In case you are looking for a template belonging to the section "Constituent documents" with the theme "Sample: charter non-profit organization — charitable foundation» , You can read this document template.
APPROVED by the Meeting of Founders Minutes No. _________ dated "__"_______ 20__ CHARTER OF THE CHARITABLE FOUNDATION "____________________" _______________ 20__ 1. GENERAL PROVISIONS 1.1. Non-profit organization Charitable Foundation "_________________________________" (hereinafter "Fund") is created in accordance with the Civil Code and other legislative acts Russian Federation . 1.2. Official name of the Foundation: Non-profit organization "Charitable Foundation "______________________________". 1.3. Location (postal address) of the Foundation: __________________ ____________________________________________________________________. 1.4. The founders of the Foundation are: ________________________________________________________________ (name of legal entity, address or full name of the founder) _____________________________________________________________________ ( for an individual: passport: series, number, issued by, _____________________________________________________________________ date of issue, address) 1.5. The Foundation is a non-membership non-profit organization established by citizens and legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational and other socially useful purposes. Property transferred to the Foundation by its Founders is the property of the Foundation. The Founders are not liable for the obligations of the Foundation they created, and the Foundation is not responsible for the obligations of its Founders. 1.6. The Fund is a legal entity that does not have as its purpose the extraction of profit for its distribution among the Founders and employees of the Fund as their income. If income is received as a result of the Fund’s activities, it must be used to implement the statutory goals. The foundation uses the property for the purposes specified in its charter. The Foundation has the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the Foundation was created, and in accordance with these goals. To carry out entrepreneurial activities, the Foundation has the right to create business companies or participate in them. The Foundation is required to publish annual reports on the use of its assets. 1.7. The Foundation acquires the rights of a legal entity from the moment of state registration of its Charter. The Fund has its own balance sheet, a round seal with its name, a corner stamp, settlement, currency and other accounts, and operates on the principles of complete economic independence, strict compliance with current legislation and obligations to the Founders. 1.8. The Foundation independently determines the directions of its activities, the strategy of economic, technical and social development. 1.9. The Foundation has the right to acquire property, as well as personal non-property rights and bear obligations, to be a plaintiff and defendant in court, arbitration and arbitration courts. 1.10. The Foundation, as an owner, exercises ownership, use and disposal of its property in accordance with the Charter. 1.11. The Foundation can create its representative offices in the Russian Federation and abroad. Representative offices act on behalf of the Foundation in accordance with the Regulations approved by the Foundation Council. 1.12. The Fund is liable for its obligations with property, which, according to the Law, can be foreclosed on. 1.13. The Fund is not liable for the obligations of the state and the Founders of the Fund. The state and its bodies are not liable for the obligations of the Fund. 2. GOALS AND ACTIVITIES 2.1. The main goal of the Fund is to provide material and other assistance to minors left without parental care, as well as pensioners, refugees, internally displaced persons and other categories of socially vulnerable persons, regardless of their nationality, citizenship, religion. 2.2. The main activities of the Foundation are: - charitable activities; - providing assistance to pensioners with medicines and food; - providing financial assistance to minors, refugees, the homeless and the poor; - carrying out trade intermediary and other commercial operations in order to use the income received for charitable purposes and solve other problems in accordance with the Charter; - provision jobs refugees, internally displaced persons and other categories of socially vulnerable able-bodied persons; - payment of cash support to persons with incomes below the subsistence level and other people in need; - creation of business companies in the Russian Federation, as well as participation in the activities of business companies. The Foundation carries out other types of activities that correspond to the goals and objectives of the Foundation and are not prohibited by the current legislation of the Russian Federation. 3. RESPONSIBILITIES AND RIGHTS 3.1. Citizens and organizations can take part in the activities of the Foundation both by making voluntary donations, providing property for free use, and by providing organizational and other assistance to the Foundation in carrying out its statutory activities. 3.2. Persons providing assistance to the Foundation (including persons who founded the Foundation) have the right: - to participate in all types of its activities; - receive financial, consulting, expert, intermediary, scientific, technical and other assistance consistent with the goals and objectives of the Foundation on the terms established by the Board, as well as contracts; - establish and develop bilateral and multilateral relations through the Fund; - enjoy protection of your interests by the Fund within the framework of its rights, legal and economic capabilities; - terminate your participation in the work of the Foundation at any time. The Foundation keeps records of persons contributing to its activities in a separate register. 3.3. Persons providing assistance to the Foundation: - when implementing programs and activities of the Foundation, act strictly in accordance with the requirements of its Charter; - not to disclose confidential information about the activities of the Foundation; - refrain from actions that may harm the activities of the Fund. 4. FUND MANAGEMENT 4.1. The governing bodies of the Foundation are: - the Board of Trustees of the Foundation (hereinafter referred to as the Foundation Council); - Board of the Foundation; - President of the Foundation. The Fund elects and operates an Audit Commission. 4.2. Supreme body The management of the Foundation is the Foundation Council. At the time of establishment, the Foundation Council is formed by the founders of at least 3 people. In the future, the Foundation Council is formed by co-opting new members into it. The Foundation Council meets as needed, but at least once a year. 4.3. The Foundation Council: - supervises the activities of the Foundation; - makes changes and additions to the Charter of the Foundation; - decides to change the amount of contributions made; - elects the Chairman of the Council, the Board of the Fund, the President, and the audit commission; - determines the main directions of the Fund’s activities; - makes a decision on termination or reorganization of the Fund into established by law okay, oh creation of representative offices, business companies, as well as on participation in the activities of business companies; - may take into consideration other issues of the Fund’s activities; - establishes the amount of remuneration for members of the Management Board; - reviews reports of the Board and President of the Fund; 4.4. The Foundation Board is elected by the Foundation Council by a simple majority of votes from total number votes held by members of the Council. The Board of the Foundation: - ensures the implementation of decisions of the Foundation Council; - makes decisions on establishing and maintaining relations with international and foreign organizations; - approves target programs and determines sources of financing; - prepares and considers questions and materials submitted to the Foundation Council; - makes decisions and approves regulations on representative offices. Meetings of the Fund's Board are held as necessary, but at least once a month. 