Non-profit organization registration in Azerbaijan
- Emil Khudiyev (Lawyer)
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Doing business isn’t always about making a profit, but rather about achieving a result and a goal. Therefore, in addition to opening a company and an NGO (non-governmental organization), it’s also possible to register a non-profit organization (NPO) in Azerbaijan.
At first glance, registering an NPO in Azerbaijan may seem complicated. I’ll try to break the entire process down into short steps to make it easier for you to understand.
What is a non-profit organization?
NPOs (Non-Profit Organization) is legal entity whose primary purpose is not to make a profit. They direct any profits they receive solely to the goals specified in their charter, such as social, charitable, cultural, and public projects.
According to Article 43.6 of the Civil Code of the Republic of Azerbaijan, NPOs may be organized as foundations, associations, unions of legal entities, and other forms. Therefore, it is impossible to register a non-profit legal entity under any other organizational and legal form.
Where to apply to register an NPO?
To open an NPO in Azerbaijan, you must contact the Ministry of Justice of Azerbaijan with the required documents. The same procedure applies to the registration of representative offices/branches of foreign non-governmental organizations, which is also handled by the Ministry of Justice of Azerbaijan.
Documents required for an NPO registration
To register a non-profit organization (NPO) in Azerbaijan, you must provide the following list of documents:
1. Application.
The application must include the following:
– if the founder is an individual – last name, first name, patronymic, place of residence, and identity document details;
– if the founder is a legal entity – name, location, and TIN (registration number);
– if the application is signed by an authorized person – as well as information about their first name, last name, patronymic, place of residence, identity document number, issue date, and power of attorney;
– Other required information specified in the relevant application.
2. Founding documents of the organization (charter, resolution on establishment);
3. Receipt for payment of the state fee;
4. If the founder is a legal entity – a notarized copy of the state registration certificate and charter;
– If the founder is an individual – a copy of an identity document;
5. A document confirming the legal address of the organization. The legal address may differ from the actual address of the NPO;
6. A copy of the identity document of the legal representative.
In practice, in addition to the documents mentioned above, confirmation letters may sometimes be required. Such letters may be issued by a government agency (the Ministry of Science and Education, the Ministry of Youth and Sports, etc.) or another organization.
FAQ
What is the state fee for registering an NPO?
The state fee for registering an NPO in Azerbaijan is 15 AZN.
Who can establish an NPO in Azerbaijan?
An NPO founder can be either an individual or a legal entity.
The minimum age for an individual founder is 18 years.
Foreigners and stateless persons can become NPO founders in Azerbaijan if they have permanent residence in Azerbaijan.
For what reasons can an NPO be denied registration?
The Ministry of Justice of Azerbaijan may deny registration of an NPO in the following cases:
– when the submitted documents do not comply with the requirements of the legislation of the Republic of Azerbaijan;
– when the goals, responsibilities, and forms of activity of the organization are contrary to the law;
– in the event of a violation of the requirements of the law on the protection of a company name or when registering a non-profit organization with the same name;
– if the deficiencies identified in the constituent documents by the Ministry of Justice of Azerbaijan are not corrected within 20 days;
– if the information provided in the application and attached documents is inaccurate.
Are there any restrictions for NPOs in Azerbaijan?
NPOs may not:
• Have profit as their primary objective;
• Operate for purposes prohibited by the Constitution and laws of the Republic of Azerbaijan;
• Participate in elections of the President, Milli Majlis, and municipalities, and may not provide financial or other material assistance to political parties;
• Engage in political activities;
• Engage in religious activities and promote religion;
• Use the names of state bodies of the Republic of Azerbaijan in their names, and may not use the names of prominent figures of Azerbaijan (without the permission of their close relatives or heirs);
• Assign the powers of state bodies and municipal bodies (including indicating this in their charter);
• Use symbols that match the national symbols of Azerbaijan and other countries.
NPOs cannot be established by government agencies or officials.
Additionally, deputy heads of NPO branches/representative offices founded by foreigners or foreign legal entities must be citizens of the Republic of Azerbaijan.
How EMZE can help you?
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