How to start a fundraising fund. We create a charitable foundation from scratch: how to draw up documents and register

Charity is the voluntary provision of assistance to those in need. To provide assistance, special premises are created where those in need can receive material assistance. The charitable foundation is engaged in the transfer of funds to various structures. It can be hospitals, orphanages and schools. Such funds are strictly regulated by government authorities and also represent their support.

Many need charitable assistance, some structures cannot cope on their own, charitable organizations are always supported by the authorities and society. There is an opinion that only rich, wealthy people are engaged in charity, so they attract attention and improve their image. This is not entirely true, they are engaged in charity and simple people. On the territory of the Russian Federation there are many charitable organizations created by ordinary people who are not alien to the fate of the poor and terminally ill. Usually such organizations collect funds from other people who care about the fate of such people.

Why do charity work?

As already mentioned, the impulse that makes people help and not be indifferent to others is altruism. The pleasure of giving is much greater than that of receiving. Good deeds do not disappear anywhere, they will always paint a person, confirming his holy nature.

For some, this is a way to calm the soul and an act committed in the past. The conscience of a person is not so easy to understand, usually in order to clear it, you need to do something good to the extent that it was completely bad, only then the soul will find peace.

In the news, we are often told how famous people give a large amount of money to a charitable organization. It would be wrong to evaluate this as a conscientious act. For media personalities good way raise their popularity, improve their prestige among ordinary people and also show their usefulness.

No matter what goals these people pursue, but the creation of an organization to help will always be a kind and important act.

A person who does charity gets a lot of pleasure from the fact that his actions make him important for the world, so he feels useful for the world and for people.

What is required to open a charitable organization?

First of all, it is necessary to decide what the fund will be. It is necessary to find the goal to which the fund will strive, and what kind of assistance it will provide. Each fund has its own purpose. Helping everyone in a row will not lead to anything, everyone needs money. If you are not sure about the goals of your fund, it will simply be torn apart by many other organizations or the money will go in the wrong direction.

The goal of opening an organization for help is not always well-intentioned. Fraudsters often use various legal frauds associated with the fund, this is due to its simplicity and vulnerability to them. But now this problem is not as significant as before. Charitable foundations are now strictly controlled by the state. Destruction, loss of reputation and prison are only half of what can happen to a person who has tried to use a charitable foundation as a circulation of illegal funds and other illegal activities.
Stages of opening a charitable foundation

The name of your charitable organization, which will be suitable for its activities;

• Registration of the charter;
• Finding the right people;
• Creation of a website on the Internet with a full description of the activities of the fund;
• Search for benefactors and volunteers.

After creating the fund, do not waste time and immediately begin activities. This will make it clear to the structures that control charitable foundations that your foundation is valid. This will remove suspicion from you.

Legal Basics

The law of the Russian Federation says: any activity related to charity is controlled by the authorities, and also represents its support, distribution and its development.

Documents that officially establish the existence of a charitable foundation:

• Certificate of the Ministry of Justice of the Russian Federation. The document confirms the fund as an official commercial organization;
• Certificate of the Federal Tax Service. The document confirms the registration of a legal entity representing the fund;
• Certificate of registration with the tax authority on the territory of the Russian Federation;
• Appointment order. The document confirms the entry into office.

Business planning for a charitable foundation

Registration costs can vary, so let's take an average as an example:

• Let's start with registration. A charitable foundation is a non-profit and non-profit organization, so the registration structure will be very different from other organizations. The property of the organization is registered, for this papers are needed that evaluate the property, and also confirm their presence. Further, papers are prepared that establish the rights of the fund and its obligations. IN total registration price will cost you 300-400 dollars;
• Opening a bank account for a charitable foundation. It will cost you $80;
• You will also need the services of a notary. Price less than $30;
• You will need legal advice, it will cost from $50;
• After all, all that remains is the payment of various duties, fees, which is somewhere around $ 100 or less.

