of October 15, 1999 No. 111
About non-profit organizations
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on October 1, 1999
This Law governs the public relations arising in connection with creation, activities, reorganization and liquidation of non-profit organizations, including the foreign non-profit organizations operating in the territory of the Kyrgyz Republic.
Operation of this Law extends to the non-profit organizations formed in the form of public associations, funds and organizations. Operation of this Law does not extend to political parties, labor unions, the religious organizations and cooperatives, the status, procedure for creation and which principles of activities are regulated by the separate laws of the Kyrgyz Republic.
The non-profit organization - the voluntary self-governed organization created by physical and (or) legal entities on the basis of community of their interests for realization of spiritual or other non-material needs in interests of the members and (or) all society for which generation of profit is not main objective of activities and the got profit is not shared between members, founders and officials.
Legal and capable physical persons irrespective of place of registration of legal entities and the residence or nationality of physical persons can be founders of non-profit organizations.
Legal entities and physical persons irrespective of place of registration of legal entities and the residence or nationality of physical persons can be members of non-profit organizations.
Non-commercial activities - the activities performed by legal and (or) physical persons individually or jointly, with education or without education of the independent legal entity and not setting as main objective generation of profit. Each participant of the non-commercial activities performed without education of the independent legal entity in case of damnification to the third parties bears responsibility on its compensation according to the legislation.
Public association - voluntary consolidation of the citizens who united on the basis of community of their interests for satisfaction of spiritual and other non-material needs.
Fund - the organization which does not have membership founded by physical and (or) legal entities on the basis of voluntary property contributions and pursuing social, charitable, cultural, educational or other socially useful purposes.
Organization - the organization created by the owner for implementation of managerial, welfare or other functions of non-commercial nature and financed fully or partially by this owner.
Property of non-profit organization - any property of non-profit organization, its property and non-property rights, its income from business and other activity, and also the commercial information about its activities.
All non-profit organizations are created and act on the basis of voluntariness, self-government, legality, publicity and openness.
Participation or nonparticipation of the citizen in activities of non-profit organization cannot form the basis for restriction of its rights and freedoms.
The legislation of the Kyrgyz Republic on work, social security and medical insurance extends to permanent members of staff of non-profit organization.
The state guarantees to non-profit organizations of condition for accomplishment of authorized tasks by them. State bodies and officials provide observance of the rights and legitimate interests of non-profit organizations according to the Constitution and the legislation of the Kyrgyz Republic and give support of their activities.
The state support can be provided in the form of target financing of separate socially useful programs of non-profit organizations, and also in other forms which are not forbidden by the legislation.
Intervention of state bodies or officials in activities of non-profit organizations as well as intervention of non-profit organizations in activities of state bodies and officials is not allowed, except cases when it is provided by the law.
Non-profit organizations acquire the rights of the legal entity from the date of their state registration.
Non-profit organizations can be created with education or without formation of legal entity in the form of public associations, funds and organizations.
Non-profit organizations for the purpose of activities coordination, and also representation and protection of common interests can create among themselves under the agreement associations in the form of non-commercial associations or the unions.
General provisions of this Law, and also the provisions regulating public associations extend to associations (unions).
Non-profit organizations can create branches and open representations in the territory of the Kyrgyz Republic and abroad according to the legislation.
Branches and representative offices of non-profit organizations are not legal entities, are allocated with property of the organization which created them and act on the basis of the provision approved by it. The property of branch or representation is considered on separate balance and on balance, the non-profit organization which created them.
The head of branch (representation) is appointed by non-profit organization and acts on the basis of the power of attorney, this organization issued by authorized body.
The branch (representation) performs the activities on behalf of the organization which created them. Responsibility for activities of branch (representation) is born by the organization which created them.
Registration of non-profit organizations is performed according to the legislation on state registration of legal entities.
Requirements of the charter of non-profit organization are obligatory for execution by the organization, her founders, members (for public associations), officials and governing bodies.
In the charter of non-profit organization shall be determined:
- the name and the reduced name of the organization, legal address;
- subject and purposes of activities, procedure for management of activities;
- governing bodies and supervision, auditing bodies, their competence, procedure for election, response, and also responsibility of officials;
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