How to open a religious charitable foundation. How to open a charitable foundation - step by step guide

Charity is a good thing. Helping people in need is a commendable endeavor. Our world is not without kind people, and such spiritual impulses unite many: both ordinary people with a small income, and seasoned business sharks. Therefore, many who want to help seek to create their own charitable fund to raise money for a variety of needs of people who really need it. How to create a charitable foundation, and what subtleties should be known when registering it? More on this later.

What is a charitable foundation

First of all, many people are sure that a charitable foundation and philanthropy are equivalent concepts. This is wrong. First of all, the purpose of this fund is to help people in need. The first thing to learn when setting up a fundraising charitable organization is that it is against the law to derive any benefit from it. If you want to discover something like this, remember that you are not doing this only for yourself, and in no case should you cross that rule. People who want to make money on someone else's grief can face a lot of problems with the law, up to criminal liability for their actions. If you really want to help people - do not think about yourself and use your own organization only for its intended purpose.

Before the beginning

If you want to create your own charitable foundation and are wondering where to start, before registering directly, you need to go through several important steps and think through everything carefully. These stages include:

• definition of the scope of the fund. It is simply impossible to help everyone at once;
• choosing a name and adopting the charter of the organization;
• search for employees and volunteers who are ready to assist the project;
• creating your own website on the Internet and carefully thought out advertising;
• search for people who are ready to donate money to your fund.

As for the last stage, there are often discussions on the topic: why look for them before the foundation is opened, if everyone should donate funds to us anyway? In fact, no one owes anything to anyone, and opening a charitable foundation without getting support from at least a few patrons is simply useless.

What is required for registration

Fortunately, setting up a charitable foundation in Russia is relatively quick and easy. These organizations, according to the law, are non-profit and specialize in the provision of social services. Before submitting documents, you need to accurately determine the direction of your organization according to the code of the all-Russian classifier of types of economic activity. Then you should collect all the necessary documents, and then contact the Ministry of Justice. You should go to the ministry with a package of papers, including:

1. Application for registration. A corresponding form РН0001 has been developed for charitable foundations. The form is drawn up in two copies, after which one of them must be certified by a notary.
2. The decision to establish the organization and its charter. These documents must be submitted in triplicate.
3. Receipt confirming the payment of state duty.
4. Documents containing all information about the addresses of the organization.
5. Lease agreement or documents confirming the acquisition of the premises in which the organization will be based.

After this procedure is over, you just have to wait. The decision to register a charitable foundation is made by the Ministry of Justice within two weeks. If everything goes well, then after this time you can come to the ministry and receive all the required documents for the functioning of the organization.

The question of founders is not uncommon either. In fact, even one individual can open this organization (this is even better, since additional documents must be submitted for each founder). In addition, a variety of legal entities can open their own fund. Immediately after the ministry has given the founder all the constituent documents, he should deal with the issue of registering him in all related structures. These include:

• tax;
• compulsory insurance funds;
• statistical office.

Fund funds: where they come from and where they are spent

Unfortunately, our people are brought up in such a way that almost every charitable foundation considers it a place for cashing in “laundered” money. Indeed, some people create these organizations for this purpose, but we remind you that this is punishable. Real charitable organizations collect funds and use them for their intended purpose.

Unfortunately, a very small percentage of people are ready to donate funds to organizations of this kind (someone - because of lack of money, someone - because of their own stereotypes), so you will have to face that problem. As a rule, the main patrons for charitable foundations are rare private entrepreneurs and companies. Assistance may not always be financial, some people are ready to help, say, by purchasing equipment or other necessary things.

What is charity? It is especially valuable in a developing society, where budget funds are allocated according to priority.

We often learn from the press or mass media that certain necessary social, medical, cultural, sports processes that are important for public life have been left without proper funding.

But the situation was corrected when charity came to the rescue, the necessary funds were accumulated and transferred to the suffering from a specially opened bank account.

Charity, as you know, is based on the targeted redistribution of funds from patrons. It should serve the society by taking advantage of tax incentives. The legal mechanism for its provision is fully structured and viable: both the state and society strictly monitor that organizations implementing it do not degenerate into commercial ones.

The social mission of charity is to be the last straw where there are not enough state mechanisms of social protection. These are targeted assistance to low-income citizens, targeted provision of social services, sponsorship of healthcare, culture, sports, and art.

A Necessary and Sufficient Condition for Charity

How to open a charitable foundation? Is the business acumen of an enthusiastic discoverer enough for this? Not at all. Speaking in the language of mathematics, a necessary condition for its creation is the solvent demand of successful commercial structures or very wealthy citizens for charitable activities (a bonus for them is a positive image of their main activity on the part of society). A sufficient condition is the professionalism of the actions of the persons directly founding this institution.

There is also a practice of establishing charitable foundations on the part of patrons themselves. Thus, they systematize their philanthropic activities, participate in state and international projects.

Charity in Russia

What niche in society do Russian charitable foundations occupy? Are their activities in demand? Undoubtedly. We list the most famous of them: the Vladimir Potanin Foundation (scholarships and grants to students), the Volnoe Delo Foundation (various activities, known for the Temples of Russia program), the Dynasty Foundation (development of science and education), the Victoria Foundation (assistance orphans), the Link of Times Foundation (the return of Russian cultural heritage from Western private collections). With the help of these institutions, Russian philanthropy has been funded by hundreds of millions of dollars. Society has long appreciated the importance of such work.