Preparation of documents when opening a fund

For the institution there is a list of required documents:

• An application signed by an authorized person in the form No. РН0001 is required;
• Constituent documents of a non-profit organization are drawn up;
• Decision to create in multiple copies;
• Document establishing the address of the organization;
• Extract from the register of foreign legal entities.

Registration with the tax office

On the official website, you can register the fund with the tax service. The site interface is clear, and registration is not difficult. On the site you can also find all Required documents.

After all the necessary documents have been collected and submitted, in a few days you will be informed of the consent or refusal. After that, you will be handed an official document confirming the state registration of the charitable organization.

Turnover of funds

Unfortunately, in our country, charity is treated differently than in European countries. It is impossible to say exactly what this is connected with, but most likely the whole thing is in the mentality and conservatism of people. By by and large global problems do not excite our businessmen as much, and the benefits for them are not the same as for foreign colleagues.

Despite such a not very cheerful picture, everything is still not as bad as it might seem. In Russia, there are a couple of dozen large funds registered, although not so long ago, but their spent funds saved more than one hundred seriously ill people.

Foundation "Art, Science and Sport" registered in 2005 by Alisher Usmanov. It primarily specializes in helping sick children, but also supports various sports organizations and cultural institutions. According to some reports, the fund spends more than 13 billion rubles every year.

There will be a couple of dozen such funds. All of them are relatively young and provide assistance to different segments of the population. From the treatment of cancer patients to the support of talented young people.

In contact with

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 “spraying” your 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 yourself (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 how to restore a “tarnished” reputation, and even organize own business on this, you can see.

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 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 issue wages to their employees, spend them on, for example, current repairs, or payment of 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.

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 period

(service cost)

(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.

The notary certifies the signature on the application for registration of the 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 into 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 to the client full set documents.

The result of our work

1. Certificate of registration of the organization (on the assignment of the Basic 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. Notice of entry into office CEO organization and on the appointment of the chief accountant of the organization (or on the assignment of duties 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 modern world events occur when a person loses faith in all good things. 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 fund.

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 foundation was created, as well as for 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. Attracting people from famous name for cooperation 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 reviews people who were 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 for the material support of 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 classic 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 to transfer the 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 authorized capital fund. 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 managers 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 has collegiate (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 based on the decision of their founders and (or) the board of trustees appointed by them on general rules 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 consists of both the founders (their representatives) and wage-earners this organization, which, however, may not constitute more than one third of the total number of members of this body. Issues not included in the competence supreme body are decided 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 (model or exemplary) regulation on institutions of this type, for example, a model regulation on a university, an approximate 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 semblance 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;
• providing 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 federal law dated 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 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 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 lease 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 not true. 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, in two weeks the ministry makes a decision on 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.

A fund can be opened by both legal and individual. 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 can both have its own own premises and rent it.

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 healthy child from a prosperous family will be illegal on formal grounds, that is, there will be misuse of funds.

It is known that in any more or less developed society they are distributed according to the principle of priority. However, it often happens that some important processes from a social point of view do not receive adequate funding. Fortunately, today anyone can contribute to the development of medicine, sports or culture. This became possible thanks to the existence of special charitable foundations. What is it?

Charitable foundations are special non-profit organizations that accumulate cash for the purpose of their further targeted distribution among those in need. From a social point of view, such movements are simply necessary. After all, the state cannot always ensure the normal functioning of individual mechanisms that are important for public life on its own.

Anyone can become a patron of a charitable foundation. In practice, this means that absolutely anyone can voluntarily donate money by sponsoring a particular area. social life(for example, medicine, science or art) or even a specific group of poor citizens. And not only the society itself, but also special state structures will closely monitor that all the transferred finances reach their addressees.

Help Fund as a way of charity

For most major countries such a problem as insufficient budget flexibility remains very relevant to this day. Due to the impossibility of a prompt response of those in power to current events, many important aspects of social life in such states remain without proper funding. Unfortunately, it is no exception in this sense and the Russian Federation. That is why the activities of charitable foundations in our country are so in demand.