4.5. The President of the Foundation is elected by the Foundation Council and is the Chairman of the Board ex officio. President of the Foundation: - manages the work of the Foundation Board; - manages the property and funds of the Foundation, acts on behalf of the Foundation without a power of attorney; - concludes contracts and makes other transactions; - carries out executive and administrative functions; - carries out daily work to implement the decisions of the Council and the Management Board of the Fund. 4.6. Audit Commission. appointed by the Foundation Council. exercises control over the activities of the Fund. the correct use of its funds. implementation of the Charter and decisions of the Fund’s governing bodies. The Audit Commission is appointed for a period of 3 years. Based on the documents submitted by the Board and the results of audits of the Fund’s activities, the Audit Commission submits an annual report on the Fund’s work to the Council. The report is submitted no later than 1 month after the end of the financial year. 4.7. The Fund maintains accounting and statistical reporting in the manner established by the legislation of the Russian Federation. In order to implement state, social, economic and tax policies, the Foundation is responsible for the safety of documents (managerial, financial and economic, personnel, etc.); ensures the transfer for state storage of documents of scientific and historical significance to the Central Archives of Moscow in accordance with list of documents, agreed with the association "Mosgorarchiv"; stores and uses in in the prescribed manner personnel documents. 5. PROPERTY OF THE FUND 5.1. Contributions and donations of the Founders and other individuals and legal entities can be contributed in cash or in kind - in the form of equipment, premises, property, in the form of _know-how_ and other intellectual property, as well as the rights to use them. In this case, a monetary valuation of the contribution is made, which is fixed in the Memorandum of Association and/or the Agreement of the relevant person with the Fund. 5.2. The Fund's resources are formed from: - contributions of the Founders of the Fund upon its establishment; - receipts from the provision of services, performance of work; - voluntary contributions and donations from citizens, enterprises, organizations and institutions; - income from economic activity; - other sources not prohibited by current legislation. 5.3. The property of the Foundation is the property created by it, acquired or transferred by citizens, enterprises, organizations, institutions, including cash, shares, other securities and intellectual property rights. All property of the Fund, income from economic activities are its property and cannot be redistributed between the Founders of the Fund. The Foundation carries out the ownership, use and disposal of its property in accordance with its purpose and only for the fulfillment of statutory tasks and purposes. The founders of the Foundation do not have ownership rights to the Foundation’s property, including that part of it that was formed through their contributions and donations. 6. TERMINATION OF THE FUND ACTIVITIES 6.1. Termination of the Fund's activities may be carried out in the form of its liquidation or reorganization in the form of merger, accession, division. The Foundation can only be merged with another charitable Foundation. A merger can only be carried out with another charitable foundation. When the Foundation is divided, two or more other charitable foundations may be formed. Other forms of reorganization of the Fund are not permitted. Reorganization of the Fund is carried out by decision of the Fund Council or on other grounds in accordance with current legislation. The Foundation Council makes a decision on the reorganization of the Foundation by a majority of 2/3 votes of the total number of votes of the members of the Foundation Council. The decision to liquidate the Fund can only be made by the court upon the application of interested parties. 6.2. The Council of the Fund makes a decision on the submission of documents for the liquidation of the Fund by a majority of 3/4 votes of the total number of votes possessed by the members of the Council. The Foundation Council appoints a liquidation commission, which completes all economic and other activities of the Foundation and represents necessary documents to the court to make a decision on liquidation, and also carries out other actions necessary for the liquidation of the Fund. 6.3. The Fund may be liquidated: 1) if the Fund’s property is insufficient to achieve its goals and the likelihood of obtaining the necessary property is unrealistic; 2) if the goals of the Fund cannot be achieved, and the necessary changes to the goals of the Fund cannot be made; 3) in case the Foundation deviates in its activities from the goals provided for by the Charter; 4) in other cases provided for by law. 6.4. In the event of liquidation of the Fund, its property remaining after satisfying the claims of creditors is directed to the purposes specified in the Charter of the Fund. 6.5. When reorganizing or terminating the activities of the Fund, all documents (managerial, financial and economic, personnel, etc.) are transferred in accordance with the established rules to the successor organization. In the absence of a legal successor, documents of permanent storage that have scientific and historical significance are transferred for state storage to the archives of the association _Mosgorarchiv_; documents on personnel (orders, personal files and record cards, personal accounts, etc.) are transferred for storage to the archives of the administrative district in which the Foundation is located. The transfer and organization of documents is carried out by and at the expense of the Foundation in accordance with the requirements of archival authorities. 6.6. The Fund is considered reorganized or liquidated from the moment it is removed from the Register of Non-Profit Organizations in ________________. Signatures of the founders: ___________________________________ ___________________________________ ___________________________________ ___________________________________
Creation of a charitable organization in 2018
According to paragraph 3 of Art. 50, Art. 123.17 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code), a fund is an organizational and legal form of a legal entity that is a unitary non-profit organization. The goals of its activities are exclusively socially useful (charity, cultural development, etc.) The purpose of the charitable foundation is exclusively charity.
