In the Civil Code of the Russian Federation, the following forms of non-profit unitary legal entities: 1) Funds; 2) institutions; 3) autonomous non-profit organizations; four) religious organizations; 5) public legal companies.

Their founders do not acquire the rights of membership in them.

Fund - Unitary Non. commercial organizationWith no membership established by citizens and (or) legal entities based on voluntary property contributions and pursuing charities, cultural, educational or other social, socially useful goals.

The property transferred to the founder founders is the property of the Fund. Founders of the Foundation do not have property rights regarding the fund created by them and are not responsible for its obligations, and the Fund does not respond to the obligations of their founders.

The fund uses property for the purposes defined in its Charter.

Institution - Unitary non-profit organization created by the owner for the implementation of management, socio-cultural or other functions of a non-commercial nature. This is the only species non-Profit Organizationswho are not owners of their property.

The founder is the owner of the property of the institution created by him. The property assigned to the owner for the establishment and acquired by the institution for other reasons, it acquires the right to operational management.

The institution can be created by a citizen or legal entity (private institution) or according to the Russian Federation, the subject of the Russian Federation, municipal education (public institution, municipal Institution).

The institution is responsible for its obligations at his disposal. cash, and in cases established by law, also other property. In case of insufficiency of these cash or property, subsidiary liability for the obligations of the institution bears the owner of the relevant property. State or municipal institution may be government, budget or autonomous.

State and municipal institutions are not responsible for the obligations of owners of their property.

State institution Responsible according to its obligations at its disposal of cash. In case of insufficiency, the subsidiary responsibility for the obligations of the state institution bears the owner of his property.

State-financed organization Responsible according to their obligations to all of him on the right of operational property management, including acquired by income received from income-generating activities, with the exception of a particularly valuable movable property, enshrined at the budget institution by the owner of this property or acquired by budgetary institution at the expense of funds, allocated by the owner of his property, as well as real estate, no matter what grounds it entered the operational management budget institution And at the expense of what funds it was purchased.

Autonomous institution Responsible according to its obligations to all of him on the right of operational property management, with the exception of real estate and especially valuable movable property, enshrined behind the autonomous institution by the owner of this property or acquired by an autonomous institution at the expense of funds allocated by the owner of his property.

Its legal status is additionally regulated by the Federal Law of November 3, 2006 No. 174-FZ "On Autonomous Institutions".

Private institution Fully or partially financed by the owner of his property. A private institution is responsible for their obligations at its disposal. In case of the insufficiency of these funds, subsidiary responsibility for the obligations of a private institution bears the owner of his property.

Autonomous non-profit organization - Unitary non-profit organization that does not have membership and created on the basis of property contributions of citizens and (or) legal entities in order to provide services in the areas of education, health, culture, science and other spheres of non-profit activities. It can be created by one person.

The property transferred to the autonomous non-commercial organization by its founders is the property of an autonomous non-profit organization. Founders do not retain the rights to property transferred to the ownership of this organization.

The founders are not responsible for the obligations of the autonomous non-profit organization created by them, and it does not respond to their obligations.

The autonomous non-profit organization has the right to engage in entrepreneurial activities necessary to achieve the goals for which it has been created, and relevant to these purposes, creating business companies or participating in them to carry out entrepreneurial activities.

A person may at its discretion to get out of the founders of the autonomous non-profit organization.

Religious organization - voluntary association constantly and on legal grounds living in the territory of the Russian Federation citizens of the Russian Federation or other persons formed by them in order to joint confession and distribution of faith and registered in established by law order as a legal entity ( local religious organization), Combining these organizations ( centralized religious organization) And also created by the specified association in accordance with the Law on Freedom of Conscience and on Religious Associations in order to joint confession and dissemination of faith, the organization and (or) created by the specified association a guideline or coordinating body.

Civilian legal status Religious organizations determined by the Civil Code of the Russian Federation and the Federal Law of September 26, 1996 No. 125-FZ "On Freedom of conscience and religious associations".

In accordance with the changes submitted by the Federal Law of July 13, 2015 No. 216-FZ in Law No. 99-FZ, legal entities can be created in the organizational and legal form of a state corporation on the basis of federal Law.

In accordance with the Federal Law "On Non-Profit Organizations" state Corporation - This is not members of a non-profit organization established by the Russian Federation on the basis of a property contribution and established for the implementation of social, managerial or other socially useful functions. The state corporation is created on the basis of the Federal Law.