Indeed, budget financing of social protection sometimes does not have the necessary flexibility and efficiency to protect certain categories of citizens, support science, culture, and sports. It is positive when, at the same time, caring people are found who, through the creation of an appropriate fund, raise charity to the proper height. Therefore, the question: “How to open a charitable foundation?” relevant enough.

Legal basis for charity

Charitable foundations are a subclass of non-profit organizations, i.e. structures that exist not for profit, but specializing in the provision of social services. Russian legislation, in particular, paragraph 1 of Art. 118 of the Civil Code determines that a citizen of the Russian Federation, as well as a stateless person, as well as foreign citizens, can create a charitable foundation. A legal entity can also initiate a charity fund. The activities of this organization are strictly regulated by the charter. This is enshrined in Art. 49 GK.

Can such a fund be engaged in entrepreneurship? The federal law "On Charitable Activities" answers this question in the affirmative. But the charity business is limited. The Foundation can even establish a joint-stock company or LLC for this. He also has the opportunity to directly engage in entrepreneurship on his behalf. However, such activities are limited within the framework of the redistribution of 80% of income to finance charitable programs.

So, we know what and why to organize. But the question remains: "How to create a charitable foundation?" Let's try to answer it.

Business planning

This area is regulated by the already mentioned Federal Law of the Russian Federation “On Non-Commercial Organizations” of January 12, 1996, as well as the Federal Law of the Russian Federation “On Charitable Activities ...” of August 11, 1995. According to their requirements, registration of charitable foundations is carried out in the Ministry of Justice of the Russian Federation .

Already at this stage, you need a business plan for a charitable foundation. Creation does not make sense if there is no initial business idea, a clear targeting of your charitable work, when the list of patrons is initially empty, because 20% of the proceeds to the fund, which can be used to support economic activities, will not cover rent, investments in furniture and office equipment, wages salaries to employees, utility bills, Internet, investments in software (including online legal services).

Rent

Favorable rent is the key to minimizing costs. A relatively small office space (mainly 10m 2) is considered good form for charitable foundations. If we are talking about megacities, then it makes no sense to look for premises either in the center (exorbitant rental costs) or in residential areas (after all, the fund's main clients are commercial law firms).

We recommend focusing on the location of investor companies (including potential ones). The average allowable rental price - 1 thousand rubles per m2 - can and should be "knocked down" to at least 0.7 thousand rubles. at the expense of letters of recommendation, best of all - from the leadership of respected state institutions. A good business plan for a charitable foundation always includes cheap rent.

Constituent documents

Having decided on the office, the charity fund completes the constituent package of documents:

Form PH0001 - Application for registration of a charitable foundation;

Documentary decision on the creation of the fund and approval of constituent documents;

Charter and other documents necessary for the decision - in 3 copies;

Payment of state duty (4 thousand rubles);

Availability of legal and actual addresses of the fund;

Letter of guarantee from the landlord, or a certificate of ownership.

Document flow

There is the following practice: after the transfer of the package of constituent documents, two weeks later the ministry makes a decision on the state registration of such a fund, and two weeks later, we receive certified documents (certificate of state registration, registration judicial certificate, extract from the Unified State Register of Legal Entities, charter of a charitable foundation certified by the Ministry of Justice).

It is important to correctly designate the code that characterizes the charitable activity chosen for the foundation (OKVED).

tax registration

The approved constituent documents of a charitable foundation serve as the basis for its tax registration. After a weekly review, the tax authority will register the charter, a taxpayer number, an extract from the state register, and a state registration number will be provided. After that, you should draw up a power of attorney from the IFTS (for obtaining documents), select a bank for servicing, open accounts in it that correspond to the statutory activities.

An important feature of the taxation of a charitable foundation is a narrowed base: charitable contributions are not included in it, which can be realized only with correct accounting. By the way, before opening a charitable foundation, its founders are advised to find a competent accountant with accounting experience.

Correct accounting is the basis for the effectiveness of the fund. Nowadays, the desire of the head of the fund to save on salaries by hiring a student accountant carries the risk of selecting incorrectly accounted for charitable funds by a tax audit.

If the charter of the fund provides for entrepreneurial activity (newly created funds usually choose a simplified taxation system), then an application is written to the tax authority in which the tax rate is selected based on the subject of taxation: total income (6%) or the difference between income and costs (15%) .

After registration with the tax office, as a rule, registration with the statistical agency, the pension fund and the social insurance fund follows.

Note that the reporting of a charitable foundation in the absence of entrepreneurial activity (which is quite possible) is greatly simplified. For example, zero reporting to the pension fund and zero income taxation are quite possible.

How to simplify the registration process

Qualified intermediaries are working on the legal services market today, who, under an agreement concluded with you, undertake to register a charitable foundation on their own. Such law firms completely free the client from the "headache". They not only know how to open a charity fund, but also do it regularly and in a short time.

They group their services into packages. And consultations are usually free. The lawyers of such a company prepare a complete package for state and tax and other registration. Moreover, the legal services rendered are often accompanied by assistance in finding cheap rent.

Conclusion

Charity as a business depends on the dynamic work of the staff of the foundation itself. Such professional activity on a purposeful, systematic search for funds is called fundraising.

At the same time, stable contacts are established with commercial companies: banks, concerns, enterprises. On the other hand, having reached out to investors, it is a matter of honor for the management of charitable foundations to prove their competence and competitive advantages in managing the accumulated funds.