The foundation is established by issuing an appropriate decision and adopting a charter. Specified documents required for state registration.
It is carried out by the Ministry of Justice of Russia in interaction with the federal tax service on the basis of:
- Law “On State Registration of Legal Entities...” dated 08.08.2001 No. 129-FZ;
- Law “On Non-Profit Organizations” dated January 12, 1996 No. 7-FZ;
- Administrative regulations approved by order of the Ministry of Justice of the Russian Federation dated December 30, 2011 No. 455.
You will learn more about the deadlines, procedure and documents required for registration from the article.
We will look further at how to draw up the charter of a charitable foundation in 2018, but it should be noted that in 2017-2018 no significant changes were introduced to the requirements for its content. But innovations are being actively introduced into the procedure for submitting documents for registration and receiving the results of the service, namely: the electronic method of submitting/issuing documents is being added and expanded. More information about the process of electronic document management can be found in the above-mentioned Administrative Regulations of the Ministry of Justice.
Sample charter of a charitable organization
According to the law (clause 2 of article 123.17 of the Civil Code), the charter of a charitable foundation must have the following structure:
- name (must contain the word “fund”) and address;
- subject and goals of the work;
- information about organizational structure(the highest collegial body, the board of trustees, the sequence of appointment and dismissal of officials);
- procedure for distribution of property during liquidation.
IMPORTANT! If any information in the charter does not correspond to reality or the requirements of regulations, state registration may be denied. For example, if the name does not contain the word “fund” or the address is indicated incorrectly (subparagraph “g”, “r”, paragraph 1, article 23 of Law No. 7).
In practice, statutes and their samples presented on the Internet are much larger and more informative than provided by law. We recommend sticking to the following partition layout:
- General provisions (name, address and other general conditions functioning).
- Goals (goals, types of activities performed, etc.).
- Founders (information about the founders, their rights and obligations).
- Management (order and controls, as well as the functions of the latter). This section can be divided into several, dedicated to each of the controls.
- Property (sources of formation, distribution, etc.).
- Termination of activities (procedure for reorganization, liquidation).
- Changes to the charter (conditions and ways of making changes).
Features of the charter of a foundation with one founder
Funds are created and operate thanks to contributions from their founders, who can be both individuals and legal entities. At the same time, only one founder is allowed in a given organization, regardless of whether he is an organization or a citizen. It should be noted that even in this case it is imperative:
- draw up a charter;
- create a supreme collegial body, a board of trustees.
It is permissible to include in the charter of a charitable foundation with one founder a condition that the collegial body also includes this founder.
Instead of a protocol on the creation of an organization, its founder alone makes and formalizes in writing the corresponding decision, which approves the charter. Then such a decision is submitted to the Ministry of Justice for registration of the legal entity with state registration.
A charitable foundation is a legal entity created through contributions from its founders. Its registration with the tax service occurs through the Ministry of Justice of Russia, which receives documents from the applicant, makes a decision on them, cooperates with the tax service and issues the result of the service. Over the past few years, this department has introduced an electronic document management procedure for submitting documents and obtaining results. The requirements for how the charter of a charitable foundation should be drawn up are established by law, but we recommend that you not limit yourself to them. It is worthwhile to provide as many rules as possible for further work in order to determine the main ways of management “onshore”.
1. General provisions
1.1. The non-profit organization Charitable Foundation "__________________" (hereinafter referred to as the "Fund") is created in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, Federal Law of the Russian Federation dated January 12, 1996 N 7-FZ "On Non-Profit Organizations", Federal Law dated 11.08 .1995 N 135-FZ "On charitable activities and volunteering (volunteering)".
1.2. Full official name of the Foundation: Non-profit organization "Charitable Foundation"______________________________".
The abbreviated name of the Foundation in Russian is the Charitable Foundation "____________________".
Full name in ____________________ language: ____________________ "____________________";
Abbreviated name in ____________________ language: ___________________ "____________________".
1.3. The founders of the Fund are: ________________________________________________ _______________________________________________________________________________________
(name of the legal entity, OGRN and date of the registration certificate, by whom it was registered,
location, TIN, OKPO)
_______________________________________________________________________________________
(for an individual: passport: series, number, who issued it, date of issue, address)
1.4. The Foundation is a non-membership non-profit organization established by citizens and legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational and other socially beneficial goals. The property transferred to the Foundation by its Founders is the property of the Foundation. The Founders are not liable for the obligations of the Fund they created, and the Fund is not liable for the obligations of its Founders.
1.5. The Fund is a legal entity that does not have as its purpose the extraction of profit for its distribution among the Founders and employees of the Fund as their income. If income is received as a result of the Fund’s activities, it must be used to implement the statutory goals.