The property transferred to the State Corporation is its property. State Corporation does not answer obligations Russian FederationAnd the Russian Federation is not responsible for the obligations of the State Corporation, if the law providing for the creation of a state corporation is not provided for otherwise.

The State Corporation uses property for the purposes defined by the law providing for its creation. The State Corporation can carry out entrepreneurial activities only inspired, as it serves as the goals for which it has been created, and corresponding to these goals. Every year she is obliged to publish reports on the use of their property.

State company - non-profit organization that does not have membership and created by the Russian Federation on the basis of property contributions to provide public services and performing other functions using state property based on trust management. The state company is created on the basis of the Federal Law.

The law should define: name state company; goals of its activity; the procedure for managing its activities; financing procedure; The procedure for its reorganization and liquidation; The procedure for the use of the property of the state company in the event of liquidation.

The property transferred to the state-owned company by the Russian Federation as property contributions, as well as the created or acquired by the State Company as a result of its own activities, with the exception of property created by income received from the implementation of trust management activities, is the property of a state company, unless otherwise established federal law.

The state company is not responsible for the obligations of the Russian Federation, and the Russian Federation is not responsible for the obligations of the state company, if the law does not provide for otherwise.

The state company can carry out entrepreneurial activities only inspired, as this serves as the objectives of which it is created, and meets such purposes. She is obliged to publish reports on its activities.

Funds

The Fund recognizes a unitary non-profit organization that has no membership established by citizens and (or) legal entities based on voluntary property contributions and pursuing charitable, cultural, educational or other social, socially useful goals.

The Charter of the Foundation should contain information about the name of the Fund, which includes the word "Fund", the place of its location, the subject and purpose of its activities, on the bodies of the Fund, including the Higher Collegial Body and on the Board of Trustees, carrying out the overseeing of the Fund's activities, appointment officials Fund and their liberation from the performance of duties, the fate of the property of the Fund in the case of its liquidation.

Reorganization of the Fund Not allowed, with the exception of non-state pension funds.

The property transferred to the foundation by its founders (founder) is the property of the Fund. Founders of the Foundation do not have property rights regarding the fund created by them and are not responsible for its obligations, and the Fund does not respond to the obligations of their founders.

The fund uses property for the purposes defined in its Charter. Annually Foundation must be obliged to publish reports On the use of your property.

The Charter of the Foundation may be changed by the highest collegial body of the Foundation, if the charter does not provide for its change in the decision of the founder.

The Charter of the Fund may be changed by the court decision taken at the request of the Fund's Organs or state Bodyauthorized to oversee the activities of the Fund, if the consension of the Charter of the Fund continuously entails the consequences that it was impossible to anticipate under the establishment of the Fund, and the highest collegial body of the Fund or the founder of the Foundation does not change its charter.

The fund can be eliminated only on the basis of a court decision taken on the statement of interested persons in the event that:

1) the fund's property is not enough to carry out its goals and the likelihood of obtaining the necessary property is unrealistic;

2) the objectives of the fund cannot be achieved, and the necessary changes in the objectives of the Foundation cannot be produced;

3) the fund in its activities evade the purposes provided for by the Charter;

4) in other cases provided by law.

In the event of the liquidation of the Foundation, its property remaining after the satisfaction of creditors' claims is directed to the goals specified in the Fund's Charter, except if the law provides for the return of such property to the founders of the Foundation.

Institutions

The institution recognizes a unitary non-profit organization created by the owner for the implementation of management, socio-cultural or other functions of a non-commercial nature.

The institution can be created by a citizen or legal entity (private institution) or by the Russian Federation, a subject of the Russian Federation, a municipal formation (state institution, a municipal institution).

When creating a institution, a co-foundation of several persons is not allowed.

The founder is the owner of the property of the institution created by him. The property assigned to the owner for the establishment and acquired by the institution for other grounds, it acquires the right to operational management in accordance with this Code.

The institution responds with its obligations at its disposal by cash, and in cases established by law, also other property. In case of insufficiency of these cash or property, subsidiary liability for the obligations of the institution bears the owner of the relevant property.

The founder of the institution appoints his head that is a body of the institution. In cases and in the manner provided by law, the head of the state or municipal institution can be elected by its collegial body and argue with its founder. By decision of the founder, collegial bodies accountable to the founder can be created in the institution. Competence of collegial institutions, the procedure for their creation and decision-making decisions are determined by law and the charter of the institution.

Types of institutions:

State

Municipal

State or municipal institution It may be a state, budgetary or autonomous institution.

State and municipal institutions are not responsible for the obligations of owners of their property.

