their constituent documents; - makes decisions on participation and on forms of participation in the activities of other public associations; - decides on the acquisition of shares (stocks) of business entities, as well as on the establishment, together with other persons, of enterprises and organizations; - establishes the size and procedure for the payment of membership and admission fees; - annually informs the body that registers public associations about the continuation of its activities, indicating the location of the Presidium of the Organization, and data on the heads of the Organization in the amount of information required by law; - considers and decides other issues that are not within the exclusive competence of the General Meeting of the Organization. 4.8. Meetings of the Presidium are held as needed, but at least once a quarter. Meetings are considered competent if more than half of the total number of members of the Presidium participates in them. The Secretary of the Presidium personally notifies all members of the Presidium of the date of the meeting of the Presidium and the agenda of all members of the Presidium. Decisions are taken by an open vote by a simple majority of votes of the members of the Presidium present at the meeting. The meetings of the Presidium are chaired by the President of the Organization, and in his absence - by the Vice President or one of the members of the Presidium. 4.9. The minutes of the meetings of the Presidium are kept by the Secretary, elected from among the members of the Presidium. If necessary, the functions of the Secretary can be performed by any of the members of the Presidium. 4.10. The President of the Organization: - manages the activities of the Presidium of the Organization, signs decisions made by the Presidium; - in the period between meetings of the Presidium, manages the activities of the Organization, including making operational decisions on the daily activities of the Organization; - signs the constituent documents created by the Organization business companies, as well as documents on the establishment and activities of departments; - represents the Organization without a power of attorney in relations with state, public, religious and other organizations in the Russian Federation and abroad; - disposes of the property of the Organization; - carries out the hiring and dismissal of full-time employees, including the chief accountant; - rewards full-time employees for active work, imposes penalties on them in the manner prescribed by law; - makes decisions on the purchase of securities (except for shares); - approves the structure and staffing table the staff of the Organization and establishes the payroll for the staff of the Organization within the limits of the amounts approved by the Presidium; - carries out other executive and administrative functions. 4.11. The President of the Organization issues orders and orders. 4.12. The President of the Organization has the right to sign bank documents. 4.13. The Vice President leads the lines of work in accordance with the distribution of responsibilities approved by the Presidium. In the absence of the President, performs his functions. The President is considered absent if he is unable to fulfill his duties for health reasons or as a result of being on vacation, business trip, etc. The decision to entrust the execution of the duties of the President to the Vice-President is formalized by the order of the President or by the decision of the Presidium. If it is impossible to issue such an order by the indicated bodies, the Vice-President has the right to independently decide on assuming the duties of the President during his absence. 4.14. The President, Vice-President and members of the Presidium perform their duties free of charge or for material compensation. The amount of remuneration is established by the General Meeting. 4.15. The Audit Commission of the Organization (Auditor) is elected by the General Meeting for a period of two years. The number of members of the Audit Commission is determined by the General Meeting. The Audit Commission (Auditor): - conducts an audit of the financial and economic activities of the Management Board, the President, the executive office, and also departments; - organizes an audit of the financial and economic activities of the Organization at least once a year; - if necessary, engages audit organizations in inspections. 4.16. Members of the Auditing (Auditor) Commission may participate in meetings of the Presidium with the right of an advisory vote. 4.17. Members of the Audit Commission (Auditor) cannot be members of the Presidium and executive bodies Organizations. Y. PROPERTY AND FINANCIAL AND ECONOMIC ACTIVITIES 5.1. The Organization may own buildings, structures, housing stock, land plots, transport, equipment, inventory, cash, shares, other securities and other property necessary for material support of the Organization's statutory activities. 5.2. The Organization may also own institutions, publishing houses, mass media, created and acquired at the expense of the Organization in accordance with its statutory goals. 5.3. The organization is responsible for its obligations with all property belonging to it, which, in accordance with the current legislation, can be levied. Members of the Organization are not liable for the obligations of the Organization, just as the Organization is not responsible for the obligations of the members of the Organization. 5.4. The sources of the formation of the Organization's property are: - voluntary donations, charitable and sponsorship receipts from citizens and legal entities; - entrance and membership fees; - bank loans; - deductions from economic organizations established by the Organization; - receipts from events held by the Organization, including cultural, entertainment, sports, etc. - income from economic activities; - income from foreign economic activity; - receipts from other sources not prohibited by applicable law. 5.5. The organization does not pursue the goal of making a profit; income from entrepreneurial activities of the Organization is directed to the achievement of the statutory objectives of the Organization and is not subject to redistribution among the members of the Organization. 5.6. Members of the Organization do not have ownership rights to the share of property owned by the Organization. YI. ORGANIZATION TERMINATION PROCEDURE 6.1. The activities of the Organization are terminated by its reorganization (merger, acquisition, etc.) or liquidation. The reorganization of the Organization is carried out by a decision of the General Meeting by a qualified (75%) majority of votes. The liquidation of the Organization is carried out by a decision of the General Meeting in accordance with this Charter, as well as by a court decision. 6.2. For the liquidation of the Organization, the General Meeting appoints a liquidation commission, which draws up a liquidation balance sheet. The property and funds of the Organization remaining after the termination of its activities and settlement with the budget, employees of the Organization, banks and other creditors are spent for the purposes provided for by this Charter and are not subject to distribution among the members of the Organization. 6.3. Personnel documents during the liquidation of the Organization are transferred in accordance with the established procedure for state storage. 6.4. The decision to liquidate the Organization is sent to the body that registered the Organization in order to exclude it from a single state register legal entities.