1.6. The Foundation uses the property for the purposes specified in its Charter. The Foundation has the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the Foundation was created, and in accordance with these goals. To carry out entrepreneurial activities, the Foundation has the right to create business companies or participate in them.
1.7. The Foundation is required to publish annual reports on the use of its assets.
The Foundation provides open access, including access to funds mass media, to their annual reports.
1.8. The Foundation acquires the rights of a legal entity from the moment of state registration. The Foundation has an independent balance sheet or estimate, a round seal with its name, stamps and forms with its name, as well as a duly registered emblem.
The Fund has the right, in accordance with the established procedure, to open bank accounts in the territory of the Russian Federation and outside its territory.
1.9. The Foundation independently determines the directions of its activities, the strategy of economic, technical and social development.
1.10. The Foundation has the right to acquire property, as well as personal non-property rights and bear responsibilities, to be a plaintiff and defendant in court, arbitration and arbitration courts.
1.11. The Foundation, as an owner, exercises ownership, use and disposal of its property in accordance with the Charter.
1.12. The Fund can create its representative offices in the Russian Federation and abroad. Representative offices act on behalf of the Foundation in accordance with the Regulations approved by the Foundation Council.
1.13. The Foundation is liable for its obligations with property that can be foreclosed on by law.
1.14. The Fund is not liable for the obligations of the state and the Founders of the Fund. The state and its bodies are not liable for the obligations of the Fund.
1.15. Location of the Foundation: _____________________________________. The executive body of the Fund, the Chairman of the General Meeting, is located at this address.
1.16. The fund is created without a limitation on the period of activity / The fund is created for a period of __________.
2. Goals and objectives of the fund
2.1. The main goal of the Fund is to provide material and other assistance to minors left without parental care, as well as pensioners, refugees, forced migrants and other categories of socially vulnerable persons, regardless of their nationality, citizenship, religion.
2.2. The main activities of the Foundation are:
- charitable activities;
- providing assistance to pensioners with medicines and food;
- providing financial assistance to minors, refugees, the homeless and the poor;
- carrying out trade, intermediary and other commercial operations in order to use the income received for charitable purposes and solve other problems in accordance with the Charter;
- providing jobs for refugees, internally displaced persons and other categories of socially vulnerable able-bodied persons;
- payment of cash support to persons with incomes below the subsistence level and other people in need;
- creation of business companies in the Russian Federation, as well as participation in the activities of business companies.
The Foundation has the right to carry out entrepreneurial activities only to achieve the goals for which it was created and in accordance with these goals.
The Fund has the right to engage in activities to attract resources and conduct non-sales operations.
Funds can unite into associations and unions created on a contractual basis to expand their capabilities in realizing their statutory goals.
3. Founders and participants of the fund
3.1. Citizens and organizations can take part in the activities of the Foundation both by making voluntary donations, providing property for free use, and by providing organizational and other assistance to the Foundation in carrying out its statutory activities.
Charter of the Charitable Foundation of Saint Righteous John of Kronstadt
1. General provisions
1.1. The Charitable Foundation of Saint Righteous John of Kronstadt, hereinafter referred to as the “Foundation”, is a non-membership charitable non-profit organization established on the basis of voluntary property contributions to achieve charitable, spiritual, social, cultural, educational and other socially beneficial goals. The founder of the Foundation is the Orthodox religious organization Department for Church Charity and Social Service of the Russian Orthodox Church(Moscow Patriarchate), legal address: 109004, Moscow, st. Nikoloyamskaya, 57, building 7, OGRN 1037739255762, Certificate of State Registration religious organization No. 023 dated May 26, 2006, INN/KPP 7709048164/770901001, OKPO 17657661.
1.2. The Foundation carries out its activities in accordance with the Constitution of the Russian Federation, the Civil Code of the Russian Federation, Federal law Russian Federation “On Non-Profit Organizations”, Federal Law of the Russian Federation “On Charitable Activities and charitable organizations", other legislative acts of the Russian Federation, regulatory legal acts of the constituent entities of the federation, as well as the Charter of the Russian Orthodox Church, the Fundamentals of the Social Concept of the Russian Orthodox Church, the Fundamentals of the Teaching of the Russian Orthodox Church on dignity, freedom and human rights, On the principles of organizing social work in the Russian Orthodox Church Church, resolutions of Local and Bishops' Councils, other documents of the Russian Orthodox Church on the activities of the Foundation and this Charter.
1.3. Official name of the Foundation:
Full name in Russian: Charitable Foundation of the Holy Righteous John of Kronstadt. Abbreviated name in Russian: BF St. right John of Kronstadt. Name of the foundation in English: Charitable Foundation of Saint Righteous John of Kronstadt. Abbreviated name for English: CF of St. John of Kronstad.
1.4. The property transferred to the Foundation by its Founder is the property of the Foundation. The Founder is not liable for the obligations of the Fund he created, and the Fund is not liable for the obligations of its Founder.
1.5. The Fund is a legal entity that does not have as its purpose the extraction of profit for its distribution between the Founder and the Participants of the Fund as their income. If income is received as a result of the Fund’s activities, it must be used to implement the statutory goals.
1.6. The Foundation uses the property for the purposes specified in its Charter. The Foundation has the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the Foundation was created, and in accordance with these goals.
1.7. The Foundation acquires the rights of a legal entity from the moment of state registration of its Charter. The Fund has an independent balance sheet, a round seal with its full name in Russian, a stamp, settlement and other accounts, and operates on the principles of complete economic independence, strict compliance with current legislation and obligations to the Founder.
