The Foundation is a non-profit organization, its creation, functioning and liquidation are regulated by the Federal Law "On Non-Profit Organizations". According to the Law, a foundation can cease to exist at any time, but a decision on its liquidation can only be made in the course of a judicial review of the relevant claim.
Instructions
Step 1
Voluntary liquidation of the fund is not provided for by Russian law. The foundation can only be liquidated by a court, in the course of considering an application from interested parties.
Step 2
Submit to the court (district or city) at the place of registration of the fund a statement of claim demanding liquidation. Attach the main package of documents regulating the activities of the fund to the application (statutory documents, registration certificates, the state of the tax base, data on the property status of the fund, an extract from the USR, etc.). The right to file a statement of claim is enjoyed by both interested parties (for example, the founders of the fund) and the relevant state bodies that control the activities of the fund (in this case, we will talk about the procedure for compulsory liquidation).
Step 3
Indicate one of the following as the basis for your claim: lack of property security to fulfill the objectives of the fund; the unattainability of the goals facing the fund, and the impossibility of changing them; evasion of the fund from fulfilling the goals set for it; other legally justified grounds (for example, bankruptcy of the fund, admission of gross violations of the legislation of the Russian Federation, etc.).
Step 4
In the course of considering the claim, the court decides on the recognition of the fund as subject to liquidation and sets the deadlines for the liquidation procedure. The court appoints a liquidation commission.
Step 5
In the absence of property and any obligations of the fund, the decision on liquidation and removal from the USR can be made immediately during the meeting, in this case the procedure will take much less time and will not require the formation of a commission.
Step 6
Otherwise, having received a court order, fulfill all property, tax and other obligations, as well as prepare a liquidation package of documents: application; minutes of the meeting confirming agreement with the liquidation of the fund; liquidation balance sheet of the fund; certificate of state registration of the fund; foundation charter. Other documents are available upon additional request.
Step 7
Submit this package of documents to the registration authority in order to be excluded from the Unified State Register. The liquidation of the fund is considered to have taken place upon the fact of making a corresponding entry in the USR.
