Charter of a public organization (All-Russian). Charter of a public institution of patent attorneys (governing bodies: general meeting, board, chairman of the board, audit commission) Example of a charter of a public organization
SAMPLE
APPROVED
Constituent Assembly
"___" ______________ G.
MODEL CHARTER
Regional (local) public organization
«________________________________________»
city ____________
Year
1. General Provisions
1.1. Regional (local) public organization "________________", hereinafter referred to as the Organization, is a membership-based public association created on the basis joint activities to protect common interests and achieve the statutory goals of united citizens and legal entities- public associations.
1.2. Full name of the Organization in Russian: Regional (local) public organization "_____________________________________".
Abbreviated name in Russian: ROO "____________________".
1.3. The organization operates within ______________
________________________________________________________________________.
1.4. Location of the Organization: ___________________________________.
1.5. An organization is considered created as a legal entity from the moment of its state registration in the established federal laws ok.
1.6. An organization is created without a limitation on the period of activity.
1.7. The Organization can be a plaintiff and defendant in courts of general jurisdiction, arbitration and arbitration courts, on its own behalf acquire and exercise property and non-property rights in accordance with the goals of the Organization’s activities, provided for by the Charter of the Organization, and bears the responsibilities associated with these activities.
1.8. The organization has a round seal with full name Organizations in Russian, stamps and forms with their name.
1.9. An organization may have flags, emblems, pennants and other symbols. The symbols of the Organization should not coincide with state symbols Russian Federation and constituent entities of the Russian Federation, as well as with symbols of foreign states. The symbols of the Organization should not violate the rights of citizens to intellectual property or offend their national and religious feelings. The symbols of the Organization are subject to state registration and accounting in the manner established by the legislation of the Russian Federation.
1.10. The organization has the right, in accordance with the established procedure, to open settlement, currency and other bank accounts on the territory of the Russian Federation and abroad.
1.11. The requirements of the Charter of the Organization are mandatory for fulfillment by all bodies of the Organization and its members.
1.12. The organization is not responsible for the obligations of its members. Members of the Organization are not responsible for the obligations of the Organization. The Organization is not liable for the obligations of the state and its bodies, and the state and its bodies are not liable for the obligations of the Organization.
1.13. The organization is liable for its obligations with its property, which, according to the legislation of the Russian Federation, can be foreclosed on.
2. Goals, objectives, main activities, rights and responsibilities of the Organization
2.1. The purpose(s) of creating the Organization is _____________________.
2.2. The subject of the Organization's activities is ______________________.
The legislation of the Russian Federation may establish restrictions on the types of activities that the Organization has the right to engage in.
2.3. To achieve these goals, the Organization sets itself the following tasks: __________________________________________________________.
2.4. To achieve its statutory goals, the Organization has the right:
Freely disseminate information about your activities;
Annually publish a report on the use of your property or make the said report accessible;
Annually inform the body that made the decision on the state registration of the public association about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the leaders of the public association in the amount of information included in the unified State Register legal entities;
Submit, at the request of the body making decisions on state registration of public associations, decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on its activities to the extent of information submitted to the tax authorities;
Allow representatives of the body making decisions on state registration of public associations to attend events public association Events;
Provide assistance to representatives of the body making decisions on state registration of public associations in familiarizing themselves with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;
Inform the federal state registration body about the amount of funds and other property received by the public association from international and foreign organizations, foreign citizens and stateless persons, about the purposes of their expenditure or use and about their actual expenditure or use in the form and within the time limits established by the authorized federal body executive power;
Inform the body that made the decision on state registration of this association about changes in the information specified in paragraph 1 of Article 5 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs,” with the exception of information about received licenses, within three days from the date of such changes.
3. Members of the Organization, conditions and procedure for admission to membership of the Organization and withdrawal from it
3.1. Members of the Organization can be individuals and legal entities:
Legal entities - public associations;
Citizens who have reached the age of 18, whose interest in jointly achieving the goals and solving the problems of the Organization in accordance with this charter are formalized by individual written statements.
The founders of the Organization are its members.
3.2. Grounds for withdrawal (exclusion) from the Organization or loss of membership: _______________________________________________________________.
4. Rights and obligations of members of the Organization
4.1. Members of the Organization have the right:
Participate in the management of the affairs of the Organization in the manner established by the Charter and other regulations of the Organization;
Elect and be elected to the governing and control and audit bodies of the Organization;
In the prescribed manner, receive information about the activities of the Organization;
Transfer property or rights to use property, intangible rights to the Organization.
4.2. A member of the Organization has the right to resign from the Organization at his own discretion.
Upon leaving, a member of the Organization (does not) have the right to demand the return of the property contributed by him, the termination of the rights to use property and (or) intangible rights granted to him, as well as the transfer of part of the property to him
In relation to an expelled member or who has lost membership of the Organization, the rules relating to withdrawal from the Organization apply.
4.3. The entry into the Organization of a new member cannot be conditioned by his responsibility for the obligations of the Organization that arose before his entry.
4.4. Members of the Organization are obliged to:
Comply with the provisions of the Charter of the Organization, other regulations of the Organization, comply with the decisions of the governing bodies of the Organization;
Take part in the activities of the Organization;
Timely and fully fulfill the obligations undertaken towards the Organization;
Provide information necessary to resolve issues related to the activities of the Organization;
Provide assistance to the Organization in its activities.
4.5. Members of the Organization may also have other rights and bear other responsibilities in accordance with the current legislation of the Russian Federation, other regulatory documents Organization, as well as agreements concluded with the Organization.
5. The procedure for managing the activities of the Organization. Governing Bodies of the Organization
5.1. The highest governing body of the Organization is general meeting members of the Organization. The main function of the general meeting is to ensure that the Organization adheres to the purposes for which it was created.
5.2. The competence of the general meeting includes resolving the following issues:
1) changing the charter of the Organization;
2) determination of priority areas of activity of the Organization, principles of formation and use of its property;
3) formation of the board of the Organization and early termination of its powers;
4) approval of the annual report and annual balance sheet;
5) approval financial plan Organizations and changes to it;
6) creation of branches and opening representative offices of the Organization;
7) participation in other organizations;
8) reorganization and liquidation of the Organization;
The issues provided for in paragraphs one, three and eight fall within the exclusive competence of the general meeting.
5.3. The general meeting meets as needed, but at least ______ times every ______.
5.4. Each member of the Organization is obliged to attend the general meeting and take part in its work. Each member of the Organization has 1 (one) vote when voting.
5.5. The general meeting of members of the Organization is valid if more than half of its members are present (represented) at the said meeting.
5.6. The decision of the general meeting is made by a majority vote of the members present at the meeting.
5.7. The decision of the general meeting on issues of the exclusive competence of the general meeting is adopted unanimously (by a qualified majority).
5.8. The permanent governing collegial governing body of the Organization is the board, elected by the general meeting for a _______ term and reporting to it. The competence of the board includes the resolution of all issues that do not constitute the exclusive competence of other management bodies of the Organization. The composition of the Board is formed from members of the Organization in an amount of at least _____ people.
The Board regularly informs the members of the Organization about the activities of the Organization.
5.9. The work of the board is organized by the chairman of the board elected at the board meeting. Minutes are kept at board meetings.
5.10. Chairman of the Board:
Acts on behalf of the Organization without a power of attorney;
Convenes the Board and conducts its meetings;
Signs decisions, regulations, statements, appeals adopted by the Board;
Ensures the implementation of the Organization's activity programs;
Issues powers of attorney on behalf of the Organization;
Performs other functions as assigned by the Organization's Board.
6. Documentation. Control over the activities of the Organization
6.1. The organization maintains accounting records and statistical reporting in the manner established by law Russian Federation.
6.2. The Organization provides information about its activities to state statistics bodies and tax authorities, members of the Organization and other persons in accordance with the legislation of the Russian Federation.
6.3. Responsibility for organization, condition and reliability accounting in the Organization, timely submission of the annual report and other financial statements to the relevant authorities, as well as information about the activities of the Organization submitted to members of the Organization, creditors and funds mass media, bears the board.
6.4. The organization stores the following documents:
Agreement on the establishment of the Organization;
Charter of the Organization, changes and additions made to the charter of the Organization, registered in the prescribed manner, decision to create the Organization, document on state registration of the Organization;
Documents confirming the Organization’s rights to property on its balance sheet;
Internal documents of the Organization;
Regulations on the branch or representative office of the Organization;
Dividends (income, interest) received on shares, bonds, other securities and deposits;
Income received from the Organization's property;
Other income and receipts not prohibited by law.
Laws may establish restrictions on the Organization's sources of income.
7.3. The procedure for regular and one-time receipts from members of the Organization is established by the general meeting of the Organization
7.4. Income from entrepreneurial activity Organizations cannot be redistributed among members of the Organization and must be used only to achieve statutory goals.
7.5. The amount and procedure for payment of targeted contributions by members are established by the general meeting of the Organization.
7.6. The Organization may use its funds for charitable purposes.
8. Suspension of activities, reorganization and liquidation of the Organization
8.1. The activities of the Organization may be suspended in accordance with the Federal Law “On Public Associations”.
8.2. The organization may be reorganized or liquidated in accordance with the legislation of the Russian Federation.
8.3. From the moment the liquidation commission is appointed, the powers to manage the affairs of the Organization are transferred to it. The Board of Directors ceases its activities.
8.4. Upon liquidation of the Organization, the property remaining after satisfying the creditors' claims, unless otherwise established federal legislation, is directed to the purposes for which it was created, and (or) to charitable purposes in the manner determined by the general meeting of the Organization (such a procedure may be established in the charter).
8.5. If the use of the property of the liquidated Organization in accordance with its constituent documents is not possible, it turns into state income.
10. The procedure for making changes and additions to the charter
10.1. The issue of introducing amendments and additions to the charter of the Organization is submitted to the general meeting for consideration on the initiative of the board or on the initiative of at least one third of the members of the Organization.
10.2. Changes and additions to the charter approved by the general meeting are subject to state registration.
10.3. State registration amendments and additions to the Charter of the Organization are carried out in the manner established by the current legislation of the Russian Federation.
10.4. Changes and additions to the Charter of the Organization come into force from the moment of their state registration.
Chairman of the Board ______________________ ________________________
(signature) (full name)
In accordance with Article 28 of the Federal Law of January 1, 2001 No. 82-FZ “On Public Associations,” the official name of a public association must contain an indication of its organizational and legal form and territorial scope of activity. In accordance with Article 14 of this law, all-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.
Social organization: prerequisites for existence
The peak of development of social movements and organizations did not occur during the Soviet period. The era of collectivism was marked by the assignment of functions unusual to them to public organizations.
They often took offenders on bail and created comradely courts. In a market economy, the share of public organizations among legal entities of all organizational forms decreased. The scale of their activities has decreased.
However, the importance of non-profit structures for the development of civil society cannot be underestimated.
Directly related to legal status public organizations have Articles 13 and 30 of the Basic Law of the Russian Federation. These constitutional provisions secure ideological and political diversity, the rights of individuals to voluntarily associate to achieve legitimate goals without obtaining the prior consent of government officials.
Legal regulation of the status of public organizations
The concept of “public organization” has not undergone significant changes since Soviet times. They are recognized as voluntary non-governmental associations of individuals based on common interests to achieve common goals.
According to the definition of Article 8 82-FZ “On Public Associations,” a public organization is a public association based on mandatory fixed membership.
According to Article 123.4 of the Civil Code, the purposes of its establishment may be:
- satisfaction of non-material (including spiritual) needs;
- representing and protecting the interests of members before third parties;
- making a contribution to the development of education, medicine, nature conservation, etc.
The identification of significant characteristics of public organizations is facilitated by determining their place in the system of legal entities.
Within the framework of Chapter 4 of the Civil Code, public organizations are classified as non-profit.
But there is a caveat: such an organization has the right to carry out income-generating activities while simultaneously meeting the following conditions:
- the possibility of carrying out entrepreneurial activities is provided for by the charter (if the charter does not contain provisions of this kind, amendments are necessary);
- it does not contradict the non-profit statutory goals of the organization, but serves to achieve them;
- the public organization has sufficient assets market value no less minimum size authorized capital OOO.
The organizational form of a public organization is basic for non-profit structures of other types.
Thus, Article 50 of the Civil Code contains a non-exclusive list of types of non-profit public organizations. This:
- political parties;
- trade unions established in the form of legal entities
- public initiative bodies;
- territorial public self-governments.
Public organizations have the right to unite into unions. Regarding large companies in Russia, there is a practice of registering not only the parent (parent) organization as independent legal entities, but also its territorial bodies.
Public organizations can transform into autonomous non-profit organizations or foundations. This requires amendments to the charter (Article 123.4 of the Civil Code)
Requirements for the founders of a public organization, their status and number
The key features of public organizations are recognized: fixed membership; mandatory issuance of membership cards; payment of membership fees as a key source of formation of the financial and material base of activities. It is on the basis of mandatory membership that a public organization differs from non-profit structures of other organizational forms, for example, social movements.
The founders of public organizations automatically acquire the status of their members, as well as the corresponding set of rights and obligations (paragraph 9 of article 19 of 82-FZ). Persons interested in joining the ranks of members of the organization submit a written application.
The document must necessarily express:
- interest in the activities of the organization;
- agreement with its goals and regulations of the charter;
- willingness to accept responsibility in case of failure to comply with the rules of the organization.
Rights of members of public organizations:
- know about its activities;
- participate in management, initiate amendments to the charter;
- elect, be elected to governing, auditing, supervisory bodies;
- challenge the legality of the administration’s actions;
- demand compensation for losses caused by unlawful actions of the organization.
List of obligations:
- pay contributions (members of the organization lose the right of ownership to property and funds transferred to the public organization for the implementation of statutory activities);
- participate in the formation of the organization’s assets in the manner specified by the charter;
- refrain from actions that could harm the organization or complicate the achievement of its goals;
- participate in decision-making without which the organization cannot continue its activities;
- bear responsibility for unlawful actions in the form of expulsion from members of the organization.
The number of founders of a public organization is imperatively determined by Article 123 of the Civil Code at the level of three persons. Although the organizations in question are nominally associations of citizens, Articles 6 and 18 of 82-FZ allow membership in the organization of legal entities that are public associations. All members of a public organization, whether individuals or legal entities, are equal in rights and responsibilities.
List of persons who cannot be founders, members, participants of a public association
There is a mandatory ban on membership in a public organization of public entities and their bodies: the state, government agencies, regional authorities, territorial communities represented by the municipality (Article 19 82-FZ).
The following rules apply to individuals:
- Age limit. By general rule is 18 years old. Considering the diverse nature of the potential activities of public associations, this is generally correct. However, there are some doubts. Thus, by way of emancipation, a citizen can receive full legal capacity before reaching the age of 18 (Article 27 of the Civil Code). Why a full-fledged member of society, bearing the full burden of responsibility for his life, cannot be a member/participant of a public association remains a mystery. A member/participant of a youth organization must be at least 14 years old, a children's organization - 8 years old. It is worth noting that the permission was made specifically for members/participants, but not for the founders, which is quite logical. State registration of youth and children's public associations in the Unified State Register of Legal Entities is carried out on the condition that the governing bodies are entirely composed of capable citizens (Article 21 82-FZ).
The admissibility of lowering the age limit should be determined by the specific status of the organization (children's or youth), reflected in the name and charter of the organization. At the legislative level, the specifics of this status are not defined; in the Russian Federation there is 98-FZ “On state support of youth and children's public associations,” but not about these associations as such. - Citizenship issues. Article 19 82-FZ defined the following rules: unless otherwise specified by special regulations legal acts, founders and members/participants of public associations can be citizens of the Russian Federation and foreigners with legal permanent residence in the Russian Federation. Foreigners living outside of Russia can be honorary members of a public association without endowing them with ordinary rights and without imposing corresponding obligations on them. According to Article 23 of 95-FZ “On Political Parties”, only citizens can be their members.
- Legal capacity. Article 19 82-FZ does not operate with such a concept as legal capacity. And if this may be justified in relation to members/participants, then the founders and members of the governing and supervisory bodies obviously must have full general civil legal capacity. Apparently, such an omission is a consequence of the “oldness” of the law’s provisions. 82-FZ was adopted in 1995, and Part I of the Civil Code - only in 2001. Meanwhile, issues of legal capacity can be regulated special legislation. Thus, according to Article 23 95-FZ, only a legally capable individual can be a member of a political party.
The ban on establishment, membership/participation in the activities of public associations applies to:
- person non grata - foreigners whose stay in the Russian Federation is undesirable (the Ministry of Foreign Affairs will publish lists of names);
- persons mentioned in the list formed in accordance with 115-FZ “On combating legalization (laundering) Money obtained by criminal means and the financing of terrorism”;
- public associations whose functioning has been suspended according to the rules of 114-FZ “On Combating Extremist Activities”;
- persons whose actions revealed signs of extremist activity (established by a court verdict);
- persons serving a sentence of imprisonment for committing a crime.
Charter of a public organization, requirements for its content
The charter of a public organization must contain information about:
- its name;
- legal address;
- the territory to which the organization’s activities extend (the latter can be all-Russian, regional, local);
- goals and subject of activity;
- membership, participation;
- the procedure and grounds for gaining and losing membership;
- composition, competence, term of office of governing and audit bodies;
- decision-making procedure;
- a list of issues on which decisions are made unanimously or by a qualified majority;
- on the rights and obligations of members (their responsibilities are described separately);
- the rights of a public organization and its territorial bodies for asset management;
- the procedure for amending the charter;
- the procedure for distributing property remaining after the liquidation of the organization.
It is impossible to overestimate the importance of the charter of a public organization. This is a key document for state registration and functioning of a legal entity.
The legal personality of organizations in Russia is special. In other words, public organizations have the right to take only those actions, the possibility of which is stipulated by their constituent documents.
If this is relevant, in model charter a public organization initially needs to provide additional information about:
- potentially possible types of activities, including those related to making a profit;
- the right to accept/make donations;
- possibilities and procedure for disposing of property;
- the right of the organization to represent its members in court and competent authorities;
- symbolism, if you plan to use it.
APPROVED by the Constituent Assembly "___"__________ ____, minutes No. _____
Charter of the public institution of patent attorneys "___________________________"
g. __________ ____ g.
1. GENERAL PROVISIONS
1.1. The public institution "_______________", hereinafter referred to as the "Institution", is a non-membership Institution aimed at providing patent attorney services that meet the interests of the participants and are consistent with the statutory goals of the said association.
1.2. Full name of the Institution in Russian: public institution of patent attorneys "_______________", abbreviated name in Russian: OU of patent attorneys "_______________",
Full name on ________________________________________________ (on any foreign language or the language of the peoples of the Russian Federation) language: "_________________________________________________________________", abbreviated name in _______________________________________________ (in any foreign language or language of the peoples of the Russian Federation) language: "___________________________________". 1.3. The institution operates within the limits of ___________________________________________. (territory, locality) 1.4. Location of the Institution: _____________________________________ __________________________________________________________________________. (address according to state registration)
1.5. An institution is considered created as a legal entity from the moment of its state registration in the manner prescribed by federal laws.
1.6. An institution is created for a period of ____________________ (or: without a time limit).
1.7. The Institution can be a plaintiff and defendant in courts of general jurisdiction, arbitration and arbitration courts, on its own behalf acquire and exercise property and non-property rights in accordance with the goals of the Institution's activities, provided for by the Charter of the Institution, and bears the responsibilities associated with these activities.
1.8. The institution has a round seal with the full name of the institution in Russian, stamps and forms with its name.
1.9. An institution may have flags, emblems, pennants and other symbols. The symbols of the Institution should not coincide with the state symbols of the Russian Federation, the state symbols of the constituent entities of the Russian Federation, the symbols of municipalities, federal government bodies, government bodies of the constituent entities of the Russian Federation, the Armed Forces of the Russian Federation, other troops and military formations, the symbols of foreign states, as well as with symbols of international organizations.
Emblems and other symbols of public associations previously registered in the Russian Federation, emblems and other symbols of organizations whose activities on the territory of the Russian Federation are prohibited cannot be used as symbols of the Institution.
The symbols of the Institution must not defame the State Flag of the Russian Federation, the State Emblem of the Russian Federation, the State Anthem of the Russian Federation, flags, coats of arms and anthems of the constituent entities of the Russian Federation, municipalities, foreign states, religious symbols, or offend racial, national or religious feelings.
The symbols of the Institution are subject to state registration in the manner established by the legislation of the Russian Federation.
1.10. The institution has the right to establish awards (honorary titles, medals and insignia) and other types of rewards for personal and collective merits. Awards of the Institution should not have similar, similar names or external resemblance to state awards Russian Federation, awards and departmental insignia of government bodies and awards of bodies local government.
1.11. The institution has the right, in accordance with the established procedure, to open settlement, currency and other bank accounts on the territory of the Russian Federation and abroad.
1.12. The requirements of the Charter of the Institution are mandatory for execution by all bodies of the Institution and its founders.
1.13. The institution is responsible for its obligations with the funds at its disposal. If they are insufficient, the owner of the relevant property bears subsidized liability for the obligations of the Institution.
1.14. The founders of the Institution are patent attorneys who convened a general meeting at which the present charter of the Institution was adopted and its governing and control and audit bodies were formed.
The founders of the Institution - individuals and legal entities - have equal rights and bear equal responsibilities.
1.15. Participants of the Institution are individuals and legal entities who have expressed support for the goals of the Institution and (or) its specific shares, taking part in its activities without necessarily formalizing the conditions of their participation (otherwise may be provided for by the charter).
Participants of the Institution - individuals and legal entities - have equal rights and bear equal responsibilities.
2. PURPOSE, SUBJECT, TYPES OF ACTIVITY
2.1. The purpose of creating the Institution is to achieve the collective interests of patent attorneys and public goods in the field of registration and protection of intellectual rights.
2.2. The subject of the Institution’s activities is organizational support rights of patent attorneys.
2.3. An institution may carry out (one type of activity or several types of activity):
1) establish arbitration courts to resolve disputes arising between participants of the Institution, as well as between them and consumers of services provided by participants of the Institution, other persons, in accordance with the legislation on arbitration courts;
2) carry out an analysis of the activities of its participants on the basis of the information they provide to the Institution in the form of reports in the manner established by this charter (or other document approved by the decision of the general meeting of participants of the Institution);
3) represent the interests of the participants of the Institution in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies;
4) organize professional education, certification of employees of the Institution participants;
5) ensure information openness of the activities of its participants, publish information about these activities in the manner established by the internal documents of the Institution;
6) exercise control over professional activity its participants in terms of their compliance with the requirements of the rules and conditions of participation in the Establishment;
7) consider complaints against the actions of participants in the Institution and cases of violation by its participants of the requirements of the rules and conditions of participation in the Institution;
8) ____________________________________________________________.
The legislation of the Russian Federation may establish restrictions on the types of activities that the Institution has the right to engage in.
2.4. Selected species activities can be carried out by the Institution only on the basis of special permits (licenses). The list of these types of activities is determined by law.
2.5. An institution has the right to carry out entrepreneurial activities only insofar as it serves the achievement of the statutory goals for which it was created and is consistent with these goals. Entrepreneurial activities are carried out by public associations in accordance with the Civil Code of the Russian Federation, the Federal Law "On the entry into force of part one of the Civil Code of the Russian Federation" and others legislative acts Russian Federation.
2.6. An institution can create business partnerships, societies and other business organizations, as well as acquire property intended for conducting business activities. Business partnerships, societies and other business organizations created by the Establishment make payments to the relevant budgets in the manner and amounts established by the legislation of the Russian Federation.
2.7. Income from the business activities of public associations cannot be redistributed between founders or participants and must be used only to achieve their statutory goals. Public associations are allowed to use their funds for charitable purposes.
2.8. An institution can join international public associations, acquire rights and bear responsibilities corresponding to the status of these international public associations, maintain direct international contacts and connections, and enter into agreements with foreign non-profit non-governmental organizations.
2.9. An institution can create its own organizations, branches or branches and representative offices in foreign countries on the basis of generally recognized principles and norms international law, international treaties of the Russian Federation and the legislation of these states.
2.10. The legislation of the Russian Federation may establish restrictions on the entrepreneurial activities of the Institution.
2.11. In the interests of achieving its goal, the Institution may create other non-profit Institutions and join other public associations and non-profit Institutions.
2.12. Interference in the economic and other activities of the Institution by state and other organizations is not permitted unless it is conditioned by their right to exercise control over the activities of the Institution.
3. STRUCTURE, MANAGEMENT BODIES, PROCEDURE FOR MANAGING THE ACTIVITIES OF THE INSTITUTION
3.1. The highest governing body of the Institution is the general meeting of founders (hereinafter referred to as the “general meeting”).
The permanent governing collegial management body of the Institution is the Board, elected by the general meeting and accountable to it.
3.2. The main function of the general meeting is to ensure compliance by the Institution with the purposes for which it was created.
3.3. Management of the Institution and its property is carried out by a person appointed by the founders - the director ( executive director etc.).
3.4. The Institution may create a collegial body elected by participants who are not the founders of this Institution and consumers of its services - a supervisory board.
The Supervisory Board may determine the content of the activities of the Institution, have the right of an advisory vote with the founder (founders), but does not have the right to dispose of the property of the Institution (otherwise may be established by the charter or the founders).
3.5. The exclusive competence of the general meeting includes resolving the following issues:
1) changing the charter of the Institution;
2) determination of priority areas of activity of the Institution, principles of formation and use of its property;
3) formation of the board of the Institution and early termination of its powers;
4) approval of the annual report and annual balance sheet;
5) approval of the financial plan of the Institution and amendments to it;
6) creation of branches and opening of representative offices of the Institution;
7) participation in other organizations and public associations;
8) reorganization and liquidation of the Institution;
9) ___________________________________________________________________. (other questions)
3.6. The general meeting meets as needed, but at least once a year.
3.7. Each founder of the Institution is obliged to attend the general meeting and take part in its work.
3.9. The general meeting of the founders of the Institution is valid if more than half of its founders are present (represented) at the said meeting.
3.10. The decision of the general meeting is made by a majority vote of the founders present at the meeting.
3.11. The decision of the general meeting on issues of the exclusive competence of the general meeting is adopted unanimously.
Option: The decision of the general meeting on the issue of reorganization of the Institution is adopted unanimously. On other issues of the exclusive competence of the general meeting, the decision is made by a qualified majority of three-quarters (or two-thirds) of the total number of votes (or those present at the meeting) of the founders of the Institution.
3.12. Minutes are kept at general meetings.
3.13. The competence of the Board includes the resolution of all issues that do not constitute the exclusive competence of other management bodies of the Institution.
The Board regularly informs the founders of the Institution about the activities of the Institution.
3.14. The work of the Management Board is organized by the Chairman of the Management Board elected at a meeting of the Management Board. Minutes are kept at Board meetings.
3.15. The Chairman of the Board acts on behalf of the Institution without a power of attorney.
3.16. The Board is located at the location of the Institution.
4. RIGHTS OF ESTABLISHMENT
4.1. To achieve its statutory goals, the Institution has the right to:
freely disseminate information about its activities;
participate in the development of decisions of state authorities and local governments in the manner and extent provided for by law;
hold meetings, rallies, demonstrations, processions and picketing;
establish mass media and carry out publishing activities;
represent and defend their rights, the legitimate interests of their founders and participants, as well as other citizens in government bodies, local governments and public associations;
exercise in full the powers provided for by the laws on public associations;
take initiatives on various issues of public life, make proposals to government bodies;
participate in elections and referendums in the manner established by the legislation of the Russian Federation.
5. RESPONSIBILITIES OF THE INSTITUTION
5.1. The institution is obliged:
comply with the legislation of the Russian Federation, generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by this charter and other constituent documents;
annually publish a report on the use of your property or ensure accessibility of the said report;
annually inform the body that made the decision on the state registration of the Institution about the continuation of its activities, indicating the actual location of the permanent governing body, its name and information about the heads of the Institution in the amount of information included in the Unified State Register of Legal Entities;
submit, at the request of the body making decisions on state registration of public associations, decisions of the governing bodies and officials of the Institution, as well as annual and quarterly reports on its activities to the extent of information submitted to the tax authorities;
allow representatives of the body making decisions on state registration of public associations to events held by the public association;
provide assistance to representatives of the body making decisions on state registration of public associations in familiarizing themselves with the activities of the Institution in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation;
inform the federal state registration body about the amount of funds and other property received by the public association from international and foreign organizations, foreign citizens and stateless persons, about the purposes of their expenditure or use and about their actual expenditure or use in the form and within the time limits established by the authorized federal executive body.
5.2. The institution is also obliged to inform the body that made the decision on the state registration of this association about changes in the information specified in paragraph 1 of Art. 5 of the Federal Law of 08.08.2001 N 129-FZ "On state registration of legal entities and individual entrepreneurs", with the exception of information about received licenses, within three days from the date of such changes. The specified body, no later than one working day from the date of receipt of the relevant information from the Institution, reports this to the authorized registration body, which makes an entry in the Unified State Register of Legal Entities changing information about a public association.
6. PROPERTY OF THE INSTITUTION
6.1 An institution may own land plots, buildings, structures, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares, other securities and other property necessary for the material support of statutory activities Institutions.
The Institution may also own publishing houses and mass media created and acquired at the expense of the Institution in accordance with its statutory goals.
6.2. Federal law may establish types of property that, for reasons of state and public security or in accordance with international treaties of the Russian Federation, cannot be owned by the Institution.
6.3. The property of the Institution is formed on the basis of voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter of the Institution; income from business activities of the Institution; civil transactions; foreign economic activity Institutions; other income not prohibited by law.
6.4. In relation to the property assigned to the Institution by the founders, it exercises the right operational management the specified property, and also exercises the rights of ownership, use and disposal within the limits established by law, in accordance with the statutory purposes.
6.5. An institution that owns property with the right of operational management may be the owner of the property created and (or) acquired by it through other legal means.
6.6. The founder (founders) - the owner (owners) of the property transferred to the Institution, has the right to withdraw excess, unused or misused property and dispose of it at his own discretion.
6.7. When the ownership of property assigned to the Institution is transferred to another person, the Institution retains the right to operationally manage said property.
6.8. The institution does not have the right to alienate or otherwise dispose of the property assigned to them and property acquired from funds allocated to it according to the estimate, without the written permission of the owner.
6.9. Income received from income-generating activities and property acquired from these incomes are at the independent disposal of the Institution and are accounted for on a separate balance sheet.
7. DOCUMENTATION. CONTROL OVER THE ACTIVITIES OF THE INSTITUTION
7.1. The institution maintains accounting records and statistical reporting in the manner established by the legislation of the Russian Federation.
7.2. The Institution provides information about its activities to state statistics bodies and tax authorities, founders of the Institution and other persons in accordance with the legislation of the Russian Federation.
7.3. The Management Board is responsible for the organization, condition and reliability of accounting in the Institution, timely submission of the annual report and other financial statements to the relevant authorities, as well as information about the activities of the Institution presented to the founders of the Institution, creditors and the media.
7.4. The institution stores the following documents:
Agreement on the establishment of the Institution;
Charter of the Institution, amendments and additions made to the charter of the Institution, registered in the prescribed manner, decision on the establishment of the Institution, document on state registration of the Institution;
Documents confirming the Institution’s rights to property on its balance sheet;
Internal documents of the Institution;
Regulations on the branch or representative office of the Institution;
Annual reports;
Accounting documents;
Accounting documents;
Minutes of general meetings, meetings of the Board, audit commission (auditor) of the Institution;
Conclusions of the audit commission (auditor) of the Institution, the auditor of the Institution, state and municipal financial control bodies;
Other documents provided for by federal legislation;
Other documents: _____________________________________________;
Other documents provided for by the internal documents of the Institution, decisions of the general meeting, the Board of the Institution, as well as documents provided for by legal acts of the Russian Federation.
The Institution is obliged to provide the founders of the Institution with access to the above documents.
7.5. To exercise control over the financial and economic activities of the Institution, the general meeting elects audit committee consisting of _____ founders for a period of ____________________. The retirement of individual members of the audit commission, as well as the intermediate election of its new members, are not grounds for shortening or extending the term of activity of the entire audit commission. For the work of the Institution's audit commission, its chairman is elected.
The institution has the right to elect only one auditor instead of the audit commission.
7.6. The competence of the audit commission (auditor) of the Institution includes the following powers:
Inspection (audit) of the financial and economic activities of the Institution based on the results of activities for the year, as well as at any time on the initiative of the audit commission (auditor), by decision of the general meeting (supervisory board) or at the request of the founder of the Institution;
Requesting from the management bodies of the Institution documents on financial and economic activities;
Convening a general meeting;
Drawing up a conclusion based on the results of the audit of financial and economic activities, which should contain:
Confirmation of the reliability of the data contained in the reports and other financial documents of the Institution;
Information about facts of violation of the procedure for maintaining accounting records and submitting financial statements established by legal acts of the Russian Federation, as well as legal acts of the Russian Federation when carrying out financial and economic activities;
- _____________________________________________________________________; (other information) - _____________________________________________________________________. (adding to the competence of the audit commission within the purpose of its formation - control over the financial and economic activities of the Institution)
7.7. The procedure for the activities of the audit commission (or auditor) of the Institution is determined by the internal document of the Institution - regulations (regulations, etc.) approved by the general meeting.
7.8. By decision of the general meeting, the founders of the audit commission (auditor) of the Institution, during the period of performance of their duties, are (not) paid remuneration and (or) compensated for expenses associated with the performance of their duties.
The amounts of such remunerations and compensations are established by a decision of the general meeting.
7.9. To audit the financial and economic activities of the Institution, the general meeting appoints and approves the auditor of the Institution.
7.10. The auditor carries out an audit of the financial and economic activities of the Institution in accordance with the legal acts of the Russian Federation on the basis of an agreement concluded between the Institution and the auditor. The amount of payment for the auditor's services is determined by the general meeting.
7.11. Government bodies control the activities of the Institution in accordance with Art. 38 of the Federal Law "On Public Associations".
8. SUSPENSION OF ACTIVITIES, REESTABLISHMENT AND LIQUIDATION OF AN INSTITUTION
8.1. The activities of the Institution may be suspended in accordance with Art. 42 of the Federal Law of May 19, 1995 N 82-FZ “On Public Associations”.
8.2. The institution may be reorganized in accordance with Art. 25 of the Federal Law of May 19, 1995 N 82-FZ “On Public Associations”.
8.3. An institution may be liquidated voluntarily in the manner prescribed by Art. Art. 61 - 64 of the Civil Code of the Russian Federation, taking into account the requirements of Art. Art. 18 - 21 of the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations".
8.4. An institution can be forcibly liquidated in accordance with Art. 26 or Art. 44 of the Federal Law of May 19, 1995 N 82-FZ “On Public Associations”.
8.5. From the moment the liquidation commission is appointed, the powers to manage the affairs of the Institution are transferred to it. The Board of Directors ceases its activities.
8.6. In the absence of a legal successor, documents of permanent storage that have scientific and historical significance are transferred for state storage to the archives of the association "____________________"; documents on personnel (orders, personal files, personal accounts, etc.) are transferred for storage to the archive of ____________________, on the territory of which the Institution is located. The transfer and organization of documents is carried out by and at the expense of the Institution in accordance with the requirements of archival authorities.
8.7. Upon liquidation of the Institution, the property remaining after satisfying the claims of creditors, unless otherwise established by Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” and other federal laws, is directed to the purposes for which it was created, and (or) to charitable purposes in the manner determined by the general meeting of the Institution (such a procedure may be established in the charter).
8.8. If the use of the property of the liquidated Institution, in accordance with its constituent documents, is not possible, it turns into state income.
9. INFORMATION ABOUT BRANCHES AND REPRESENTATIVES
9.1. The Institution has established a ____________________ branch at the address: _________________________.
9.2. ____________________ branch of the Institution performs the following functions:
9.3. The Institution has opened a ____________________ representative office at the address: _________________________.
9.4. ____________________ the representative office of the Institution performs the following functions:
- _____________________________________________________________;
- _____________________________________________________________.
10. PROCEDURE FOR INTRODUCING CHANGES AND ADDITIONS TO THE CHARTER
10.1. The issue of introducing amendments and additions to the charter of the Institution is submitted for consideration to the general meeting on the initiative of the Board or on the initiative of at least one third (____ percent, etc.) of the founders of the Institution.
10.2. Changes and additions to the charter approved by the general meeting are subject to state registration.
10.3. State registration of changes and additions to the charter of the Institution is carried out in the manner established by the current legislation of the Russian Federation.
10.4. Changes and additions to the charter of the Institution come into force from the moment of their state registration.