1.8. The fund is created without limiting the period of activity.
1.9. The Foundation independently determines the directions of its activities, the strategy of economic, technical and social development.
1.10. The Foundation has the right to acquire property, as well as personal non-property rights and bear responsibilities, to be a plaintiff and defendant in court, arbitration and arbitration courts.
1.11. The Foundation, as an owner, exercises ownership, use and disposal of its property in accordance with the Charter.
1.12. The Foundation is liable for its obligations with property that can be foreclosed on by law. The Foundation is not liable for the obligations of the state and the Founder. The state and its bodies are not liable for the obligations of the Fund.
1.13. Location of the permanent executive body of the Foundation: Moscow, Bolshoi Karetny Lane, 8, building 1.
1.14. The postal address of the Foundation is: 127051, Moscow, Bolshoi Karetny Lane, 8, building 1.
2. Purpose and activities of the fund
2.1. The purpose of the Foundation is to carry out charitable activities aimed at:
Social support and protection of citizens, including improving the financial situation of the poor, social rehabilitation of the disabled and other persons who, due to their physical or intellectual characteristics, other circumstances are not able to independently realize their rights and legitimate interests;
Promoting the strengthening of the prestige and role of the family in society;
Promoting the protection of motherhood, childhood and paternity;
Promotion of activities in the field of education and spiritual development personalities;
Promoting activities in the field of prevention and protection of public health, as well as propaganda healthy image life, improving the moral and psychological state of citizens;
2.2. To achieve the statutory goal, the Foundation carries out the following types of charitable activities:
Collects, receives, stores and distributes humanitarian aid, donations and other material resources;
Creates permanent points to provide charitable assistance to the population;
Creates conditions for the rehabilitation of people suffering from alcohol and chemical dependence;
Participates in social work in prisons and in the rehabilitation of former prisoners;
Participates in social work with HIV-infected people, organizing services in hospitals and hospices;
Promotes the provision of assistance to people with AIDS and codependents;
Provides assistance to women and children in difficult situations life situation, conducts social work with the homeless.
2.3. In addition, to achieve common goals and protect common interests, the Foundation may carry out the following activities:
Participate in the organization and conduct of charitable events, raise funds to achieve the statutory goals of the Foundation, and attract voluntary donations;
Revive and disseminate the ideas of social service (spiritual and material assistance) and compassion for those in need, ethnic reconciliation, based on Christian doctrine.
Create conditions for primary prevention in society of addictions and other forms of deviant behavior, resocialization of former prisoners, updating a healthy lifestyle;
Involve specialists, clergy, and volunteers to organize network projects, implement a multiprofessional approach to helping people suffering from addiction to psychoactive substances;
Support the work of rehabilitation centers for drug and alcohol addicts;
To attract the attention of the Church and society to the problems of HIV and AIDS, the development of palliative care programs for HIV-infected people; participation in the work of the interchurch anti-AIDS network;
Organize and conduct seminars, trainings and business meetings in order to establish social contacts and spiritual educational activities;
Involve volunteers (volunteers) working free of charge in the activities of the Foundation and the implementation of its programs for the purpose of joint charitable activities;
Participate in the implementation of city, regional, federal and international social programs through a system of grants;
Create systems to help those in need by collecting information about the disabled part of the population;
Develop projects to provide social, psychological and material assistance to those in need;
Establish and develop contacts with Russian and foreign religious, public, government and other organizations, as well as individuals with the aim of exchanging experience in helping those in need and organizing joint charitable activities;
Summarize and disseminate the experience of their work in religious and other organizations wishing to adopt it;
Hold exhibitions, lectures, public charity events and other public events;
Participate, with the involvement of specialists, in the creation of rehabilitation centers for chemically dependent people, social hotels and “halfway houses” and other charitable and charitable institutions;
Promote the publication of literature related to the statutory goals of the Foundation;
Organize the free dissemination of information about your activities through existing media.
2.4. The Foundation has the right to carry out entrepreneurial activities necessary to achieve the statutory goals for which the Foundation was created, and in accordance with these goals.
2.4.1. The Fund can carry out the following types entrepreneurial activity:
Organizing and conducting seminars and business meetings with the aim of establishing social contacts and spiritual educational activities;
Participation in implementation government programs social orientation within the framework of state social orders;
Holding exhibitions, lectures, concerts and other public events;
Organization of trainings to improve the competence of the Christian community in various types their activities;
Organization of rehabilitation of drug and alcohol addicts;
Organization of palliative care for patients, including HIV+.
2.4.2. To carry out entrepreneurial activities, the Foundation has the right to create business companies. Business companies created by the Foundation have general legal capacity, unless otherwise established by law or the constituent documents of these companies.
2.4.3. Profit received by the Fund as a result of its business activities (both directly and through participation in business societies), is directed towards socially beneficial purposes for which the Fund was created.
2.5. The Foundation is obliged:
Comply with the legislation of the Russian Federation, generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by its constituent documents;
Annually inform the registration authority about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the managers;
Provide, at the request of the body registering non-profit organizations, decisions of the governing bodies and officials of the Fund, as well as annual and quarterly reports on its activities to the extent of information provided to the tax authorities;
Allow representatives of the body registering non-profit organizations to events held by the Foundation;
Provide assistance to representatives of the body registering non-profit organizations in familiarizing themselves with the activities of the Foundation in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;
Annually publish a report on the use of your property or make the said report accessible.
