What is the Fund?
Often business owners turn to the question of further perspectives of creation of such forms of non-profit organizations as a Foundation. In this article in a multiple form set out the main features of this organizational form.
According to the latest changes in the civil code of the Russian Federation, the Fund recognizes a unitary non-commercial organization not having membership, founded by citizens and (or) legal entities based on voluntary property contributions and pursuing charitable, cultural, educational or other social useful purposes.
From this we can draw the main features of the Fund:
1) the Organization has no membership.
2) Establishing the Fund entity is not liable for the obligations of the Fund, and the Fund is not liable for the obligations of persons who organized it.
3) the objectives of the Fund must be socially-oriented goals.
In addition to the Fund, like all non-profit organizations presumen the most important feature, namely that the Fund has as a main objective of its activities deriving of profit, but it can osuschestvlyat economic activity to fulfil its statutory objectives.
With regard to the organization of the Fund:
At the first meeting, the founders agree to the Charter of such Fund, and shall take the decision on its establishment.
The procedure of registration is stipulated by the Administrative regulations of granting by the Ministry of justice of the Russian Federation of the state service in decision making about public organizations non-profit organizations.
List of documents for registration the following:
1) a statement signed by an authorized person with indication of his surname, name, patronymic, place of residence and contact telephones;
constituent documents of a nonprofit organization;
2) the decision on creation of non-profit organization and on approval of its constituent documents specifying the composition of the elected (appointed) bodies;
3) information about the founders (listed in the Annex to the statement);
4) document confirming payment of state duty the fee is 4 000 rubles)
5) information on address (location) of constantly operating body of the nonprofit organization, which provides communication with a non-profit organization (specified in the relevant column of the application);
It is important to note that the regulation sets out clear requirements for the number and paperwork. So all documents, except documents submitted in electronic form, and the constituent documents of a nonprofit organization, shall be submitted for the state registration in two copies, one of which must be original.
Incorporation documents are submitted in three original copies, except for documents presented in electronic form.
Two copies of constituent documents, submitted for state registration shall be stitched and certified by the signature of the applicant or notary.
The leaves are all instances of constituent documents, submitted for state registration, must be numbered. Documents containing more than one sheet shall be stitched, numbered, and signed by the applicant on the back of the last sheet in the sewing place.
So by the applicant when applying could be the founder of the Fund or its Manager.
The registration period is not more than 17 business days.
After the decision information sent to the registration authority for inclusion in the register.
As for the controls:
The Fund generally has the following organizational structure.
The highest collegial management body — the Board of Trustees. The procedure for the election and appointment of new members is quite soft and allows you to specify in the Charter the most acceptable scheme of appointment of its members.
The powers of the Board of Trustees includes, as a rule:
1) supervise the activities of the Fund and compliance with the legislation of the Russian Federation.
2) amendments to the Charter of the Fund.
3) Determination of priority directions of activity of Fund, principles of formation, the use of the Fund and its property.
4) Review and approval of the annual report of the Fund, the accounting (financial) statements.
5) consideration of the reports of the Board on the activities of the Fund.
6) supervision of the adoption Board decisions and ensuring their execution, approval of results of GEF projects.
7) establishment of the audit Commission of the Foundation, approval of the regulations on the audit Commission of the Foundation.
8) Determination of audit organization, approval of the size of her remuneration.
9) Making decisions on creation of branches and opening of representative offices of the Fund, approval of regulations on branches and representative offices of the Fund.
10) approval of the Board.
Current activities the Fund is administered by the Board of the Foundation elected by the Board of Trustees. The Chairman of this Board acts as an analog of the General Director in commercial structures, acting on behalf of the Fund without power of attorney.
Powers Of The Board:
— organization of activities of the Foundation;
— ensuring the implementation of decisions of the Board;
— regular informing of the Board of Trustees on the activities of the Fund;
— approval of the financial plan (budget) of the Fund and the amendments to it;
— the order property of the Fund;
— approve the staffing table;
— preparation of issues for discussion by the Fund's Board of Trustees.
The Powers Of The Chairman Of The Board:
— takes decisions and issues orders on the issues of the Fund;
— manages within approved by the Board of estimates the Fund, enters into contracts, carries out other legal actions on behalf of the Foundation, acquires the property and manages it opens and closes accounts in banks;
— addresses issues of economic and financial activity of the Fund;
— hires and dismisses employees of the Fund, approves their duties in accordance with the staffing table approved by the Board;
— supervises the activities of branches and representative offices of the Foundation;
— responsible within its competence for the use of funds and property of the Fund in accordance with its statutory goals;
— organizes the preparation and conduct of meetings of the Board;
— organizes accounting and reporting;
— resolves all issues that are not within the competence of the Board of Trustees of the Board.
The Fund:
Typically the Fund consists of the following parts:
1) Own funds (obtained in the result of EQ.activities)
2) Budget funds (in implementation of important social and public projects)
3) Donations from business and citizens (the most great article of the income of the Fund)
Not to mention an important point associated with the liquidation of the Fund, and, as a consequence of the limitations of his activities:
The Fund can be liquidated only on the basis of a decision of the court on application by interested parties (Board of Trustees), if:
1) the assets of the Fund are insufficient to implement its objectives and probability of obtaining necessary property is unrealistic;
2) the purpose of the Fund cannot be reached and appropriate changes of Foundation's objectives cannot be made;
3) the Foundation in its activity avoids the objectives stipulated in the Charter;
Thus, in the current activities of the Fund, the most important is to conduct EC. activities in compliance with its constituent documents
Features of the Fund from other NGOs:
1) Lack of membership, i.e. the person who created the Foundation cannot be directly involved in its management.
2) the Fund is an owner transferred his property
3) the assets of the Fund after the liquidation is not distributed between participants due to the lack of membership.