At the same time, the interaction of charitable foundations with commercial structures maintains the positive reputation of the latter, showing the society the contribution of businessmen to social harmony and the development of science, culture, and art. It is not enough to rely only on your punctuality and thrift, you should also learn how to be public and persuasive before opening a charitable foundation.

Charitable foundations are organizations that raise funds to provide material assistance to people in need. These are not government organizations, but funds created by caring people.

How to open a charitable foundation

They exist at the expense of donations and voluntary contributions of the population.

In order to register a charitable organization, you need to contact the state registrars, who are usually located in the local administration. You can register a fund only at the address where it is located, so you should think about the legal address in advance.

1. Purpose of creation.
2. Source of income.

Fund registration

Cost and terms of services

Name of service

Service provision term

(cost of services)

(with all expenses)*

Registration of a non-profit organization

One month

* the price includes state duty, notary fees, simple printing.

The Fund is a non-profit organization without membership, which was established by legal entities and (or) citizens on the basis of voluntary contributions of a property nature.

PECULIARITIES:

1. One person can act as the founder of the Fund. The collective management body, which is created in the Fund, must consist of at least two individuals.

The purpose of the Foundation may be the implementation of educational, cultural, charitable or other socially useful, social goals.

2. The obligations of the Fund include the annual publication of reports on the use of its property.
3. The basis for the liquidation of the Fund can only be a court decision in the following cases:

1) insufficiency of the property of the fund for the implementation of its goals and the impossibility of obtaining the required property;

2) the inability to achieve the goals of the fund if it is impossible to make the necessary changes to them;

3) if the foundation in its activities deviates from the goals provided for by the articles of association;

The Fund cannot be reorganized into other organizational forms.

PROCEDURE FOR PROVIDING THE SERVICE ON REGISTRATION OF THE FUND:

1. Obtaining documents and information for the provision of services.

From the client it is necessary:

I. provide the following types of documents:

1. If the founders of the company are individuals:
2. copy of pages 1 and 2 of the passport;
3. personal TIN number;
4. for foreign citizens: a copy of the passport certified by a notary and a permit for a residence permit or temporary residence.
5. If the founders of the company are legal entities:
6. details of the company made in free form or a copy of an extract from the Unified State Register of Legal Entities;
7. copy of pages 1 and 2 of the passport of the head of the legal entity
8. TIN number of the head of the legal entity.

II. provide data:

1. Name of company;
2. The composition of the founders of the organization;
3. Choice of legal address of the organization;
4. Definition of the head of the organization;
5. Choice of system of taxation of the organization;
6. Definition of activities of the organization.

The client can provide this information both by e-mail [email protected] and in our office.

2. Preparation of documents.

We will help you prepare the Charter, an application for registration of an NPO, a decision (minutes) on the establishment of an NPO, and, if necessary, an application for the transition to a simplified taxation system. Preparation of all documentation is carried out within 1-2 days.

How to open a charitable foundation in Russia step by step

Signing documents at the notary.

A notary certifies the signature on the application for registration of an NPO and draws up a power of attorney for the specialists of our company to submit and receive documents to the tax office. Documents are certified by a notary by one of the founders of the NPO, who, by decision of the general meeting of founders, is authorized to act as an applicant.

4. Submission of documents for registration.

Our specialists pay the state fee for registration of NGOs and submit documents for registration to the Ministry of Justice. Documents are submitted the next day after the date of signing the documents at the notary. Registration of documents in the Ministry of Justice is carried out within 14 working days, after which the documents are transferred to the St. Petersburg Federal Tax Service for the NPO to be entered in the register of legal entities, which takes another 5-10 working days. Then the documents are returned for issuance from the Department of the Federal Tax Service to the Ministry of Justice.

5. Obtaining documentation, making a seal, transferring documents to the client.

The Ministry of Justice carries out the issuance of the following documents on the registration of NPOs: registration certificate, TIN certificate, extract from the Unified State Register of Legal Entities, Charter. Then our specialists receive statistical codes and codes of notification of registration in the FSS and PF, after which they transfer the full set of documents to the client.

The result of our work

1. Certificate of registration of the organization (on assignment of the Main State Registration Number - OGRN);
2. Certificate of registration with the tax authority at the location of the organization (TIN);
3. Charter of the NPO with the seal of the registration authority;
4. Notification of the assignment of state statistics codes;
5. Extract from the Unified State Register of Legal Entities;
6. Sheet of record of state registration of NCOs;
7. Notices of registration in non-budgetary funds (social insurance fund; pension insurance fund);
8. Decision (Protocol) on the establishment of the organization;
9. Order on assuming the position of the general director of the organization and on the appointment of the chief accountant of the organization (or on assigning the responsibility to keep accounting records to the general director);
10. Seal of the organization;

See also:
Statistics of our work with NGOs

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How to open a charitable foundation in Russia and make it successful

Sometimes in the modern world such events occur when a person loses faith in all that is good. When you don’t know where to expect help from and whether it’s worth waiting for at all. Sometimes hopelessness and despair make us doubt humanity and kindness. Unfortunately, many in our world have experienced this for themselves. For some reason, at such moments it seems that no one is able to help, and everyone is indifferent to your grief or the problem that you had to face.

But it is not in vain that the saying “the world is not without good people” exists. This statement appeared a long time ago and it is based on life realities. People are ready to help each other absolutely free of charge, and they have always done it. Today, the modern benefits of humanity and scientific technology allow each person to contribute to the development and organization of such funds that can help desperate people and give hope for life.