3. Foundation property
3.1. In order for the Foundation to achieve the goal provided for by this Charter, the Founder provides the Foundation with initial in cash in the amount of 10,000 rubles, transferred to the Foundation on the right of ownership. The said property is transferred to the Fund within 10 days from the date of its state registration and is subject to crediting to the Fund’s balance sheet in the manner established by regulations on accounting and reporting.
3.2. The sources of formation of the Fund’s property are also:
Voluntary property contributions and donations;
Proceeds from sales, within the limits of the types of activities, goods, works, services established by this charter;
Dividends (income, interest) received on shares, bonds, other securities and deposits;
Income received from the Fund's property;
Other receipts not prohibited by law.
Laws may establish restrictions on the Fund's sources of income.
3.3. Fiscal year The fund coincides with the calendar.
3.4. The Foundation maintains accounting and statistical reporting in the prescribed manner and is responsible for its accuracy.
3.5. The Foundation's property may be used exclusively for its intended purpose - that is, in accordance with the goals of the Foundation as defined by this Charter.
4. Fund management bodies
4.1. The highest management body of the Fund is a collegial body - the Board of the Fund (hereinafter referred to as the “Board”). The main function of the Board is to ensure compliance by the Fund with the goals defined by this Charter.
4.2. The composition and size of the Management Board is determined by the Founder. The number of members of the Management Board is at least 3 people. Subsequent changes in the size and composition of the Management Board are made by the Founder upon the recommendation of the Management Board. At the same time, the Management Board cannot include persons who are members of the Foundation’s Board of Trustees and Executive Director Fonda.
4.3. The competence of the Management Board includes resolving the following issues:
a) amendment of this Charter;
b) definition priority areas activities of the Foundation, principles of formation and use of its property;
c) formation of the executive bodies of the Fund and early termination of their powers;
d) approval of charitable programs;
e) approval of the annual plan, budget of the Fund and annual balance sheet;
f) approval of the financial plan of the Fund and amendments to it;
g) creation of branches and opening representative offices of the Fund;
h) participation of the Foundation in other organizations;
i) reorganization of the Fund.
Questions provided for in paragraphs. b-e) of this Charter are within the exclusive competence of the Management Board. Decisions made on issues provided for in paragraphs. a) and i) of this Charter are subject to approval by the Founder of the Fund.
4.4. A meeting of the Management Board is valid if more than half of its members are present at the said meeting. If there is no quorum, the meeting is postponed and the Chairman of the Management Board sets the next date for the meeting, but no more than 30 (thirty) days from the date of the failed meeting.
4.4.1. The decision of the Management Board is made by a majority vote of its members present at the meeting. The decision of the Board on issues of its exclusive competence is made by a qualified majority of 2/3 of the votes of the members of the Board present at the meeting.
4.4.2. Each member of the Management Board has the right to one vote.
4.4.3. The Chairman of the Board, Deputy Chairman of the Board and Secretary are elected by the Founder from among the members of the Board for a period of three years with the right of subsequent re-election. The Chairman of the Board and the Secretary exercise powers related to the preparation and holding of meetings of the Board, storage of documentation of the meetings.
4.4.4. Meetings of the Management Board are convened by the Chairman of the Management Board and held as necessary, but at least twice a year. At the written request of any member of the Fund's Board, the Chairman of the Board must convene an extraordinary meeting of the Fund's Board within twenty days. The Chairman of the Board opens and chairs meetings of the Fund's Board.
4.4.5. Decisions of the Management Board are recorded in the minutes of the meeting, signed by the Chairman of the Management Board and the Secretary of the meeting.
4.4.6. In the absence of the Chairman of the Management Board, his duties in in full performed by the Deputy Chairman of the Management Board.
4.4.7. The Fund does not have the right to pay remuneration to members of the Management Board for the performance of the functions assigned to them, with the exception of compensation for expenses directly related to participation in the work of the Management Board.
4.4.8. In the intervals between meetings of the Board, the management of the current activities of the Fund is carried out by the Executive Director of the Fund (hereinafter referred to as the Director). The Director is the executive body of the Fund and acts without a power of attorney on the basis of this Charter.
4.5. The Director manages all activities of the Foundation within the competence defined by this Charter. The powers of the Director include the prompt resolution of all issues of the Fund’s activities, if they are not within the exclusive competence of the Board, including:
Preparation and submission for consideration and approval by the Management Board of annual, quarterly, monthly reports on the activities of the Fund, accounts of profits, losses and results of economic activity with relevant explanations and proposals;
Determination of the internal structure of the Fund’s bodies and approval of regulations on the structural (internal, not separate) divisions of the Fund;
Determination of the number and terms of remuneration of officials and personnel of the Fund, its representative offices and branches;
Approval of internal regulations and staffing table Fonda;
Appointment and removal of heads of representative offices and branches of the Fund;
Approval of the amount and procedure for using funds to maintain the apparatus and ensure the activities of the Fund;
Other issues in accordance with this Charter and decisions of the Board.
4.5.1. The Director is appointed by the Founder for a period of three years and acts without a power of attorney within the framework of his competence on behalf of the Fund.