If citizens are ready to unite among themselves for the sake of common goal, they create public organization... The merger takes place on a voluntary basis; in order to register with the tax authority, participants need to collect documents. These include the organization's charter - the main constituent document containing as much information as possible about the organization being created.

The basis for the activities of a public organization is the Civil Code of the Russian Federation (Articles 50, 52 and 117), as well as 82-FZ of 1995. Article 50 of the Civil Code of the Russian Federation establishes that the charter of a legal entity must reflect:

location;
the procedure for managing the organization's activities;
other data.

The model charter of a public organization is a constituent document that is created for societies engaged in a similar type of activity.

Registration rules

To register the charter, you need to collect additional documents, arrange them correctly. The constituent document is drawn up on A4 paper, in Russian, in strict accordance with the rules of office work.

An application for registration of an organization is submitted to the tax authority, having determined its name. The application for registration shall indicate data on the adoption of the charter, in particular, the date and place, as well as the body that adopted the constituent document of the public organization.

The charter is being developed in 2 copies. The document fully spells out the competence of the PA participants, the conditions for admission to and exit from the organization.

Conditions can be:

age indicator of a person;
consent to make recurring payments;
professional human activity;
belonging to a certain category of the population.

Citizens who have reached the age of 16 have the right to join a public organization. If the charter stipulates that, with the permission of legal representatives, children of an earlier return can enter the society, then this can be done if the parents do not mind.

All pages of the charter must be numbered, on the last sheet the total number of sheets is recorded, it is worth printing.

Samples

The charter must necessarily spell out the purpose and function of a public organization. For example, children's regulations, school regulations, etc. In addition, the charter must define the legal status of the organization (regional charter), indicating the territory to which it will apply, as well as the contact details of the members of the company.

Reporting

No. 402-FZ establishes that public organizations and their subdivisions that do not carry out commerce must pass once a year for the reporting period simplified documents:

balance;
document on profits, losses;
report on the targeted use of the funds received.

The report is sent to the department of the Ministry of Justice (regional). The main point of the report is that the association did not receive funds from foreign companies.

Other OO reporting:

VAT, property tax - every quarter;
Personal income tax - if there were payments to individuals.

PA contracts

Most often, non-profit organizations conclude contract:

reimbursed provision of services;
use of property;
delivery, purchase and sale.

In addition, non-profit organizations are other civil contracts:

instructions;
storage;
commission.

The counterparty is obliged to make sure that the contract concluded with the NPO meets its statutory goals.

Resolutions and protocols

The resolution is passed by the collegial management body of a public organization. The document is of an administrative nature, includes two sections: ascertaining and administrative... The decision is signed by the chairman and the secretary.

The form of the protocol has not been approved specifically for public associations, therefore, when drawing up this document, they refer in practice to the form of the protocol adopted for the joint-stock company (Article 63 of the relevant law).

Thus, the protocol published in the TOE must contain information:

place of the meeting;
date of the meeting;
initials and surname of the presiding person;
agenda;
the main provisions of the speeches of the participants of the meeting;
items put to a vote;
voting results;
decisions taken by the meeting.