Charitable foundations are organizations that raise funds to provide material assistance to people in need. These are not government organizations, but funds created by caring people. They exist at the expense of donations and voluntary contributions of the population.

What you need to register a charitable foundation

In order to register a charitable organization, you need to contact the state registrars, who are usually located in the local administration.

Opening a charitable foundation in Russia

You can register a fund only at the address where it is located, so you should think about the legal address in advance.

A package of documents is submitted to the state registrar for registration of the BF. Documentation can be submitted in person or sent by mail with a detailed description of the contents.

Regardless of how the documents are submitted, the period for their consideration is three days.

What documents are needed to register a BF

Still, the question “How to open a charitable foundation?” is quite serious and troublesome. The main document for registration of the BF is the charter. Its compilation is the most responsible work, because errors in the charter entail a refusal to register the foundation.

According to the rules of the current legislation, the charter must contain the following components:

1. Fund name. It must be unique. There cannot be two charitable organizations with the same name.
2. Purpose of creation.
3. Fund management staff. Their duties, powers, etc.
4. Rules for the election and appointment of heads of the governing body.
5. Source of income.
6. Reporting and monitoring of the activities of the BF.

If all the nuances are indicated in the charter, then the BF can be opened. For the competent preparation of this document, you can seek the help of specialists.

In addition to the charter of the foundation, the following additional documents will be required for its registration:

• minutes of the meeting of directors on the organization of the fund;
• a registration card of a certain sample, filled out according to the requirements;
• paid receipt for registration;
• photocopies of the passports of the organizers of the BF.

If the organizers of the fund are foreigners, then you need to attach an appropriate document confirming the registration of a foreign company in the country of residence. This document must be translated into the state language and certified by a notary.

See also: How to open a fitness club from scratch

The activity of the fund itself also requires investments and monthly financing. For example, stationery, utility bills, employees' salaries - everything is paid from the funds raised. The legality of these actions is confirmed, and the rules for the distribution of funds state that 20% of the collection can be used for the necessary functioning of the fund.

The CF can only use funds for the projects for which the fund was created, as well as for its own expenses. All responsibility for the use and transfer of funds lies with the founder of the organization, that is, the director. Every four months, reports are made for the tax service on funds, their transfers and distributions, which are signed by the head of the fund.

For the normal functioning of a charitable organization, good advertising and a lot of promotion are required. Unfortunately, many people are reluctant to share their wealth, and it's no wonder why. Few people today trust strangers, even if they guarantee honesty on their part. There are enough scammers who, under the guise of charity, can cash in on a disinterested desire to help. Therefore, organizing a charitable foundation, you need to take care of high-profile advertising. Inviting people with a well-known name to cooperate can increase the level of trust from people. Huge work on the Internet, in the media, on television should be carried out regularly, and reports on material transfers should also be covered in the most detailed way. Positive feedback from people who have been assisted by the BF will be the key to success and help to gain a good reputation.

Do not forget that charity is based on trust and humanity, therefore, when opening a charitable foundation, one should be guided, first of all, by decency and openness.

Fund: concept, types. Creation and management of the fund.

The Fund is classified as a non-profit organization that is not a corporation, i.e.

does not have a membership. Foundations are created to provide material support for socio-cultural, charitable, educational and other socially useful activities, and therefore their participation in civil circulation has a strictly targeted character, subordinated to the main goals of a particular foundation.

The Fund is recognized as an organization without membership, created on the basis of voluntary property contributions of the founders for socio-cultural, charitable, educational and other socially useful (non-commercial) purposes.

The legal status of legal entities, referred to in the legislation as funds, is distinguished by great originality. Charitable foundations and public foundations should be recognized as classical varieties of a foundation as an organizational and legal form of a non-profit organization.

Like a public association, the foundation pursues exclusively socially useful goals in its activities. Therefore, he is obliged by law to the public conduct of his property affairs. The Fund has the right to carry out entrepreneurial activities only in the forms permitted to public associations.

The Foundation is created by the decision of its founders, which may be individuals and legal entities (commercial and non-commercial organizations), as well as public legal entities, unless otherwise prohibited by law.

The founders of the foundation are not required to participate in its activities and, as a rule, do not do so. However, the most important duty of the founders is the transfer of a property contribution to the authorized capital of the fund, although the law does not establish requirements for the minimum amount of such a contribution or the minimum amount of the fund's authorized capital. Therefore, persons who only organize its activities, but have not contributed to the property of the fund, cannot act as founders of the fund. Unfortunately, during the creation of the first Russian charitable foundations, such persons often became leaders or held other responsible positions in the foundations, gaining the opportunity to uncontrollably dispose of the property received from philanthropists.

The only constituent document of the fund is the charter approved by its founders. In addition to information common to all legal entities, the charter of the foundation must contain data on the goals of its activities, on the bodies of the foundation, their competence, on the procedure for appointing and dismissing officials of the foundation (for example, with the consent or approval of the board of trustees), on the fate of the foundation's property in the event of its liquidation.

The sources of formation of the property of the fund are, first of all, voluntary contributions of its founders, donations of other persons, etc.

The founders have the right and must control compliance with the targeted nature of the use of the fund's property. For this purpose, a trustee is created in the fund from among its founders or their representatives, as well as other authoritative persons. The fund also forms collegial (board, council, etc.) and sole (president, chairman, etc.) executive (volitional) bodies, usually appointed or approved by the founders or the board of trustees.

How to create a charitable foundation: instructions and tips

If there is an interest of the head or other official of the fund in making a transaction on behalf of the fund, such a transaction is subject to prior approval of the board of trustees under pain of declaring it invalid.

Foundations may be reorganized on the basis of the decision of their founders and (or) the board of trustees appointed by them in accordance with the general rules of civil law. However, they cannot be transformed into other types of legal entities. The law provides for a special procedure for the liquidation of funds.

Autonomous non-profit organization: concept, creation and management of an autonomous non-profit organization.

Autonomous non-profit organization - a non-profit organization without membership, established by citizens and / or legal entities on the basis of voluntary property contributions for the purpose of providing services in the field of education, healthcare, culture, science, law, physical culture and sports and other services.

The founders of an autonomous non-profit organization may be both individuals and legal entities making contributions to its property. The creation of an autonomous non-profit organization by the sole founder is not ruled out. The constituent document of this organization is the charter, and if there are several founders, it is also possible to conclude a constituent agreement between them, which in this case acts as a second constituent agreement.

In an autonomous non-profit organization, a supreme collegiate (will-forming) body is created, which has exclusive competence. It includes both the founders (their representatives) and employees of this organization, who, however, cannot make up more than one third of the total number of members of this body. Issues not included in the competence of the supreme body are resolved by the sole executive body.

An autonomous non-profit organization is reorganized and liquidated in accordance with the general rules of civil law. By decision of its supreme body, it may be transformed into a public or religious organization (association) or into a foundation, but not into a commercial organization. The rest of the property of the liquidated organization is used in accordance with the instructions of its charter or in the manner provided for in paragraph 1 of Art. 20 of the Law on non-profit organizations. The law does not exclude the possibility of declaring an autonomous non-profit organization insolvent (bankrupt).

Institution: concept, creation and management.

Institutions are the only type of non-profit organizations that do not own their property.

An institution is recognized as an organization without membership, created and financed by the owner as a subject of limited property rights under his additional responsibility for the implementation of managerial, socio-cultural and other non-commercial functions.

The institutions include bodies of state and municipal power and administration, as well as organizations of education, enlightenment and science, health care, culture and sports, etc.

An institution is created by decision of the owner or a body authorized by him, as well as several owners. As a rule, its constituent document is the charter or regulation, which is approved by the founders. An institution can act on the basis of a general (standard or exemplary) regulation on institutions of this type, for example, a model regulation on a university, an exemplary regulation on an institution of justice for registering rights to real estate.

Typically, an institution is financed by the owner according to an estimate that strictly fixes the directions of spending and the amount of amounts allocated to it by the owner. Therefore, the rights of an institution to the property of the owner assigned to it are limited and are determined directly by law (Article 296 of the Civil Code), and alienation or other disposal of this property without the consent of the owner is impossible.

In principle, an institution cannot become the owner of its property, since this would contradict the essence of this legal structure. A different approach, enshrined in the norms of paragraph 7 of Art. 39 of the Law on Education, paragraph 2 of Art. 27 of the Law on Higher and Postgraduate Vocational Education, unreasonably expands the scope of participation of institutions in the turnover and at the same time narrows the conditions of responsibility of their founders, directly turning institutions into the likeness of enterprises.

The founder-owner appoints the head of the institution as its sole executive body. In some types of institutions, collegial executive bodies (scientists and similar councils) may be created. Thus, in accordance with the constituent documents, a collegial body may be created in a public institution, elected by participants who are not the founders of this institution and consumers of its services.

An institution may be reorganized, including transformed into an autonomous non-profit organization or into a foundation, as well as into a business entity. For state and municipal institutions, transformation into a business company is allowed only in the manner prescribed by the legislation on privatization. The liquidation of an institution is carried out according to the general rules of civil law, and the rest of the property always becomes the property of the founder.

What is a "charitable foundation"

The Civil Code of the Russian Federation defines it as a unitary non-profit organization that:

• does not have a membership;
• established by citizens or legal entities on the basis of voluntary property contributions;
• pursues charitable, cultural, educational or other social, socially useful goals.

The main constituent document is the charter, which must contain the following information:

• about the name;
• about its location;
• about the subject and goals of the activity;
• about the bodies of the foundation, including the supreme collegiate body and the board of trustees that oversees the activities;
• on the procedure for the appointment of officials and their release from the performance of duties;
• on the fate of the property in the event of liquidation.

You can download a sample charter of a charitable foundation with one founder for free at the end of the article.

A charitable organization has a number of features established by federal law No. 135-FZ of August 11, 1995. In particular, the main goals of its activities are a fairly narrow range of socially useful activities, which are listed in Art. 2 135-FZ. Among them:

• social support and protection of citizens, including the improvement of the financial situation of the poor, social rehabilitation;
• assistance to victims of natural disasters, environmental, industrial or other disasters, social, national, religious conflicts;
• victims of repression, refugees and internally displaced persons.

The property transferred during the establishment is its property, the founders do not have property rights in relation to the organization they created, they are not liable for its obligations, just as the organization itself is not liable for the obligations of its founders.

Title Requirements

The name of the charitable organization can be anything. There is only one requirement - the presence of the word "fund". The name can indicate the main charitable purpose. For example, “Give Life” Charitable Foundation for Helping Children with Oncohematological and Other Serious Diseases. You can indicate in the name the name of the person who is the face of the fund. For example, Valery Gergiev. You can give a name that covers a fairly wide range of possible programs: "Foundation" Center for Social Programs ". Or, on the contrary, in the title clearly define the purpose of the activity: “Flight 9268”.

When using in the name the name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property, as well as the full name of another legal entity as part of its own name during state registration, it is necessary to provide documents confirming the right to such use along with the constituent documents.

Who rules

For management are created:

• the highest collegial body, whose powers are defined in paragraph 1 of Art. 123.19 of the Civil Code of the Russian Federation;
• the sole executive body, and a collegial executive body (board) may also be created;
• Board of Trustees, in accordance with

  4 tbsp. 123.19 of the Civil Code of the Russian Federation is created on a mandatory basis and supervises the activities of the organization itself and its other bodies and acts on a voluntary basis.

How to register

Registration is carried out in the manner prescribed by Ch. III of the Federal Law of 08.08.2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”, taking into account the features specified in Art. 13.1 of the Law "On non-profit organizations".

Documents for registration are submitted to the Federal Tax Service of Russia no later than three months from the date of the decision to create, while, together with the application for registration, other documents specified in paragraph 5 of Art. 13.1 of the Law "On non-profit organizations", in particular the charter, the decision to create and approve the charter, indicating the composition of the elected (appointed) bodies in two copies; information about the founders in two copies and other documents.

Sample charter of a charitable foundation 2018 of the year

It must be understood that the more attentively the founders treat the development of the charter, the more fully it describes the planned activities, the easier it will be to work later and the easier it will be to pass the stage of state registration.

Is a memorandum of association required?

It is important to note that there is no sample foundation agreement for a charitable foundation. Such a document is not drawn up, since the founders do not have property rights and obligations, and the procedure for allocating property is determined by the founders at the constituent assembly, recorded in the minutes and the charter.

Unfortunately, in our country, only a few companies are ready to send part of their income to charity. Therefore, private donations remain the main source of funding for such organizations. For example, foundations may organize fundraising at the university or through charity fairs and concerts. In addition, you can use such a phenomenon as crowdfunding - this is the collection of funds on the principle of "from the world on a string". So, for a specific project, a description, a video is created and the possible donation amounts and possible rewards for them are determined - this can be a written gratitude to the organization, its symbols or other small tangible and intangible values. Costs for organizing this type of business The main expense item when opening a fund is the rent or purchase of premises.

How to create a charitable foundation on your own?

Charity is a good thing.

How to create a charitable foundation from scratch and make it successful in Russia

Helping people in need is a commendable endeavor. Our world is not without kind people, and such spiritual impulses unite many: both ordinary people with a small income, and seasoned business sharks.

Attention

Therefore, many who want to help seek to create their own charitable fund to raise money for a variety of needs of people who really need it. How to create a charitable foundation, and what subtleties should be known when registering it? More on this later.

What is a charitable foundation First of all, many people are sure that a charitable foundation and philanthropy are equivalent concepts. This is wrong. First of all, the purpose of this fund is to help people in need.

Charity in Russia: how to create an aid fund

Constituent documents Having decided on the office, the charity fund completes the constituent package of documents: - Form PH0001 - Application for registration of the charity fund; — a documentary decision on the creation of the fund and approval of constituent documents; – Charter and other documents necessary for the decision – in 3 copies; - payment of state duty (4 thousand rubles); — availability of legal and actual addresses of the fund; - a letter of guarantee from the landlord, or a certificate of ownership. Document flow There is the following practice: after the transfer of the package of constituent documents, two weeks later the ministry makes a decision on the state registration of such a fund, and two weeks later, we receive certified documents (certificate of state registration, registration judicial certificate, extract from the Unified State Register of Legal Entities, charter of a charitable foundation certified by the Ministry of Justice).

How to create a charitable foundation: registering a foundation

• Problems with local government. Investments from the fund should be made under the supervision of the authorities, as they lead to infrastructural changes. But the opinion of the responsible authorities does not always coincide with the decision of the fund's management.
• Lack of staff.

Despite all the difficulties, it is possible to open a charitable foundation. You just have to put in the effort. For a non-profit organization such as a charitable foundation, also watch the following video: The price of the question: how much money do you need to start your charitable foundation? The calculation of the cost of registration and the initial stage of the activities of a charitable foundation is quite problematic, because it does not have standardized indicators.

How to open and register a charitable foundation

In case of a positive outcome, the organization within 14-15 working days receives a document confirming the state registration of the fund. In addition, along with this document, she receives an extract from the Unified State Register of Legal Entities and a certified charter.

Both a legal entity and an individual can open a fund. In any case, after obtaining state registration, it is necessary to deal with the issues of registration with the tax service, the compulsory insurance fund, the federal statistics service, etc.

To carry out such actions, it is best to contact a specialized law firm. Premises and staff The Foundation may either have its own premises or rent them.

However, depending on whether it is operational or not, additional premises will be required.

How to create a charitable foundation from scratch and make it successful in Russia

• Such organizations can perform those actions that are aimed at achieving the goals of their creation or the goals provided for by the relevant federal law.
• They can carry out entrepreneurial activities only within the framework of achieving their goals.
• A charitable organization may raise resources and conduct non-operating transactions.
• In addition, they can establish business companies: in this case, other persons who are not related to the fund cannot be members of the participants.
• Finally, such an organization cannot use its funds for third-party purposes, among which is the support of campaigns, as well as political parties or movements.

The Fund can open branches - both on the territory of the Russian Federation and on the territory of foreign states (according to the laws that are in force on their territory).

How to create a charitable foundation from scratch for an individual

Important It states:

• full and abbreviated name, which should reflect the direction of activity;
• legal address and the possibility of creating branches and representative offices;
• goals of the activity;
• governing bodies;
• sources of funds;
• the procedure for the distribution of property in the event of liquidation.

When determining the goals of the organization's activities, it is necessary to be especially careful, since the Ministry of Justice does not allow the use of vague wording. But if you limit yourself to a narrow formulation, for example, “helping children with disabilities,” then providing support to a healthy child from a prosperous family will be illegal on formal grounds, that is, there will be misuse of funds.

Charity: where to start?

There is a lot of talk and writing about charity.

The desire to help others is a good deed. To some, it is, unfortunately, alien. But there are those who are ready to act to make the world around them better, happier, more joyful.

If you are thinking about philanthropy and are planning how to start a charitable foundation from scratch, there are many things you need to worry about.

Your actions should not go against the law, which has developed a number of rules for people who wish not only to help others, but also to do everything so that this help takes on a scale, helps others to join good undertakings.

Opening of a charitable foundation

At the very beginning of the journey, you must decide on your goals and answer the questions:

• who will be assisted by the created fund;
• how the organization will operate;
• what the name of the fund will be (preferably the name of the planned activity);
• what team will work in the fund (number, personal qualities, etc.);
• what should be present in a new enterprise, etc.

A modern charity should have not only a charter, but also its own website. Before you start the discovery process, you must find people with similar goals to yours who are willing to give time and money to charity.

Remember, there is no warrior alone in the field.

You must have solid ground under your feet, as the conceived business requires strength and support.

Initially, your investments will be needed, both material, and physical, and temporary.

Keep in mind that government agencies scrutinize charitable foundations even more closely than regular businesses. This is due to the fact that previous experience has shown the desire of some businessmen, hiding behind charity, to get an additional powerful source of income.

Opening a charitable foundation requires careful preliminary preparation. As soon as it is implemented, it is advisable to immediately begin implementing projects.

This will show the inspection services your intention to act within the law.

How is registration carried out

The first thing to do before starting official registration is to select the type of activity of the fund by codes.

Opening charitable foundations is not a complicated process. The state considers such organizations as services providing social services to the population.

Your path to the goal will not be more difficult than that of entrepreneurs registering.

You need to prepare the following documents:

• statement. You will be given a special form PH0001. You need to fill out two copies. One of them must be certified by a notary;
• information about the founders (two copies);
• charter (three copies);
• protocol on the creation and approval of constituent documents (three copies)4
• a receipt stating that you have paid the state fee;
• data on the addresses of the enterprise (actual and legal);
• ownership of the quadrature where the foundation will operate.

After submitting all of the above documents, please be patient. Your question will be resolved in the ministry within two weeks.

After their expiration, you will be informed about the positive or negative response of the ministry. If the company is registered, you will receive a registration certificate, a certified charter and an extract from.

From now on, you can expand your activity.

The fate of the fund is decided within fourteen days. If all documents are provided in the correct format, you will be answered positively.

The fund is open. What's next?

Your fund is open and now you have important tasks ahead of you. It is not enough to get registered. It is important that the initial collection activities receive a quality follow-up.

It should be remembered that reputation is of great importance for any charitable foundation. Using funds for other purposes, you risk losing it and losing face not only as a citizen, but also as a businessman. They will not want to cooperate with you. Good intentions must have a good continuation.

After the implementation of the main registration, the fund must be registered with other state structures.

This is the tax office, and the statistical service, and honey. and social insurance.

If you do not have time to complete the registration process, you can contact one of the companies providing such services.

Along with registration, start the implementation of the project. As mentioned above, you must be prepared for this.

Also, be prepared for the fact that most businesses in our country are not particularly happy to donate their funds to help anyone.

You will have to face problems. As a rule, charitable foundations cooperate with a small number of firms; assistance is mainly provided by private individuals.

The concept of "help" includes not only material investments, but also physical ones. Most enterprises of your format have volunteers.

Organizers of charitable foundations should be prepared for the fact that charity is not particularly popular in our country.

Move things off the ground

Difficulties in charity

The fact that we do not favor charity is not at all a cause for concern. If your intentions are sincere and you really want to make the world a better place, go for it.

You can act as a businessman and marketer. If there is no need for the population to do good, create it. An ancient proverb says: "Knock and it will be opened to you." This is true.

You are not begging, you are changing the world. It is in your power to create a movement that will stimulate the desire to do good deeds in others.

Any help is welcome. If people are ready to give things or products, this is already a break from the dead center.

For the organizers of the charitable foundation, it is important not to forget to thank those who responded to the call in any possible way. This is not for vanity, but for a good example.

And in Europe and America, the fashion for charity did not come immediately. Nobody interferes and our citizens will join the general movement. That is the purpose of any charitable foundation.

It should do a double good: on the one hand, help people cope with illness and poverty, on the other hand, help citizens learn to empathize, put themselves in the shoes of those who need participation and give this participation in any manifestations.

If you decide to open a charitable foundation, it is in your power to make the world a better place.

Write your question in the form below

Discussion: 3 comments

You look on TV - some charitable foundations. And they are opened entirely by creative people - actresses and singers. And for some reason I don’t believe in their “charity” and am skeptical. I agree that it's not right.

Answer

It's not so bad to create a fund - for this, personally, I would turn to a specialist who is competent in this matter. But how to properly manage it? This is a big question. Therefore, first of all, it is necessary to really understand what to do and how.