The term of office of the Director may be interrupted at any time by decision of the Board, after agreement with the Founder, with prior notification to the Director in accordance with current legislation.
The Director is accountable to the Foundation Board.
4.5.2. The Director of the Foundation performs the following functions:
Represents the Foundation in relations with any legal entities and individuals, authorities and management in the Russian Federation;
Present at meetings of the Management Board without the right to vote;
Ensures implementation of Board decisions;
Hires and fires Foundation personnel in accordance with current legislation;
Manages property, including the funds of the Foundation, for logistical support of the statutory activities of the Foundation within the framework of the estimate and budget approved by the Board;
Within the framework of his competence, without a power of attorney, concludes contracts on behalf of the Fund, issues powers of attorney, opens current and other accounts in banks, and keeps the seal of the Fund;
Performs other functions arising from the Charter of the Foundation and
employment contract. The Director is obliged to provide the Chairman of the Board and the Board of Trustees with any information about the operational activities of the Foundation upon request.
4.6. The Board of Trustees is a body of the Fund, supervises the activities of the Fund, the adoption of decisions by other bodies of the Fund and ensuring their execution, the use of the Fund’s funds, and the Fund’s compliance with legislation. The Board of Trustees is designed to help attract funding for the Foundation to carry out its statutory activities.
4.6.1. The Board of Trustees is formed by the Founder and acts in accordance with the Regulations on the Board of Trustees of the Foundation, approved by the Founder. Persons ( individuals or representatives of legal entities) who have authority, are respected and have expressed support for the goals for which the Fund was created and (or) its specific shares.
4.6.2. The first composition of the Board of Trustees is formed by the Founder within 1 (one) year from the date of state registration of the Foundation. New members of the Board of Trustees are included in its composition after approval by the Founder.
4.6.3. The Board of Trustees initially consists of at least 3 (three) members. The term of office of the Board of Trustees and each individual member is not limited. A meeting of the Foundation's Board of Trustees is considered valid if more than half of its members are present. Decisions of the Board of Trustees are made by a simple majority of votes of the members present at the meeting. Each member of the Board of Trustees has the right to one vote.
4.6.4. The work of the Board of Trustees is supervised by the Chairman of the Board of Trustees, who is ex officio the Chairman of the Department for Church Charity and Social Service of the Russian Orthodox Church (Moscow Patriarchate). Also, the work of the Board of Trustees is managed by the co-chairman of the Board of Trustees, the procedure for appointment and powers of which are determined by the Regulations on the Board of Trustees of the Foundation.
4.6.5. Resignation from the membership of the Board of Trustees is possible: upon personal application of a member of the Board; in case of exclusion from the Board of Trustees by decision of the Board and/or the Founder, taking into account the recommendations of the Board of Trustees on the grounds provided for in the Regulations on the Board of Trustees of the Foundation.
4.6.6. In the event of early termination of the powers of a member (members) of the Board of Trustees, the Board has the right to continue working with the remaining members until the Board introduces new members and their approval by the Board of Trustees.
4.6.7. Members of the Board of Trustees perform their duties free of charge, but have the right to reimbursement of expenses associated with their participation in the Board of Trustees.
4.6.8. The Board of Trustees has the right to: get acquainted with any documents of the Foundation; demand explanations from Foundation officials for any decisions they make; hear the annual report of the Director on the results of the Fund’s activities; get acquainted with the data of audits of the Fund’s activities; submit for consideration by the Board long-term programs of the Fund’s activities, as well as recommendations on the organization of work and other issues of the Fund’s activities.
4.6.9. The Board of Trustees meets at least once a year.
4.6.10. The Council cannot include members of the Fund's Board, officials of the Fund, or financially responsible persons of the Fund.
4.6.11. The Board of Trustees presents the results of its activities to the Board of the Foundation, and in the period between its meetings - to the Director of the Foundation.
4.6.12. Other issues of the activities of the Board of Trustees may be regulated by the Regulations on the Board of Trustees of the Foundation, approved by the Board of Trustees of the Foundation.
4.7. To verify and confirm the annual financial statements, the Fund must use the services of a specialized audit organization (external audit). The external auditor is approved by a decision of the Board upon the recommendation of the Director of the Fund.
5. Reorganization of the fund
5.1. Reorganization of the Fund may occur through merger, division, accession, allocation, unless otherwise provided by law.
5.2. The decision on reorganization is made by the Founder or a competent government agency in cases provided for by current legislation. The Board of the Fund may make a decision on the reorganization of the Fund by a qualified majority of 2/3 votes of the members of the Board present at the meeting. The decision to reorganize the Fund is subject to approval by the Founder.
5.3. When the Fund is reorganized, its rights and obligations pass to its legal successors.
5.4. The procedure for reorganizing the Fund is carried out in the manner established by current legislation.
6. Liquidation of the fund
6.1. Liquidation of the Fund is carried out in cases and in accordance with current legislation.
6.2. The decision to liquidate the Fund can only be made by the court upon the application of interested parties. The Fund may be liquidated on the following grounds:
If the Fund's property is insufficient to achieve its goals and the likelihood of obtaining the necessary property is unrealistic;
If the goals of the Foundation cannot be achieved and the necessary changes to the goals of the Foundation cannot be made;
If the Foundation deviates in its activities from the goals provided for by the Charter;
In other cases provided for by the legislation of the Russian Federation.