The meeting first drafts this document. Then, no later than three days, they carefully re-read it and create a clean copy, which is signed by the presiding officer and the secretary. Registration of protocols takes place on A4 (general form of the organization).

Letters

Letters include the generalized name of documents that differ in content. They serve as a means for communication between organizations, individual entrepreneurs, as well as a means of notifying about any event.

Composing letters includes several stages:

Study of the essence of the issue, planned to be displayed in the letter. Includes the collection of information in essence.
Preparation of a draft letter, writing it.
Project approval.
The signing of the clean copy by the head.
Registration, sending a letter.

The letterhead includes details:

OO logo.
OO name.
Organization data (addresses, telephones, fax).
Date, registration number.
Destination.
Title.
Text.
Application availability mark.
Signature.
Artist data.

Requirements for the letter:

brevity;
literacy;
brevity of presentation;
clarity;
objectivity;
one aspect;
subsequence;
persuasiveness;
correctness.

The letter includes two parts - this introductory and home... The introductory statement sets out the facts that motivated the creation of the letter. The main one prescribes the goal and the request on the merits of the issue, refusal, etc.

For the purpose of compiling this document, a special form is used. If the letter includes two or more pages, the second and subsequent pages should be numbered in Arabic numerals, in the middle, on the top of the page.

Types of letters:

request;
offer;
invitation;
answer;
notice;
reminder;
complaint;
informational;
accompanying;
warranty;
the confirmation.

Orders

An order is an act that is issued to resolve urgent and ongoing issues. It is ratified by the head of the PA. The orders of the head may relate to issues:

personnel records management;
economic.

They draw up an order in the same way as the OO orders. The text of the order includes two parts - a statement and an administrative one, beginning with the words "I propose." Orders are numbered in order within the reporting year.

How to create a public organization, you can find out in this video.

Perhaps you need a template belonging to the section "Constituent documents" with content "Sample: the charter of a regional public organization" You can save this sample document.