Independently creating the relevant organizations, caring people take on the responsibility of supporting state culture, science and sports. They also promptly provide social protection certain categories of needy citizens. Hundreds of millions of dollars annually pass through the hands of Russian philanthropists, which are then distributed by them to the most pressing needs of society.

Today, the following Russian funds have received the greatest fame, thanks to their activities:

1. Vladimir Potanin Foundation (financial support for students);
2. Fund "Volnoe delo" (program "Temples of Russia" and other well-known projects related to the most various areas social life);
3. Fund "Dynasty" (financing educational programs and science in general)
4. Victoria Foundation (support for orphans);
5. Link of Times Foundation (preservation of Russian cultural heritage).

From a legal point of view

Relief Foundation - non-profit organization

From the point of view of legislators, a charitable foundation can be considered any non-profit (that is, founded without the purpose of making a profit) structure specializing in the provision of a particular type of social service.

According to Article 118 of the Civil Code of the Russian Federation, any legal entity or individual can open such an organization. By the way, in the latter case, the benefactor does not even have to be a citizen of the country.

It is curious that, according to the same Russian legislation, the described funds can also engage in entrepreneurial activities. Moreover, to do this both on its own behalf and through a specially founded for this Joint-Stock Company, or - . There are only a few restrictions on this:

1. at least 80% of all profits received by such entrepreneurs should be redistributed to finance charity;
2. the scope of the foundation's business activities (as well as the specifics of the charitable services provided by it) must be clearly indicated in all documentation of the organization using OKVED codes;
3. Entrepreneurial activities of a charitable foundation should not go beyond the charter of the organization (Article 49 of the Civil Code of the Russian Federation).

How to open a charitable foundation?

Anyone can create a fund to help

As is clear from all of the above, purely theoretically, anyone can establish their own charitable foundation. In practice, however, certain conditions must be met for this to happen. More specifically, it is about securing funding for the fund.

In other words, before opening such an organization, a philanthropist must make sure that the social services he is going to provide will arouse the interest of prospective patrons. That is why the founders of foundations are usually people who already have some experience in philanthropic activities.

As soon as the philanthropist decides on the front of the upcoming work, he can begin to draw up a business plan for his organization. Not only a clear idea regarding the targeting of the fund's services is important here. The list of prospective patrons is also important. This moment can become critical, because without generous donations, a young organization simply cannot even provide for its own economic activities, because 80% of its income will be accumulated for charitable purposes.

One way or another, as soon as the business plan is ready, the founder of the fund will be able to register his offspring with the Ministry of Justice of the Russian Federation. According to the laws on charities and non-profit organizations, this step is strictly required. To carry out the procedure itself, the founder will need the following documents:

1. for fund registration (form РН0001);
2. a documented decision on the establishment of an organization and the approval of the relevant constituent papers;
3. charter of the future fund (in triplicate);
4. a receipt in the amount of 4 thousand rubles;
5. proof that the fund has an actual address (certificate of ownership of the office space or a letter of guarantee from the landlord thereof).

As a rule, the decision to establish a charitable foundation is made by the Ministry of Justice within two weeks. The same amount of time is required for the mentioned state body to certify all necessary registration documents. As for, in fact, official activities, its organization will be able to start as soon as its founders have the following papers in their hands:

After that, the philanthropist will only have to register with the statistics service, as well as funds - pension and social insurance. Then he will be able to choose a bank to service the accounts of the organization and finally proceed with the planned activities.

As for, directly, the taxation of charitable foundations, it has some specifics. All payments are made within the so-called narrowed base. Thanks to this, any voluntary donations made to the fund will not be taxed. In order for this to work not only in theory, but also in practice, all charitable contributions received by the organization must be properly registered. Only a very experienced accountant with serious accounting experience can usually cope with such a task.

In this video, you will learn how the fund is created and how you can create a fund from scratch:

Recently, such type of activity as rendering assistance has been actively developing. The best way to implement it is to register a charitable foundation. In Russia, there are many such organizations with different goals.

As a rule, they are created to help people in difficult situations, homeless animals, and so on. The goals of the activity are achieved by raising funds. However, not everyone who wants to help knows how to create such an organization. Further in the article, instructions for registering a charitable foundation will be presented.