Answer

It seems to me that philanthropy is no longer as widely developed as it used to be. Now everyone is happy to help those in need on their own, and not give money to the fund. Obviously, this is due to a lack of confidence that the money will go exactly where it was sent.

Answer

How to open a charitable foundation and help those in need. Creating a charitable foundation is not only a business that makes a profit, but also, most importantly, a significant help to those who need it.

For some reason, there is an opinion that a successful businessman is a person who knows no pity, firm, tough, uncompromising. In part, all this is true, but, nevertheless, among those who stand at the pinnacle of success, there are many such people who show completely opposite qualities of character, leaving business acumen for business, and in life, being the kindest people.

As a rule, such traits find their manifestation in various kinds of assistance to those who, for some reason, find themselves in difficult life situations. One of the ways to express such assistance is the creation of a charitable foundation.

How to create a charitable foundation

But here it is worth noting that a charitable foundation is not patronage, in which a rich "uncle" distributes money to those who need it.

A charitable foundation is a set of processes aimed at providing social and other assistance. The main idea that needs to be learned when opening a fund is the definition prescribed by the letter of the law that the fund does not have the right to extract any profit from its work and distribute it among the founders or founders. And there are even criminal penalties for violating this law.

Before opening a fund: step one

Before asking how to open a charitable foundation, you need to decide on an understanding of why exactly it is being created, what it will specifically do, what category of citizens it will provide assistance. After all, helping everyone at once is simply unrealistic, and “spreading” one’s activities: today to help the homeless, tomorrow to orphans, the day after tomorrow to raise money for the treatment of patients with leukemia, means dooming oneself (or accountants) to compiling long and rather tedious reports on the expenditure of funds .

A few words need to be said right away for those who think that opening a charitable foundation is an easy way to acquire "free" funds that you can spend at your discretion. The activities of such funds are strictly controlled by the state, and fraud with allocated money is a direct path to “self-liquidation” of oneself as a businessman, loss of reputation, and condemnation as a person. And you can see how to restore a “tarnished” reputation, and even organize your own business on this.

Before opening a fund: step two

This stage includes purely practical actions:

1. Choosing a name that should correspond to the activities of the foundation.
2. Development and execution of the charter.
3. Search for qualified employees.
4. Development and creation of an Internet resource, and the definition of a marketing component (after all, in order for money to come, you need to know about it).
5. Search for philanthropists (it is simply unreasonable to start the work of the foundation without first enlisting the support of several donors, patrons, and other donors). And finally, the search for volunteers - voluntary assistants to your foundation.

A little tip: after the registration of the fund is completed, it is better to start work on the implementation of projects immediately. Thus, the controlling structures will be given to understand that this fund is really helping people, and not just another screen for money laundering.

Myth 1

Citizens have developed a stable stereotype that those who work in a charitable foundation cannot have expensive things and “big” money. And the salary level should be “symbolic”, or employees work for free.

In this case, you need to understand that the source of well-being can be not only work. This may be the help of wealthy relatives, a second job, personal savings, and the like. Therefore, to judge the employees of charitable foundations by their external wealth is a very reckless exercise.

Charitable foundation registration process

Registering a charitable foundation is no more difficult than opening an individual entrepreneur. Charitable foundations are defined as a type of non-profit organization whose specialization is the provision of social services. Before submitting documents for registration, you need to correctly determine the activity according to OKVED codes.

Documents required for registration, This:

• Application for registration of a charitable foundation (by special form PH0001) - in two copies, one of which must be notarized without fail.
• The recorded decision on the creation and approval of the constituent documents, and the constituent documents of the fund (its charter) - in three copies, as well as data on its founders - in two copies.
• Receipt of payment of the state fee (currently it is four thousand rubles).
• Data on legal and actual addresses.
• A document confirming the ownership of the premises in which the activity will be carried out.

After submitting the documents, the Ministry makes a decision on registration or refusal to register a charitable foundation, and if the response is positive, in fourteen working days you will be handed a document confirming the state registration of the foundation, a registration certificate from the Ministry of Justice, an extract from the Unified State Register of Legal Entities, and a certified charter of the foundation.

The persons establishing a charitable foundation can be both individuals - ordinary citizens, and legal entities - any organization. After registration, you need to start registering it with various government agencies: the tax inspection service, the compulsory medical and social insurance funds, and the federal statistics service. If for some reason you cannot personally deal with registration issues, then now there are a lot of companies on the service market that deal with such problems.

Where do charities get their money from?

Reference information: donation of funds to various charitable projects in our country is about the same as in one of the poorest countries in the world - Zimbabwe. Unfortunately, this is true - most Russian companies are in no hurry to share anything with those who need it. Therefore, the bulk of philanthropists are private individuals and some firms.

Moreover, the format of assistance to funds can be expressed not only in monetary terms. This can be financial assistance, or personal participation in the work - volunteering.

Where are funds spent?

To begin with, it should be noted that the legislation determines the percentage of incoming funds that a charitable foundation can use for its own needs. This is twenty percent, of which the fund can pay wages to its employees, spend them on, for example, current repairs, or pay for attracted specialists, etc. Eighty percent of the funds should go to what it was created for.

Myth 2

The next stereotype associated with charitable foundations is that they are created to launder money, steal public funds, and so on. As for the first statement, I will not dispute its wrongness, because there are indeed plenty of fraudulent funds, no matter how closely this is controlled by the relevant services. Here I see one way out: to carefully study the activities of the foundation before making a donation. But on the second - I can safely say that literally "crumbs" fall from the state to charitable foundations.