REGISTERED by the constituent meeting ____________________________ _______________________ ____________________________ "__" ___________ 20__ ____________________ 20__ Certificate No. __________ Changes and additions were approved at the General Meeting ____________________________ "___" _____________ 20__ Minutes No. ___________. CHARTER OF THE REGIONAL PUBLIC ORGANIZATION "____________________________________________________________" _______________ I. GENERAL PROVISIONS 1.1. Public organization "_______________________________", hereinafter referred to as "Organization", was created by decision of the constituent assembly "__" ___________ 20__ and registered _____________________________________________ "__" ________ 20__, certificate No. ______________. 1.2 .. The organization is an independent public association based on membership, created in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Law of the Russian Federation "On Public Associations", and other legislative acts. 1.3. The organization is a legal entity under Russian law, enjoys the rights and bears the obligations provided for by the legislation of the Russian Federation for public associations. 1.4. An organization can, on its own behalf, acquire property and non-property rights, bear obligations, be a defendant and a plaintiff in court, arbitration or arbitration courts, in the interests of achieving statutory goals, to make transactions that comply with the law, both on the territory of the Russian Federation and abroad. 1.5. The organization has separate property and an independent balance sheet, ruble and foreign currency accounts in banking institutions, a round seal with its name. The organization has the right to have its own flag, emblem, pennants and other symbols that are subject to registration and accounting in the manner prescribed by the legislation of the Russian Federation. 1.6. "________________________" is a voluntary, self-governing, non-profit, creative public organization created at the initiative of a group of citizens united on the basis of common spiritual interests and joint activities to protect these common interests and to achieve the goals specified in this Charter. 1.7. The Organization's activities are based on the principles of voluntariness, equality, self-government and legality. Within the framework established by law, the Organization is free to determine its internal structure, forms and methods of its activities. 1.8. The organization is an interregional public organization. Region of operation - ________________________________. The location of the permanent governing body (Presidium) is _____________________________________________________. 1.9. In accordance with the current legislation, the Organization is considered to be created from the moment the decision on its creation is made. The legal capacity of the Organization as a legal entity arises from the moment of its state registration in the prescribed manner. 1.10. The activities of the Organization are public, and information about its constituent and program documents is publicly available. II. PURPOSES, OBJECTIVES AND DIRECTIONS OF ACTIVITY OF THE ORGANIZATION 2.1. The organization was created in order to promote the creative professional activity of workers in the social and cultural sphere, create conditions for the practical implementation of programs for the preservation and revival of the traditions of folk art, support the initiatives of amateur groups and promote their implementation, increase the cultural level of residents _______________________________________. 2.2. To achieve its activities, the Organization carries out: - development of programs for the development of amateur folk art and their practical implementation; - coordination and organization of creative activities of amateur groups; - Creation of information data banks for the development of amateur creativity; - organization of trips and excursions (including on a paid basis) for members of the Organization and other persons in Russia and foreign countries in order to popularize amateur folk art, as well as for tourist and other socially useful purposes. - organization of refresher courses and retraining of specialists in the social and cultural sphere in the manner prescribed by the legislation on education; - organizational, methodological and consultative and informational support of the activities of enterprises, institutions, creative organizations, unions, foundations, charitable organizations on issues of social and cultural work; - the creation of clubs of interest, the formation of musical, choreographic, circus, acting groups, the organization of their performances; - organization of exhibitions of folk art of various genres and trends; - conducting lectures and seminars on topical issues of art history, the development of folk art, the organization of author's concerts and meetings with figures of literature and art; - organizing and facilitating tours of creative teams both in the country and abroad; - other directions promoting the development of amateur creativity. 2.3. In the interests of achieving the statutory goals and objectives, the Organization has the right to: - make various transactions on its own behalf; - to acquire property and personal non-property rights; - freely distribute information about their activities; - to establish mass media and carry out publishing activities; - in the manner prescribed by law, represent and protect the rights and legitimate interests of its members and participants, as well as other persons; - come up with initiatives on various issues of public life, make proposals to government bodies; - to attract on a voluntary basis funds of state organizations, institutions, departments, local self-government bodies, public associations, banks, commercial organizations, foreign state and other institutions and organizations, as well as individual citizens; - to carry out charitable activities; - to carry out charitable events (including lotteries, concerts, auctions, tours, etc.); - create business partnerships, companies and other business organizations, as well as acquire property intended for conducting business activities; - independently determine the procedure, forms of organization and remuneration of staff and attracted specialists; - carry out any other activity not prohibited by applicable law and aimed at achieving the statutory goals of the Organization. 2.4. "________________________" as a public organization is obliged to: - comply with the legislation of the Russian Federation, generally recognized principles and norms of international law; - to ensure transparency in their activities; - annually inform the registration authorities about the continuation of their activities, indicating the actual location of the permanent governing body, its name and data on the heads of the Organization in the amount of information submitted to the tax authorities; - admit representatives of the body that registered the Organization to the events held by the Organization; - provide assistance to representatives of the body that registered the Organization in familiarization with the activities of the Organization in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation. 2.5. Failure to submit updated information for entry into the unified state register of legal entities within three years entails the application of sanctions to the Organization provided for by law. III. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE ORGANIZATION. PARTICIPANTS OF THE ORGANIZATION 3.1. Members of the Organization can be: - citizens of the Russian Federation who have reached the age of 18, foreign citizens and stateless persons who share the goals of the Organization, recognize the Charter, have paid the entrance fee, regularly pay membership fees and take personal part in the work of the Organization; - public associations that are legal entities that have expressed solidarity with the goals and objectives of the Organization, recognize the Charter, have paid the entrance fee, regularly pay membership fees and contribute to the activities of the Organization, including by financing ongoing events. 3.2 .. Individuals are accepted as members of the Organization on the basis of a personal application, public associations on the basis of an application with the attachment of the relevant decision of their governing bodies. 3.3. Admission and exclusion of members of the Organization is carried out by the Presidium by a simple majority of votes from the total number of members of the Presidium. 3.4. The Presidium keeps track of the members of the Organization. The grounds for inclusion in the list and exclusion from the list of members of the Organization are the relevant decisions of the Presidium, as well as statements by the members of the Organization to withdraw from the Organization. 3.5. Members of the Organization have the right: - to enjoy the support, protection and assistance of the Organization; - to take part in the elections of the governing and supervisory bodies of the Organization and to be elected in them; - to participate in events held by the Organization; - make proposals regarding the activities of the Organization and participate in their discussion and implementation; - to represent the interests of the Organization in government and other bodies, as well as in relations with other organizations and citizens on behalf of its elected bodies; - receive information about the activities of the Organization; - freely withdraw from the members of the Organization on the basis of an application. 3.6. Members of the Organization are obliged: - to comply with the Charter of the Organization; - to take part in the activities of the Organization; - pay membership fees on time; - to comply with the decisions of the governing bodies of the Organization; - to contribute with their activities to improve the efficiency of the Organization; - not to commit actions that violate the Charter of the Organization, the ethics of companionship, as well as actions that cause moral or material damage to the Organization, refrain from activities that contradict the goals and objectives proclaimed by the Organization. 3. 7. A member of the Organization terminates his membership in the Organization by submitting an application to the Presidium of the Organization. In addition, the corresponding decision of the governing body of this legal entity is attached to the application of a member of the Organization that is a legal entity. 3.8. A member of the Organization is considered to have left it from the moment of filing an application. 3.9. Members of the Organization may be expelled for non-payment of membership fees, for activities contrary to the goals and objectives of the Organization, as well as for actions that discredit the Organization, causing it moral or material damage. 3.10. The exclusion of members of the Organization is made by the Presidium by a simple majority of votes from the total number of votes held by the members of the Presidium. The decision on exclusion can be appealed to the General Meeting, the decision of which on this issue is final. 3.11. Members of the Organization may be issued certificates of a member of the Organization. The form of the certificate is approved by the Presidium IY. ORGANIZATIONAL STRUCTURE AND GOVERNING BODIES OF THE ORGANIZATION 4.1. The highest governing body of the Organization is the General Meeting of Members "_______________________________", which is convened at least once a year. An extraordinary General Meeting may be convened at the request of at least 1/3 of its members, by the Audit Commission or the Presidium. Members and participants of the Organization shall be notified personally of the convocation of the General Meeting no later than 15 days before the date of the General Meeting. 4.2. The General Meeting of the Organization: - elects the President and Vice-President of the Organization, members of the Presidium, the Audit Commission (Inspector), in the number determined by the General Meeting, for a period of two years; - hears and approves the reports of the Presidium and the Audit Commission (Auditor); - approves the Charter of the Organization, as well as changes and additions to it; - makes a decision on the reorganization and liquidation of the Organization; - determines the size of the annual and entrance fees; - determines the amount of remuneration for members of the Presidium and the Audit Commission; - determines and approves the main directions of the Organization's activities and other important issues proposed for consideration. 4.3. The general meeting is competent if more than half of the members of the Organization are present. Decisions are taken by an open vote. Elections of the governing bodies of the Organization are held by open or secret ballot by a simple majority of votes of the members of the Organization present at the meeting. 4. 4. In the absence of a quorum, the General Meeting may be postponed for up to 15 days. A repeated meeting is competent if at least 1/3 of the members of the Organization are present. If less than half of the members of the Organization are present at the repeated General Meeting, the meeting has the right to resolve any issue within its competence, with the exception of the approval of the Charter, additions and changes to it, as well as making decisions on the reorganization and liquidation of the Organization. 4.5. Decisions on the approval of the Charter, amendments and additions to it, on the reorganization and liquidation of the Organization are made by a qualified majority of votes (75%) of the number of votes possessed by the members of the Organization present at the General Meeting. In other cases, decisions are made by a simple majority vote. 4.6. In the period between General Meetings, the Presidium is the permanent governing body of the Organization. The Presidium consists of the President, Vice President and members of the Presidium. The President is in charge of the work of the Presidium. 4.7. The Presidium of the Organization: - accepts as members of the Organization and excludes from the members of the Organization; - registers members of the Organization and excludes members from the lists of participants; - maintains lists of members and participants of the Organization; - monitors the implementation of decisions of the General Meeting; - considers and approves the cost estimate of the Organization; - prepares questions for discussion at the General Meeting of the Organization; - makes decisions on the establishment of branches of the Organization; - makes decisions on the establishment of economic organizations, commercial and other enterprises that ensure the implementation of the objectives and goals of the Organization, approves their constituent documents; - makes decisions on participation and on forms of participation in the activities of other public associations; - decides on the acquisition of shares (stocks) of business entities, as well as on the establishment, together with other persons, of enterprises and organizations; - establishes the size and procedure for the payment of membership and admission fees; - annually informs the body that registers public associations about the continuation of its activities, indicating the location of the Presidium of the Organization, and data on the heads of the Organization in the amount of information required by law; - considers and decides other issues that are not within the exclusive competence of the General Meeting of the Organization. 4.8. Meetings of the Presidium are held as needed, but at least once a quarter. Meetings are considered competent if more than half of the total number of members of the Presidium participates in them. The Secretary of the Presidium personally notifies all members of the Presidium of the date of the meeting of the Presidium and the agenda of all members of the Presidium. Decisions are taken by an open vote by a simple majority of votes of the members of the Presidium present at the meeting. The meetings of the Presidium are chaired by the President of the Organization, and in his absence - by the Vice President or one of the members of the Presidium. 4.9. The minutes of the meetings of the Presidium are kept by the Secretary, elected from among the members of the Presidium. If necessary, the functions of the Secretary can be performed by any of the members of the Presidium. 4.10. The President of the Organization: - manages the activities of the Presidium of the Organization, signs decisions made by the Presidium; - in the period between meetings of the Presidium, manages the activities of the Organization, including making operational decisions on the daily activities of the Organization; - signs the constituent documents of the economic companies created by the Organization, as well as documents on the establishment and activities of branches; - represents the Organization without a power of attorney in relations with state, public, religious and other organizations in the Russian Federation and abroad; - disposes of the property of the Organization; - carries out the hiring and dismissal of full-time employees, including the chief accountant; - encourages full-time employees for active work, imposes penalties on them in the manner prescribed by law; - makes decisions on the purchase of securities (except for shares); - approves the structure and staffing of the staff of the Organization and establishes the wage fund for the staff of the Organization within the amounts approved by the Presidium; - carries out other executive and administrative functions. 4.11. The President of the Organization issues orders and orders. 4.12. The President of the Organization has the right to sign bank documents. 4.13. The Vice President leads the lines of work in accordance with the distribution of responsibilities approved by the Presidium. In the absence of the President, performs his functions. The President is considered absent if he is unable to fulfill his duties for health reasons or as a result of being on vacation, business trip, etc. The decision to entrust the execution of the duties of the President to the Vice-President is formalized by the order of the President or by the decision of the Presidium. If it is impossible to issue such an order by the indicated bodies, the Vice-President has the right to independently decide on assuming the duties of the President during his absence. 4.14. The President, Vice-President and members of the Presidium perform their duties free of charge or for material compensation. The amount of remuneration is established by the General Meeting. 4.15. The Audit Commission of the Organization (Auditor) is elected by the General Meeting for a period of two years. The number of members of the Audit Commission is determined by the General Meeting. The Audit Commission (Auditor): - conducts an audit of the financial and economic activities of the Management Board, the President, the executive office, and also departments; - organizes an audit of the financial and economic activities of the Organization at least once a year; - if necessary, engages audit organizations in inspections. 4.16. Members of the Auditing (Auditor) Commission may participate in meetings of the Presidium with the right of an advisory vote. 4.17. Members of the Audit Commission (Auditor) cannot be members of the Presidium and executive bodies of the Organization. Y. PROPERTY AND FINANCIAL AND ECONOMIC ACTIVITIES 5.1. The Organization may own buildings, structures, housing stock, land plots, transport, equipment, inventory, cash, shares, other securities and other property necessary for material support of the Organization's statutory activities. 5.2. The Organization may also own institutions, publishing houses, mass media, created and acquired at the expense of the Organization in accordance with its statutory goals. 5.3. The organization is responsible for its obligations with all property belonging to it, which, in accordance with the current legislation, can be levied. Members of the Organization are not liable for the obligations of the Organization, just as the Organization is not responsible for the obligations of the members of the Organization. 5.4. The sources of the formation of the Organization's property are: - voluntary donations, charitable and sponsorship receipts from citizens and legal entities; - entrance and membership fees; - bank loans; - deductions from economic organizations established by the Organization; - receipts from events held by the Organization, including cultural, entertainment, sports, etc. - income from economic activities; - income from foreign economic activity; - receipts from other sources not prohibited by applicable law. 5.5. The organization does not pursue the goal of making a profit; income from entrepreneurial activities of the Organization is directed to the achievement of the statutory objectives of the Organization and is not subject to redistribution among the members of the Organization. 5.6. Members of the Organization do not have ownership rights to the share of property owned by the Organization. YI. ORGANIZATION TERMINATION PROCEDURE 6.1. The activities of the Organization are terminated by its reorganization (merger, acquisition, etc.) or liquidation. The reorganization of the Organization is carried out by a decision of the General Meeting by a qualified (75%) majority of votes. The liquidation of the Organization is carried out by a decision of the General Meeting in accordance with this Charter, as well as by a court decision. 6.2. For the liquidation of the Organization, the General Meeting appoints a liquidation commission, which draws up a liquidation balance sheet. The property and funds of the Organization remaining after the termination of its activities and settlement with the budget, employees of the Organization, banks and other creditors are spent for the purposes provided for by this Charter and are not subject to distribution among the members of the Organization. 6.3. Personnel documents during the liquidation of the Organization are transferred in accordance with the established procedure for state storage. 6.4. The decision to liquidate the Organization is sent to the body that registered the Organization in order to exclude it from the unified state register of legal entities.

Public organization: preconditions for existence

Peak of development social movements and organizations did not fall in the Soviet period. The era of collectivism was marked by the imposition of functions unusual for them on public organizations.

Often they bailed offenders, created comradely courts. In conditions market economy specific gravity public organizations among legal entities of all organizational forms decreased. The scope of their activities has diminished.

However, the importance of non-profit structures for the development of civil society cannot be underestimated.

Direct relation to legal status public organizations have Articles 13 and 30 of the Basic Law of the Russian Federation. These constitutional provisions consolidate ideological and political diversity, the right of individuals to voluntarily associate for the implementation of legitimate goals without obtaining the prior consent of the subjects of power.

Legal regulation of the status of public organizations

The concept of "public organization" has not undergone significant changes since Soviet times. They are recognized as voluntary non-governmental associations of individuals on the basis of common interests to achieve common goals.

According to the definition of Article 8 of 82-FZ "On Public Associations", a public organization is a public association based on compulsory fixed membership.

According to Article 123.4 of the Civil Code, the goals of its establishment can be:

satisfaction of non-material (including spiritual) needs;
representation and protection of the interests of members before third parties;
making a contribution to the development of education, medicine, nature conservation, etc.

The identification of significant characteristics of public organizations is facilitated by the determination of their place in the system of legal entities.

Within the framework of Chapter 4 of the Civil Code, public organizations are classified as non-profit.

But there is a caveat: such an organization has the right to carry out income-generating activities while meeting the following conditions:

the possibility of carrying out entrepreneurial activity is provided for by the charter (if the charter does not contain provisions of this kind, it is necessary to make changes);
it does not contradict the non-commercial statutory goals of the organization, but serves to achieve them;
the public organization has sufficient assets market value not less than the minimum size authorized capital OOO.

The organizational form of a public organization is basic for non-profit structures of other types.

Thus, Article 50 of the Civil Code contains a non-exclusive list of types of non-profit public organizations. It:

political parties;
corporate unions
bodies of public initiative;
territorial public self-governments.

Public organizations have the right to unite into unions. Relatively large companies in Russia there is a practice of registering as independent legal entities not only the parent (parent) organization, but also its territorial bodies.

Public organizations can be transformed into autonomous non-profit organizations or foundations. This requires amending the charter (Article 123.4 of the Civil Code)

Requirements for the founders of a public organization, their status and number

The key features of public organizations are recognized: fixed membership; mandatory issuance of membership cards; payment of membership fees as a key source of the formation of the financial and material base of activities. It is on the basis of compulsory membership that a public organization differs from non-profit structures of other organizational forms, for example, social movements.

The founders of public organizations automatically acquire the status of their members, as well as a set of rights and obligations corresponding to it (paragraph 9 of Article 19 of 82-FZ). Persons interested in joining the ranks of the organization's members submit a written application.

The document must necessarily express:

interest in the activities of the organization;
agreement with its objectives and statute prescriptions;
willingness to take responsibility in the event of failure to comply with the rules of the organization.

Rights of members of public organizations:

know about her activities;
participate in management, initiate amendments to the charter;
elect, be elected to the governing, auditing, supervisory bodies;
challenge the legality of the actions of the administration;
claim compensation for losses caused by the unlawful actions of the organization.

List of obligations:

pay contributions (members of the organization lose the right to ownership of property and funds transferred to the public organization for the implementation of statutory activities);
participate in the formation of the organization's assets in the manner specified by the charter;
refrain from actions that could harm the organization, complicate the achievement of its goals;
participate in decision-making, without which the organization cannot continue its activities;
be responsible for illegal actions in the form of exclusion from members of the organization.

The number of founders of a public organization is imperatively determined by Article 123 of the Civil Code at the level of three persons. Although the organizations in question are nominally associations of citizens, Articles 6 and 18 of 82-FZ allow legal entities that are public associations to be members of an organization. All members of a public organization, be they natural or legal persons, are equal in rights and duties.

List of persons who cannot be founders, members, participants of a public association

There is an imperative ban on membership in a public organization of public entities and their bodies: the state, government agencies, regional authorities, the territorial community represented by the municipality (Article 19 82-FZ).

In a relationship individuals act following rules:

Age limit. By general rule is 18 years old. Considering the versatile nature of the potential activities of public associations, this is generally correct. However, there are some doubts. So, in the order of emancipation, a citizen can receive the full scope of legal capacity before reaching the age of 18 (Article 27 of the Civil Code). Why a full-fledged member of society bearing the full burden of responsibility for his life cannot be a member / participant of a public association remains a mystery. A member / participant of a youth organization must be at least 14 years old, for children - 8 years old. It is worth noting that the allowance was made specifically for the members / participants, but not for the founders, which is quite logical. State registration of youth and children's public associations in the Unified State Register of Legal Entities is carried out on the condition that the governing bodies are fully formed from capable citizens (Article 21 82-FZ).
The admissibility of lowering the age limit should be due to the specific status of the organization (for children or youth), as reflected in the name and charter of the organization. At the legislative level, the specifics of such a status is not defined, in the Russian Federation there is 98-FZ "On state support for youth and children's public associations", but not about these associations as such.
Citizenship issues. Article 19 of 82-FZ determined the following rules: unless otherwise specified by special regulatory legal acts, the founders and members / participants of public associations can be citizens of the Russian Federation and foreigners with legal permanent residence in the Russian Federation. Foreigners living outside of Russia can be honorary members of a public association without endowing them with customary rights and without imposing corresponding obligations on them. According to Article 23 95-FZ "On Political Parties", only citizens can be their members.
Legal capacity. Article 19 of 82-FZ does not operate with such a concept as legal capacity. And if for members / participants this may be justified, then the founders and members of the governing and supervisory bodies should obviously have full civil legal capacity. Apparently, such an omission is a consequence of the “old-fashionedness” of the provisions of the law. 82-FZ was adopted in 1995, and part I of the Civil Code - only in 2001. Meanwhile, issues of legal capacity can be regulated by special legislation. So, according to Article 23 95-FZ, only a capable natural person can be a member of a political party.

The ban on the establishment, membership / participation in the activities of public associations applies to:

person non grata - foreigners whose stay in the Russian Federation is undesirable (the Ministry of Foreign Affairs will publish the list of names);
persons mentioned in the list formed in accordance with 115-FZ "On Counteracting Legalization (Laundering) of Criminally Obtained Funds and Financing of Terrorism";
public associations, the functioning of which has been suspended in accordance with the rules of 114-FZ "On Countering Extremist Activity";
persons whose actions have revealed signs of extremist activity (established by a court verdict);
persons serving a sentence of imprisonment for committing a crime.

Charter of a public organization, requirements for its content

The charter of a public organization must contain information about:

its name;
legal address;
the territory covered by the organization's activities (the latter can be all-Russian, regional, local);
purposes and subject of activity;
membership, participation;
the procedure and grounds for gaining and losing membership;
composition, competence, term of office of governing and auditing bodies;
the order of making decisions;
a list of issues, decisions on which are taken unanimously or by a qualified majority;
on the rights and obligations of members (their responsibility is described separately);
the rights of a public organization and its territorial bodies for asset management;
the procedure for amending the charter;
the procedure for the distribution of property remaining after the liquidation of the organization.

It is impossible to overestimate the importance of the charter of a public organization. This is a key document for state registration and functioning of a legal entity.

The legal personality of organizations in Russia is special. In other words, public organizations have the right to take only those actions, the possibility of which is stipulated by their constituent documents.

If this is relevant, it is initially necessary to include in the model charter of a public organization additional information O:

potentially possible types of activity, including those related to making a profit;
the right to accept / make donations;
the possibilities and procedure for the disposal of property;
the right of an organization to represent its members in court and competent authorities;
symbolism, if you plan to use it.

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