6.3. The liquidation procedure of the Fund is carried out in accordance with current legislation.
6.4. The Fund's property remaining after satisfaction of the creditors' claims is directed to the purposes for which it was created and is not subject to redistribution between the Founder and the Fund's participants.
6.5. The decision to liquidate the Fund is sent to the body that registered the Fund to exclude it from the Unified State Register of Legal Entities.
6.6. The liquidation of the Fund is considered completed, and the Fund is considered to have ceased to exist after making an entry to this effect in the Unified State Register of Legal Entities.
7. Procedure for amending this charter
7.1. This Charter allows for the possibility of changing it by the Founder of the Fund.
The Board of the Foundation may make a decision to amend the Charter of the Foundation by a qualified majority of 2/3 votes of the members of the Board present at the meeting. The decision to amend the Foundation's Charter is subject to approval by the Founder.
7.2. Any changes and additions to this Charter are registered in accordance with current legislation.
7.3. Changes to this Charter become effective for third parties from the moment of their state registration, unless otherwise provided by law.
As an unincorporated, non-profit legal entity, it is established for the purpose of performing various socially beneficial activities. The socio-cultural, educational, and charitable characteristics of the foundation’s activities determine its special legal capacity. Acting as a subject of civil circulation, foundations should strictly observe the purely targeted nature of their activities.
Voluntary property contributions are the financial basis for the existence of funds. Domestic legislation allows the creation of various categories of this type NPO. Classic examples of foundations that are most common in practice are public and charitable foundations. And this article will tell you in detail about the charter of such a non-profit organization (NPO) as a foundation.
Features of the fund's charter
Concept and essence
The specificity of the constituent documents of such non-profit entities as foundations is determined solely by the charitable orientation of their activities. In pursuing socially beneficial goals, the foundation can only engage in permitted types of commercial activities.
Civil legislation provides for only one type of constituent document for foundations - a charter approved by its founders. Founders of funds in the Russian Federation can be both legal entities and individuals. The establishment of a foundation by one founder is permitted by law.
This video will tell you how to create a foundation charter using a specific example:
Provisions
The foundation's charter must necessarily contain the following information:
- Name of the legal entity and its;
- Purpose of activity of a legal entity;
- Source of property formation;
- The procedure for using the property;
- Fund management bodies and their competence;
- The procedure for electing/appointing management bodies and officials in NPOs;
- Information about the founders of the fund;
- Rights and obligations of NPO participants;
- Reorganization and;
- The further fate of the property that will remain after the liquidation of the fund.
Here you can find a sample charter of a public non-profit organization - a charitable foundation.
Sample charter of a charitable foundation with one founder
Sample charter of a charitable foundation with one founder - 1
Sample charter of a charitable foundation with one founder - 2
Sample charter of a charitable foundation with one founder - 3
Sample charter of a charitable foundation with one founder - 4
Sample charter of a charitable foundation with one founder - 5
Sample charter of a charitable foundation with one founder - 6
Sample charter of a charitable foundation with one founder - 7
Sample charter of a charitable foundation with one founder - 8
Sample charter of a charitable foundation with one founder - 9
Sample charter of a charitable foundation with one founder - 10
Sample charter of a charitable foundation with one founder - 11
Sample charter of a charitable foundation with one founder - 12
The foundation's charter, being the main one normative document, which is of an official nature, should contain as much information as possible about the management of the NPO. The imperfection of the charter and the absence of key points in it will not only act as obstacles to activity, but may also lead to the liquidation or bankruptcy of the fund.
Specifics of the document
The specificity of the foundation's charter is that it does not provide for the range of grounds for liquidation, as is usually reflected in the charters of legal entities. The list of grounds for liquidation of the fund is fixed in legislative acts. This procedure is aimed at preventing abuse in the use of NPO property.
The Federal Law of the Russian Federation “On Non-Profit Organizations” also stipulates that the remainder of the funds after the liquidation of the fund must be directed to the statutory purposes of the NPO. In the absence of such a possibility, the property of the liquidated fund is transferred to the state treasury.
Registration of the fund's charter and amendments to it are described below.
Registration and change procedure
As you know, all non-profit legal entities undergo the procedure of state registration and registration with the Ministry of Justice of the Russian Federation. The constituent document of a legal entity is a document that must be submitted to the registration authority when registering an organization. Consequently, registration of the foundation’s charter is carried out simultaneously with state registration non-profit organization.
The Tax Code of the Russian Federation establishes the rate of state duty payable upon registration of a non-profit organization and its charter. The duty amount is 4 thousand rubles.
The possibility of changing and supplementing the charter of a foundation with new provisions directly by the executive bodies of a non-profit organization is significantly limited by law due to the special nature of the legal nature and the special legal capacity of foundations. Thus, changes to the constituent document can be made in cases directly specified in the charter itself. If the charter is silent about the procedure for making changes, then the basis for changing the charter will be a court decision.
State registration of changes to the fund’s charter lasts about 30 days, since the procedure legal registration the expression of the will of the founders of the fund takes place immediately both in the Ministry of Justice and the Individual Tax Inspectorate of the Russian Federation. reflects all changes in constituent documents non-profit legal entities. Thus, the price of the procedure for registering changes to the charter of the fund includes a state fee of 800 rubles and legal costs.
This video will tell you how to create a fund, including the creation of a charter: