of December 30, 2006 No. 275-FZ
About procedure for forming and use of the target capital of non-profit organizations
Accepted by the State Duma on December 22, 2006
Approved by the Federation Council on December 27, 2006
This Federal Law governs the relations arising during the forming, replenishment and disbandment of the target capital of non-profit organizations, in case of property trust management, constituting the target capital of non-profit organizations, when using of income gained from property trust management, constituting the target capital of non-profit organizations, and also determines features of legal status of the non-profit organizations creating the target capital. Features of forming of the target capital of non-profit organizations at the expense of budgetary funds and feature of trust management of it in this case can be established by other Federal Laws.
2. Operation of this Federal Law does not extend to the relations connected with receipt of donations by non-profit organizations and also with revenue-producing activities of non-profit organizations if non-profit organizations do not create the target capital.
For the purposes of this Federal Law the following basic concepts are used:
1) the target capital of non-profit organization (further also - the target capital) - part of property of non-profit organization which is created and replenished at the expense of the donations brought according to the procedure and for the purpose of which are provided by this Federal Law and (or) at the expense of the property received according to the will and also at the expense of the unused income from trust management of the specified property and is delivered by non-profit organization in trust management of managing company for the purpose of the income acquisition used for financing of authorized activities of such non-profit organization or other non-profit organizations, according to the procedure, established by this Federal Law;
2) the income from the target capital - the income from property trust management, constituting target capital, and also the part of the property constituting the target capital, determined according to this Federal Law which are transferred to receivers of the income from the target capital;
3) the income from property trust management, constituting the target capital, - the amount determined as value addition of net assets as a result of property trust management, constituting the target capital, for the accounting period;
4) non-profit organization - the owner of the target capital - the non-profit organization created in form of business of fund, autonomous nonprofit organization, public organization, public fund or religious organization;
5) the specialized organization of management of the target capital (further - the specialized organization) - non-profit organization - the owner of the target capital created in form of business of fund only for forming of the target capital, use, income distribution from the target capital for benefit of other receivers of the income from the target capital according to the procedure, provided by this Federal Law;
6) donors - the physical persons or legal entities performing donations to the non-profit organizations provided by this Federal Law on forming or replenishment of the target capital by means of transfer into the ownership of non-profit organizations of money, securities, real estate;
7) receivers of the income from the target capital - non-profit organizations, except for the state corporations, political parties and social movements. Receiver of the income from the target capital of non-profit organization - the owner of the target capital, not being the specialized organization, is only this non-profit organization;
8) managing company - the joint-stock company, society with limited (additional) liability created in accordance with the legislation of the Russian Federation and having license for activities on management of securities or license for activities on management of investment funds, mutual investment funds and non-state pension funds.
1. Forming of the target capital and use of the income from the target capital can be performed for the purpose of use in education, sciences, health cares, cultures, physical culture and sport (except for professional sport), arts, archiving, the public assistance (support), environmental protection, rendering to citizens free legal aid and implementation of their legal education, functioning of the national obligatory public TV channel of public television, and also for the purpose of, provided by the Federal Law of August 11, 1995 No. 135-FZ "About charity and volunteering (volunteering)".
2. Forming of the target capital and use, income distribution from the target capital on other purposes, the purposes except for provided by this Article, are not allowed.
3. The specialized organization has the right to use on the administrative and managerial expenses connected with forming and replenishment of the target capital, with the implementation of the activities financed for the income account from the target capital, no more than 15 percent of income amount from property trust management, constituting the target capital, or no more than 10 percent of the amount of the income from the target capital which arrived for accounting year. Such expenses are, in particular, payment of lease of rooms, buildings and constructions, expenses on acquisition of fixed assets and consumable materials, expenses on carrying out audit, salary payment to employees of non-profit organization, expenses on management of non-profit organization or its separate structural divisions, expenses on acquisition of services in management of non-profit organization or its separate structural divisions.
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