State institution Responsible according to its obligations at its disposal of cash. In case of insufficiency, the subsidiary responsibility for the obligations of the state institution bears the owner of his property.

State-financed organization Responsible according to their obligations to all of him on the right of operational property management, including acquired by income received from income-generating activities, with the exception of a particularly valuable movable property, enshrined at the budget institution by the owner of this property or acquired by budgetary institution at the expense of funds, His property identified by the owner, as well as real estate, no matter what grounds, it entered the operational management of the budgetary institution and at the expense of what funds it was purchased. For the obligations of a budgetary institution related to harm to citizens, in case of insufficient property of the institution, which, in accordance with paragraph, the first paragraph may be recovered, the subsidiary responsibility is the owner of the property of the budgetary institution.

Autonomous institution Responsible according to its obligations to all of him on the right of operational property management, with the exception of real estate and especially valuable movable property, enshrined behind the autonomous institution by the owner of this property or acquired by an autonomous institution at the expense of funds allocated by the owner of his property. According to the obligations of an autonomous institution related to harm to citizens, in case of insufficiency of the property of the institution, which, in accordance with paragraph, the first of this paragraph may be recovered, the subsidiary responsibility is the owner of the property of the autonomous institution. Annually an autonomous institution is obliged to publish reports on its activities and the use of property enshrined after it.

State or municipal institution can be transformed In the non-commercial organization of other organizational and legal forms in cases provided for by law.

Private institution Fully or partially financed by the owner of his property. A private institution is responsible for their obligations at its disposal. In case of the insufficiency of these funds, subsidiary responsibility for the obligations of a private institution bears the owner of his property.

Private institution can be transformed The founder in the autonomous non-commercial organization or fund.

Autonomous non-profit organizations

The autonomous non-profit organization recognizes a unitary non-profit organization that has no membership and created on the basis of property contributions of citizens and (or) legal entities in order to provide services in the fields of education, health, culture, science and other spheres of non-commercial activities.

Autonomous non-profit organization can be created by one person (may have one founder).

The charter of the autonomous non-profit organization should contain information about its name, including the words "autonomous non-profit organization", the location, subject and purpose of its activities, composition, the procedure for education and competence of the authorities of the autonomous non-commercial organization, as well as other information provided for by law.

The property transferred to the autonomous non-commercial organization by its founders is the property of an autonomous non-profit organization. The founders of the autonomous non-profit organization do not retain the rights to property transferred to the ownership of this organization. The founders are not responsible for the obligations of the autonomous non-profit organization created by them, and it does not respond to the obligations of their founders.

The autonomous non-profit organization has the right to engage in entrepreneurial activities necessary to achieve the goals for which it has been created, and relevant to these purposes, creating business companies or participating in them to carry out entrepreneurial activities.

A person may at its discretion to get out of the founders of the autonomous non-profit organization. By decision of the founders of the autonomous non-profit organization, adopted unanimously, new persons may be taken to its founders.

Autonomous non-profit organization by decision of its founders may be transformed to the foundation.

Control The activities of the autonomous non-profit organization carry out its founders in the manner prescribed by its charter approved by its founders.

By decision of the founders (founder) of an autonomous non-profit organization, a permanent collegial body (bodies) may be created in it, the competence of which is established by the charter of an autonomous non-profit organization. The founders (founder) of the autonomous non-profit organization are prescribed the sole executive body of the autonomous non-profit organization (Chairman, general Director etc.). One of its founders-citizens can be appointed to the sole executive body of the autonomous non-profit organization.

Religious organizations

A religious organization is recognized as a voluntary association constantly and on the legal basis of citizens living in the Russian Federation of the Russian Federation or other persons formed by them in order to joint confession and dissemination of faith and registered in accordance with the procedure established by law as a legal entity (local religious organization), association of these organizations (Centralized religious organization), as well as created by the specified association in accordance with the Law on Freedom of Conscience and on Religious Associations, in order to joint confession and dissemination of faith, an organization and (or) created by the specified association, a governing or coordinating body.

Religious organization can not be transformed The legal entity of another organizational and legal form.

The local religious organization is created in accordance with the Law on Freedom of Conscience and the Religious Associations at least than ten founding citizens, a centralized religious organization - at least three local religious organizations or another centralized religious organization.

The constituent document of the religious organization is the Charter approved by its founders or a centralized religious organization. The charter of the religious organization must contain information about its form, name and location, subject and purpose of its activities, composition, competence of its bodies and the procedure for making decisions, on the sources of its property, on the directions of its use and the procedure for the distribution of property remaining after it liquidation, as well as other information provided for by law on freedom of conscience and on religious associations.

The founder (founders) of a religious organization can carry out the functions of the Office or members of the Collegial Office of this religious organization in the manner prescribed in accordance with the Law on Freedom of Conscience and the Religious Associations by the Charter of the Religious Organization and internal establishments.

Religious organizations are owners owned by the property, including the property acquired or created by their own funds, as well as donated to religious organizations or those acquired by them on otherwise provided by law.

The worship property belonging to religious organizations cannot be recovered by the requirements of their creditors. The list of such property is determined in the manner prescribed by law on freedom of conscience and on religious associations.

The founders of the religious organization do not preserve property rights to property transferred by them of this organization in property.

The founders of religious organizations are not responsible for the obligations of these organizations, and these organizations are not responsible for the obligations of their founders.

Concept and types of transactions.

Deal - actions of citizens or legal entities aimed at establishing, changing or termination of civil rights and duties (art. 153 of the Civil Code of the Russian Federation), i.e. To call the legal consequence.

Through deals, the subjects of civil law establish, change or terminate their civil rights and responsibilities for their pronounced Overa, and in their interest (Article 1 of the Civil Code).

Signs of transactions:

1. The will - deterministic and motivated desire of the face to achieve the goal (the expression of the will of the person internally, due to which it becomes an affordable perception of other persons);

2. The basis of the transaction (purpose) is always legal, expressed in its legal result;

3. The motive is the foundation for the occurrence of a goal, a conscious need for transactions;

4. The legitimacy of the transactions is that it means that it has the qualities of a legal fact that generates those civil law consequences whose occurrence of persons who encourage the transaction and are determined by law for this transaction. Only legitimate actions are recognized as a transaction.

Some transactions consist only of one will (as such, for example, the issuance of powers - para. 1, 1 Art. 182 GK, a statement of competition - Art. 410 GK, acceptance of the inheritance - Art. 1152 GK, approval of the transaction - para. 2 . 1 tbsp. 26 GK). Many transactions are composed of several coordinated content. As examples of such transactions, it is possible to refer to the sale contract (clause 1 of article 454 of the Civil Code), the bank guarantee agreement (Article 368 of the Civil Code), a simple partnership agreement (paragraph 1 of Article 1041 of the Civil Code) and the debt forgiveness agreement ( Art. 415 GK).

Taking into account the said, the transaction is defined as the actual composition, which contains at least one or more willingness aimed at calling a certain legal consequence.

Conditions of reality of transactions

The reality of the transaction means the recognition of the qualities of a legal fact that generates the legal result to which the subjects of the transaction were striving. It is determined in the following conditions:

1. The legality of the content (compliance with the requirements of the law);

2. The ability of subjects committing it to participate in the transaction (PL and legal capacity of Yul);

3. Compliance of will and will;

4. Compliance with the shape of the transaction.

Main types of deals

1. One-sided, bilateral and multilateral;

2. compensated and gratuitous;

3. Real and consensual;

4. Causal and abstract;

5. Fiduciary and nefiduciary.

1.5 Non-Profit Unitary Organizations

Non-profit unitary organizations are funds, institutions, autonomous non-profit organizations, religious organizations, public legal companies. Their founders do not become parties to the legal entity and do not acquire membership in it.

Funds are organizations created to achieve cultural, educational, social, charitable and other socially useful goals. Examples are charitable, pension and public funds. Funds are established by individuals and legal entities based on voluntary property contributions. Business activities The Fund corresponding to its statutory goals involves the creation of economic societies or participation in them.

Institutions are organizations created by owners to solve social and cultural, managerial or other non-profit tasks. Institutions are state, municipal and private. Examples are ambulance stations, educational and educational institutions, social protection, culture and sports, as well as state and municipal authorities.

Autonomous non-profit organizations - organizations created on the basis of property contributions of citizens and (or) legal entities in order to provide services in the areas of education, health, culture, science and other areas of non-profit activities. Examples are the centers of additional professional education, non-state children's gardens, museums, youth development centers, private hospitals and clinics, sports clubs and wellness centers, legal and other consulting centers.

Religious organizations - voluntary association of citizens formed by them in order to joint confession and spread of faith. A feature is the impossibility of transforming into a legal entity of another organizational and legal form.

Public legal companies - innovation for Russia. It is assumed that these will be organizations operating in the interests of the state and society, endowed with public-legal functions and powers. Such companies are created on the basis of the law or decision of the Government of Russia. Legislation on public legal companies has not yet been accepted.