Normative base

Before creating a charitable organization, it is necessary to carefully study the legislation.

Registration of a charitable foundation is carried out on the basis of the following provisions:

• Constitution.
• Federal Law "On charitable organizations" and "On

The future fund must open a bank account and keep records. One of the mandatory conditions for the work of the organization is the provision of annual reports on the expenditure of funds.

Important point

It should be understood that after registration it cannot carry out activities aimed at making a profit. The work of the organization should be connected exclusively with the achievement of non-commercial goals.

Advertising and marketing

The success of the activity largely depends on the qualifications of employees, marketing strategy founders. It is also important to find volunteers, patrons, sponsors.

On the initial stage it is necessary that as many people as possible learn about the fund. For this, an official website, thematic groups in social networks are usually created. in effective ways dissemination of information are considered to be the distribution of flyers, flash mobs, promotions, auctions, etc.

Financing

Before registering a charitable foundation, you need to consider a system for receiving contributions. These can be special donation boxes; on the website or in groups in social networks, you can create a special form through which caring people will transfer funds, including electronic money.

The fund's property may not be used for personal purposes by either the founder or members of the board of directors. It is created from contributions in kind or in cash.

Organizational matters

To create a charitable organization, it is necessary to determine the direction of its activities, goals, and come up with a name for it.

Particular attention should be paid to the statute. It must comply with legal requirements. After that, all documents required for registration of a charitable foundation must be submitted to the territorial division of the Ministry of Justice. Having received approval from this department, the founders register the organization with the IFTS, FFOMS.

Registration of a charitable foundation: a step-by-step scheme of actions

Briefly, the following steps can be outlined:

• Definition of tasks, goals, areas of activity of the future organization.
• Drawing up the charter, appointment of the founder, members of the council.
• Appeal to the Ministry of Justice.
• Registration with FFOMS, IFTS.
• Opening a bank account.
• Obtaining a certificate of state registration, obtaining an extract from the Unified State Register of Legal Entities.

It must be said that a fee will have to be paid for the registration of a charitable foundation. Its size today is 4 thousand rubles. Use the above step by step instructions both a citizen and an organization can register a charitable foundation.

Responsible person

The charitable foundation does not provide for membership. All participants contribute funds on a voluntary basis according to their abilities.

At the preparatory stage, it is necessary to determine the person who will be responsible for making decisions and monitoring their implementation. As a rule, such a subject is the initiator of the opening of a charitable organization.

Package of documents for registration of a charitable foundation

It includes:

• Application for f. PH0001.
• Constituent documentation.
• Receipt for payment of the fee.

The statement states:

• Full name of the applicant.
• Residence address.
• Contact phone numbers.

The document is provided in two copies. One of them must be notarized. Attached to the application additional sheets, which provide data on the founder, types of economic activity.

The structure for registering a charitable foundation includes:

• Charter. It is provided in 3 copies.
• Memorandum of association.
• Minutes drawn up at the first meeting of the organization.

When registering a charitable foundation, the protocol (a sample of this document is filled out according to the general rules) is a confirmation of the intentions of the founders. It reflects information about the direction of the organization's activities, the composition of the board of directors, responsible persons, the goals and objectives of the fund. The same information must be present in the Articles of Association. In addition, this document contains information about executive bodies, their location, the legal address of the organization, the procedure for appointing responsible persons, as well as actions during the liquidation of the NPO.

Documents for registration of a charitable foundation also include a paper confirming the rights to the premises in which it is located. If the object is owned, then a certificate is attached. If the property is rented, you must provide a letter of guarantee from the owner and copies of title documents.

If the name uses symbols protected by law, including copyright, you must have permits from the copyright holder.

Timing

In accordance with the procedure for registering charitable foundations, verification of documents is carried out in the Ministry of Justice within a month. In case of non-compliance, the applicant will be refused. In this case, the state duty paid for registration is not refundable.

The founders must submit documents within three months from the date of the decision to establish the fund.

Features of activity

It can conduct only such activities that are not aimed at deriving personal benefit by its participants. At the same time, the organization can use the profit received in the course of various actions, including those related to entrepreneurship, if it is directed to non-commercial needs. For example, funds from a charity concert should go to help homeless animals.

The key difference between a charitable foundation and a regular one is that the organization must direct at least 80% of donations to non-profit purposes.

After state registration, a certificate is issued. It confirms the legal personality of the fund. In case of violation by the participants established by law requirements, the organization can be liquidated.

Staff

Recruitment of employees is carried out in accordance with the specifics of the organization. As a rule, members of a charitable foundation are:

• Volunteers. They are not on the staff of the organization, but they provide gratuitous assistance. For example, volunteers organize fundraising, distribute leaflets, and so on.
• Lawyers. Among the participants of the fund must be at least one person who understands legal issues. A lawyer can accompany the registration process, obtain documents, act on behalf of the organization in various government agencies.
• Employees taking orders.
• Specialists responsible for providing the necessary resources. For example, if the fund is engaged in helping homeless animals, these employees purchase food, supplies, and so on.
• Employees involved in attracting sponsors.

As practice shows, the staff of charitable foundations is small. Usually five people focused on achieving the set goals are enough. It is advisable to increase the number of employees with the expansion of areas of activity.

Finding sources of funds

Attracting sponsors is the most difficult task facing the charitable foundation. As a rule, the sources of funds are:

• Contributions of members of the organization.
• Donations from outsiders. At the same time, they can be expressed not only in money, but also in kind (things, tools, household items, animal feed).
• Grants.
• Funds from the activities of volunteers.
• Profit from securities.
• Funds from charitable events (auctions, concerts, promotions, etc.).

Fundraising website

It is possible to significantly increase the efficiency of a charitable foundation by creating an official portal on the Internet. For this you need:

• Choose hosting. Currently, many resources offer it for free. At the same time, the functionality of such versions is quite enough to achieve the goal.
• In the domain name, you can write words by which the site can be found on the Internet.
• Choose a template, adjust the interface. As a rule, hosting sites provide a large selection of templates. The option you like can be easily adapted to the goals of the charitable foundation.
• Fill the site with articles, photographs and other content that reflects the essence of the foundation's activities.

On the site you need to create a special form with which people will transfer funds. You can enter into an agreement with the payment operator. With it, payments can be made using different systems (bank card, electronic wallets).

Particular attention should be paid to promoting the site on the Internet. To do this, links to it are placed in thematic groups in social networks, advertising is launched in the media, etc.

The main condition of activity

In order for the charitable foundation to work effectively, it is important not only to comply with all the formalities. The main condition is the achievement of the goals for which the organization was created. If the background is organized to help people or animals, then it should really be provided.

Charitable organizations are created to implement socially useful projects, to assist regional and municipal communities.

Establishing a fund is the optimal means of solving socially significant problems. And, as you know, there are quite a lot of them. There are problems in almost all spheres of life: education, health care, environmental management, and so on.

Conclusion

Of course, without people's faith in their work, without love for it, not a single charitable foundation will work for a long time. Before creating an organization, you need to assess your strengths and capabilities. Any fund faces problems, as a rule, of a financial nature. Today it is quite difficult to find sponsors, people who are ready to selflessly help someone else.

Nevertheless, today there are quite a lot of charitable organizations involved in providing assistance in a variety of ways. Often such funds are created on the basis of sheer enthusiasm by purposeful active people. Many charitable organizations provide support to low-income families, drug and alcohol addicts, people released from prison. Some activists form an association for protection environment. They not only urge people to keep cleanliness and protect nature, but also take part in the cleaning of urban areas, parks, beaches, and recreation areas.

Any charitable activity is fraught with difficulties. It takes time, effort and money. However, helping other people allows us to preserve humanity, to show humanity and compassion for our neighbor. No one knows in what life situation a person may find himself in a year or several years. Perhaps those who help today will need help themselves tomorrow.