Project 50
The Law basis
 
«A nonprofit membership organization founded by people and/or legal entities in order to assist its members in carrying out their activities aimed at reaching the objectives provided for in paragraph 2 of Article 2 of the present Federal Law, is considered a nonprofit partnership.

Property, transferred to a nonprofit partnership by its members, becomes  the partnership property. Members of a nonprofit partnership are not liable for the obligations of the partnership, and a nonprofit partnership is not liable for the obligations of its members.

2. A nonprofit partnership is entitled to be engaged in business activities in line with its stated goals.

3. Members of a nonprofit partnership have the right to:
    ž participate in managing the work of the partnership;
    ž receive information on the work of the nonprofit partnership in the way it is stipulated in the Charter;
    ž terminate their membership at their own discretion;
    ž if the contrary is not stipulated by a federal law or the nonprofit partnership Charter, on the termination of membership receive part of the nonprofit partnership property, or the cost of this part within the cost of the property, transferred into possession by the nonprofit partnership members, except membership dues, in the way it is stipulated in the Charter;
    ž In case of liquidation of the nonprofit partnership, receive the part of their property left after clearing with creditors, or the cost of it within the cost of the property transferred into possession of the nonprofit partnership by its members if the contrary is not stipulated by a federal law or the nonprofit partnership Charter.

4. A member can be expelled from the partnership on the resolution of the rest of the members in cases/and according to the procedure stipulated by  the nonprofit partnership Charter.
A member expelled from the nonprofit partnership can receive a part of its property, or cost of this part according to paragraph 5 of point 3 of the present article.

5. Nonprofit partnership members can also have other rights stipulated by its Charter and not contradicting to the Law.»

No other legal status (except associations of legal entities) allows to have membership, and therefore they are not likely to suit us.

According to Article 18.2 of the  Federal Law, a nonprofit organization is set up by promoters. A group of people that are interested in realization of the Project can apparently be such promoters.

According to Article 14.3 of the  Federal Law, a charter should identify the name of a nonprofit organization, which is to indicate the character of its activity and its legal status, its location, managing procedure, the subject and the purposes of its activities, its subsidiaries and local offices, the rights and responsibilities of its members,  admission / membership termination procedure, the sources of property formation, procedure of amending the nonprofit organization Charter, utilization of  its property in case of liquidation, and other legal provisions.

Article  26 of the Federal Law acknowledges the following sources of property formation:
    ž  regular or one-time payments by promoters ( participants, members );
    ž  money or property donations ;
    ž  earnings by providing goods or service;
    ž  stock and other investment dividends;
    ž  income from a nonprofit organization property;
    ž  other incomes not prohibited by law.

The procedure of regular investments by promoters ( participants, members ) is determined in the Charter of a nonprofit organization.
Profit gained by a nonprofit organization is not to be divided among participants/members of the nonprofit organization.

According to Article 28 of the Federal Law, the executive bodies’ structure, terms of reference, functioning procedure and term of authority as well as decision making procedure and their acting on behalf of organization are determined by its Charter in conformity with the law.

According to Article 29.1 of the Federal Law, the top managing body of a nonprofit partnership is the general meeting of its members.

Article 29.3 identifies questions related to the competence of the general meeting and some of those that can be delegated to a managing board.
 

pelic98@chat.ru
 
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