Summing up, we indicate that by general rule The property transferred to non-commercial unitary organizations by their founders and participants becomes their property. Their participants and founders are not responsible for the obligations of such organizations, and it does not respond to the obligations of their founders and participants. Founders do not retain the rights to property transferred to the ownership of such organizations.

Having considered individual and collective entrepreneurship through the prism of organizational and legal forms, we found out that organizations are commercial and non-commercial, corporate and unitary. Each of the forms best satisfies the needs of certain enterprises or entrepreneurship in a certain sphere or a special way. Separate spheres and the needs of citizens, the state satisfies independently through unitary enterprises. Otherwise, the choice of this or that organizational and legal form makes the subject of entrepreneurship.

Public and other institutions

Non-commercial organizations are a kind of legal entities. In this regard, first of all, we briefly consider the concept and signs of a legal entity. Not all organizations are legal entities ...

Civil law of non-commercial organizations

The recognition of the organization by a legal entity indicates the presence of civil legal capacity, i.e. Ability to have civil rights or carry civilian duties ...

Commercial and non-commercial organizations

Non-commercial organizations and their activities are regulated by Art. The 50 Civil Code of the Russian Federation, the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations", as well as laws ...

Intermunicipal cooperation

According to the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of the Organization local governments In the Russian Federation "(st ...

Non-commercial organizations

Non-commercial organizations as a social institution of a civil society

The term "non-profit organization" has western origins and is used in research practice from the 90s. Twentieth century ...

Non-profit legal entities, public, religious organizations, funds

A non-profit organization is a legal entity that does not have the extraction of profit as the main goal of its activities and does not distribute the profit between the participants (paragraph 1 of Art. 50 GK; p. 1 st ...

Organizational and legal forms of non-profit organizations and their activities

Partnership owners of housing. Based on the Federal Law "On Partnerships of Housing Owners" from 15.06.96. The partnership of the owners of the housing is a non-profit organization ...

Organizational and legal forms of entrepreneurship

Commercial unitary organizations are state and municipal unitary enterprises, a unitary provisional enterprise. Unitary enterprise is a commercial organization that is not entitled to property ownership ...

The concept and features of non-commercial organizations

Non-profit legal entities may have organizations that do not have an extraction of profit as the main goal and not distributing the profit between the participants ...

Forms of states in foreign countries

Unitary statehood is the most common form of the state device. The unitarism is characterized by the overwhelming majority of states that were formed after the colonial system decay ...

Legal entity as a subject of civil law

The non-profit organization is a legal entity that does not have an extraction of profit as the main goal of the activity and not distributing the profit between the participants of the Federal Law of 12.01.96 No. 7-FZ (ed. From 07.07.99) "On non-commercial organizations" ...

(introduced by Federal Law of 05.05.2014 N 99-FZ)

Article 123.17. Basic Regulations on the Fund

1. The Foundation for the purposes of this Code is recognized as a unitary non-profit organization that has no membership established by citizens and (or) legal entities based on voluntary property contributions and pursuing charitable, cultural, educational or other social, socially useful goals.

2. The Charter of the Fund must contain information on the name of the Fund, which includes the word "fund", the place of its location, the subject and purpose of its activities, on the bodies of the Fund, including the Higher Collegial Body and the Board of Trustees, carrying out the overseeing of the Fund's activities The appointment of officials of the Foundation and their liberation from the fulfillment of duties, the fate of the property of the Fund in the case of its liquidation.

3. The reorganization of the Fund is not allowed, except in the cases provided for in paragraph 4 of this article.

4. The legal status of non-state pension funds, including cases and procedure for their possible reorganization, is determined by this article and Articles 123.18 - 123.20 of this Code, taking into account the features provided for by law on non-state pension funds.

Article 123.18. Property Fund

1. The property transferred to the founder's founder (founder) is the property of the Fund. Founders of the Foundation do not have property rights regarding the fund created by them and are not responsible for its obligations, and the Fund does not respond to the obligations of their founders.

2. The fund uses property for the purposes defined in its Charter.

Article 123.19. Foundation Management

1. Unless otherwise provided by law or other legal ActThe exceptional competence of the Supreme Colleaginal Body of the Fund includes:

determination of priority areas of the Fund, the principles of education and the use of its property;

education of other bodies of the Fund and early termination of their powers;

approval of annual reports and annual accounting (financial) fund reporting;

making decisions on the establishment of a fund of economic societies and (or) on the participation of the fund in them, except in cases where the Charter of the Fund's decision-making on the specified issues is related to the competence of other collegial bodies of the Fund;

(as amended by Federal Law of 08.03.2015 N 42-FZ)

making decisions on the establishment of branches and (or) on the opening of representative offices of the Fund;

changing the Charter of the Fund, if this feature is provided for by the charter;

approval of the transactions committed by the Fund in cases provided by law.

The law or charter of the Foundation to the exclusive competence of the Supreme Colleaginal Body of the Fund may include decision-making on other issues.

2. The highest collegial body of the Foundation elects the sole executive body of the Fund (Chairman, General Director, etc.) and may appoint a collegial executive body of the Fund (Board) or another collegial body of the Fund, if the law or other legal act specified powers are not attributed to competence Foundation Foundation.

(as amended by Federal Law of 08.03.2015 N 42-FZ)

The competence of the sole executive and (or) collegial bodies of the Foundation includes the solution of issues that are not included in the exclusive competence of the Supreme Colleaginal Body of the Fund.

(as amended by Federal Law of 08.03.2015 N 42-FZ)

3. Persons authorized to speak on behalf of the Foundation are obliged at the request of the members of its highest collegial body acting in the interests of the Fund, in accordance with Article 53.1 of this Code to compensate the losses caused by the fund they.

4. The Board of Trustees of the Foundation is the body of the Foundation and supervises the activities of the Fund, adopting other authorities of the Decision Fund and ensuring their execution, using the Fund's funds, compliance with the Fund of the Legislation. The Board of Trustees of the Foundation operates on a public basis.

Article 123.20. Change the statute and liquidation of the Fund

1. The Charter of the Foundation may be changed by the highest collegial body of the Fund, if the charter does not provide for the possibility of its change by decision of the founder.

The Charter of the Foundation may be changed by the court decision, adopted at the request of the Fund or the State Body authority, authorized to supervise the activities of the Fund, in case the preservation of the Fund's charter is unchanged the consequences that it was impossible to anticipate when establishing the Fund, and the highest collegial body of the Fund Or the founder of the Foundation does not change its charter.

2. The fund can be eliminated only on the basis of a court decision taken on the statement of interested persons in the event that:

1) the fund's property is not enough to carry out its goals and the likelihood of obtaining the necessary property is unrealistic;

2) the objectives of the fund cannot be achieved, and the necessary changes in the objectives of the Foundation cannot be produced;

3) the fund in its activities evade the purposes provided for by the Charter;

4) in other cases provided by law.

3. In the event of the liquidation of the Foundation, its property remaining after the satisfaction of creditors' claims is directed to the goals specified in the Fund's Charter, except if the law provides for the return of such property to the founders of the Fund.

2. Institutions

Article 123.21. Basic provisions on institutions

1. The institution recognizes a unitary non-profit organization created by the owner for the implementation of management, socio-cultural or other functions of a non-commercial nature.

The founder is the owner of the property of the institution created by him. The property assigned to the owner for the establishment and acquired by the institution for other grounds, it acquires the right to operational management in accordance with this Code.

2. The institution can be created by a citizen or a legal entity (private institution) or by the Russian Federation, a subject of the Russian Federation, a municipal formation (state institution, a municipal institution).

ConsultantPlus: Note.

The institution created before the day of the entry into force of the Federal Law of 05.05.2014 N 99-FZ by several founders is not subject to liquidation under the indicated basis. Such an institution (with the exception of a state or municipal institution) by decision of its founders can be transformed into an autonomous non-profit organization or fund.

When creating a institution, a co-foundation of several persons is not allowed.

3. The institution is responsible for its obligations at its disposal, and in cases established by law, also other property. In case of insufficiency of these cash or property, subsidiary responsibility for the obligations of the institution in cases provided for in paragraphs 4 - 6 of Article 123.22 and paragraph 2 of Article 123.23 of this Code, the owner of the relevant property bears.

4. The founder of the institution appoints his head that is a body of the institution. In cases and in the manner provided by law, the head of the state or municipal institution can be elected by its collegial body and argue with its founder.

By decision of the founder, collegial bodies accountable to the founder can be created in the institution. Competence of collegial institutions, the procedure for their creation and decision-making decisions are determined by law and the charter of the institution.

Article 123.22. State Institution and municipal institution

1. The state or municipal institution may be a stateless, budgetary or autonomous institution.

2. The procedure for financial support for state and municipal institutions is determined by law.

3. State and municipal institutions are not responsible for the obligations of owners of their property.

4. A state institution is responsible for its obligations at its disposal of cash. In case of insufficiency, the subsidiary responsibility for the obligations of the state institution bears the owner of his property.

5. The budgetary establishment is responsible for its obligations to all of him on the right of operational property management, including those purchased from the income received from the income-generating activities, with the exception of a particularly valuable movement of property enshrined at the budget institution by the owner of this property or acquired by the budgetary institution. At the expense of funds allocated by the owner of his property, as well as real estate, no matter what grounds it entered the operational management of the budgetary institution and, at the expense of what funds it was purchased.

For the obligations of a budgetary institution related to harm to citizens, in case of insufficient property of the institution, which, in accordance with paragraph, the first paragraph may be recovered, the subsidiary responsibility is the owner of the property of the budgetary institution.

6. The autonomous institution is responsible for its obligations to all of him on the right of operational property management, with the exception of real estate and especially valuable movable property, enshrined behind the autonomous institution by the owner of this property or acquired by an autonomous institution at the expense of funds allocated by the owner of his property.

According to the obligations of an autonomous institution related to harm to citizens, in case of insufficiency of the property of the institution, which, in accordance with paragraph, the first of this paragraph may be recovered, the subsidiary responsibility is the owner of the property of the autonomous institution.

7. The state or municipal institution can be transformed into a non-profit organization of other organizational and legal forms in cases provided for by law.

8. Features of the legal status of state and municipal institutions of individual types are determined by law.

Article 123.23. Private institution

1. A private institution is fully or partially funded by the owner of his property.

2. The private institution is responsible for their obligations at its disposal. In case of the insufficiency of these funds, subsidiary responsibility for the obligations of a private institution bears the owner of his property.

3. A private institution can be transformed by the founder in an autonomous non-commercial organization or fund.

3. Autonomous non-profit organizations

Article 123.24. The main provisions on the autonomous non-profit organization

1. The autonomous non-profit organization recognizes a unitary non-profit organization that has no membership and created on the basis of property contributions of citizens and (or) legal entities in order to provide services in the fields of education, health, culture, science and other spheres of non-profit activities.

Autonomous non-profit organization can be created by one person (may have one founder).

2. The charter of the autonomous non-profit organization should contain information on its name, including the words "autonomous non-profit organization", the location, subject and purpose of its activities, composition, the procedure for education and competence of the authorities of the autonomous non-commercial organization, as well as other information provided for by law.

3. The property transmitted by the autonomous non-profit organization by its founders is the property of an autonomous non-profit organization. The founders of the autonomous non-profit organization do not retain the rights to property transferred to the ownership of this organization.

The founders are not responsible for the obligations of the autonomous non-profit organization created by them, and it does not respond to the obligations of their founders.

4. The founders of the autonomous non-profit organization can use its services only on equal terms with other persons.

5. Autonomous non-profit organization has the right to engage in entrepreneurial activities necessary to achieve the goals for which it has been created, and relevant to these purposes, creating business companies to carry out entrepreneurial activities or participating in them.

6. A person may at its discretion from the founders of the autonomous non-profit organization.

By decision of the founders of the autonomous non-profit organization, adopted unanimously, new persons may be taken to its founders.

7. Autonomous non-profit organization by decision of its founders can be transformed into the fund.

8. In terms of not regulated by this Code, the legal status of autonomous non-commercial organizations, as well as the rights and obligations of their founders are established by law.

Article 123.25. Offline control non-commercial organization

1. The management of an autonomous non-profit organization is carried out by its founders in the manner prescribed by its charter approved by its founders.

2. By decision of the founders (founder) of an autonomous non-profit organization, a permanent collegial body (bodies) may be created in it, the competence of which is established by the charter of the autonomous non-profit organization.

3. The founders (founder) of the autonomous non-profit organization are prescribed the sole executive body of an autonomous non-profit organization (chairman, general director, etc.). One of its founders-citizens can be appointed to the sole executive body of an autonomous non-profit organization.

4. Religious organizations

Article 123.26. Basic provisions on religious organizations

1. The religious organization recognizes the voluntary association constantly and on the legal basis of citizens living in the Russian Federation of the Russian Federation or other persons formed by them in order to joint confession and dissemination of faith and registered in accordance with the procedure established by law as a legal entity (local religious organization), association These organizations (centralized religious organization), as well as created by the specified Association in accordance with the Law on Freedom of Conscience and on Religious Associations in order to joint confession and dissemination of faith, the organization and (or) created by the specified association a governing or coordinating body.

2. The civil law status of religious organizations is determined by this Code and the Law on Freedom of Conscience and the Religious Associations. The provisions of this Code apply to religious organizations, unless otherwise established by law on freedom of conscience and religious associations and other laws.

Religious organizations operate in accordance with their charters and internal institutions that are not contradictory.

The procedure for the formation of the agencies of the religious organization and their competence, the procedure for making decisions by these bodies, as well as the relationship between the religious organization and persons belonging to its bodies, are determined in accordance with the law on freedom of conscience and on religious associations by the charter and internal establishments of a religious organization.

(paragraph 2 as amended by Federal Law of 06.04.2015 N 80-FZ)

3. A religious organization cannot be transformed into a legal entity of another organizational and legal form.

Article 123.27. Founders and charter of a religious organization

1. The local religious organization is created in accordance with the Law on Freedom of Conscience and on religious associations at least ten founders, a centralized religious organization - at least three local religious organizations or another centralized religious organization.

2. The constituent document of the religious organization is the Charter approved by its founders or a centralized religious organization.

The charter of the religious organization must contain information about its form, name and location, subject and purpose of its activities, composition, competence of its bodies and the procedure for making decisions, on the sources of its property, on the directions of its use and the procedure for the distribution of property remaining after it liquidation, as well as other information provided for by law on freedom of conscience and on religious associations.

3. The founder (founders) of a religious organization can fulfill the functions of the Office or members of the Collegial Office of this religious organization in the manner prescribed in accordance with the Law on Freedom of Conscience and the Religious Associations by the Charter of the Religious Organization and internal establishments.

Article 123.28. Property of a religious organization

1. Religious organizations are owners of the property belonging to them, including the property acquired or created by their own funds, as well as donated to religious organizations or those acquired by them on other grounds provided by law.

2. The property of liturgical assignment belonging to religious organizations cannot be recovered by the requirements of their creditors. The list of such property is determined in the manner prescribed by law on freedom of conscience and on religious associations.

3. The founders of the religious organization do not retain property rights to property transferred by them of this organization in ownership.

4. The founders of religious organizations are not responsible for the obligations of these organizations, and these organizations are not responsible for the obligations of their founders.

From September 1, 2014, the changes made to the Civil Code of the Russian Federation concern for the creation and activities of non-profit organizations.

In accordance with the norms of the Federal Law of 05.05.2014 No. 99-FZ "On Amendments to Chapter 4 of the First Civil Code of the Russian Federation and recognition of the individual provisions of the legislative acts of the Russian Federation", which enters into force on September 1, 2014, all legal Persons, including non-commercial organizations, will be divided into corporate (with the Institute of Membership) and unitary.

So, K. corporate non-commercial organizations consumer cooperatives, public organizations, associations (unions), real estate owners, Cossack societies entered in state Register Cossack societies in the Russian Federation, as well as communities of indigenous minorities of the Russian Federation.

TO unitary non-commercial organizations In turn, funds include funds (state, municipal and private), autonomous non-profit organizations and religious organizations.

In addition, according to the published law, a closed list of organizational and legal forms of non-commercial organizations is envisaged. It consisses 11 possible forms to create non-profit organizations: consumer cooperatives; Public organizations (including political parties and trade unions, TOMOS); associations (alliances); Association of property owners (including housing); Cossack society; communities of the indigenous minorities of the Russian Federation; Funds (including public and charitable); institutions (state, municipal, private); autonomous non-profit organizations; religious organizations; Public legal companies.

In non-profit organizations, the charter of which provides for the implementation of income-generating activities, there is a need to have property to be a market value of equally minimal amounts of share capital provided for societies with limited liability. At the moment, this amount is 10 thousand rubles. Members public organizations Early citizens will now be recognized, no other subjects, including public associations, are not given the right to enter into a public organization.

In accordance with the transitional provisions of the draft law, re-registration of legal entities, including non-commercial organizations, is not required. However, constituent documents, as well as the names of non-commercial organizations, are subject to bringing in line with the new norms of chapter 4 Civil Code RF for the first change constituent documents Such legal entities. In this case, the collection of state duty is not provided.

Regarding non-profit organizations established before the day of the official publication of the Federal Law (from May 5, 2014), the rule on the presence of a sufficient activity for the implementation of income-generating activities, the property of the market value of equally minimal amount of the authorized capital provided for the limited liability companies is applied from 1 January 2015, provided that such activities are provided for by the charter of a non-profit organization.

According to issues, registration and changes of constituent documents, stakeholders may contact the management at the address of Cherkessk, ul. Komsomolskaya, 23, by e-mail [Email Protected], by calls: 25-66-94, 25-07-69, 25-19-51, 25-25-89.