Registration of NGO in Azerbaijan
- Emil Khudiyev (Lawyer)
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Doing business is not always about making a profit, but it is always about achieving a result and a goal. In addition to opening a company, it is also possible to register a non-governmental organization (NGO) in Azerbaijan.
At first glance, the process of registering an NGO in Azerbaijan may seem complicated. I will try to break down the entire process into short steps so that it is easier for you to understand the process.
What is NGO?
NGO (Non-Governmental Organization) is an organization established by individuals or legal entities (non-profit NGOs) without the participation of official (governmental) institutions and operating on the basis of its charter and at its own expense.
According to the Law “On Non-Governmental Organizations”, NGOs are recognized as public associations and foundations. It is impossible to register an NGO in a different organizational and legal form.
Where to apply to register a NGO?
To open an NGO in Azerbaijan you must apply to the Ministry of Justice of Azerbaijan with the documents listed below. The same rule applies to the registration of representative offices / branches of foreign non-governmental organizations, which is also carried out by the Ministry of Justice of Azerbaijan.
Required documents
To register a non-governmental organization (NGO) in Azerbaijan, it is necessary to 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, identity card 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 his first name, last name, patronymic, place of residence, identity document number, date of issue and power of attorney;
– Other necessary information specified in the relevant application.
2. Constituent documents of the organization (charter, decision on establishment);
3. Receipt for payment of state duty;
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 the identity document;
5. A document confirming the legal address of the organization. The legal address may differ from the actual address where the NGO is located;
6. A copy of the document confirming the identity of the legal representative.
In practice, sometimes in addition to the documents mentioned above, confirmation letters may be required. Such letters can be issued by a government agency (Ministry of Science and Education, Ministry of Youth and Sport, etc.) or another organization that recognizes the NGO or cooperates with it.
FAQ
What is the state fee for registering an NGO?
The state fee for registering an NGO in Azerbaijan is 15 AZN. It is also important to know that the minimum authorized capital of the fund must be at least 10,000 AZN.
Who can establish an NGO in Azerbaijan?
The founder of an NGO can be either an individual or a legal entity.
To establish a foundation, one founder is sufficient, while the number of founders of a public association must be at least two.
The minimum age of an individual founder is 18 years (founders of youth public associations – 16 years).
Foreigners and stateless persons can become founders of NGOs in Azerbaijan if they have the right to permanent residence (PR) in Azerbaijan.
Why may the registration application be refused?
Ministry of Justice of Azerbaijan may refuse to register an NGO 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 contradict the legislation;
– in case of violation of the requirements of the legislation on the protection of a company name or when registering a non-profit organization of the same name;
– if the deficiencies found in the constituent documents by the Ministry of Justice of Azerbaijan are not corrected within 20 days;
– if the information specified in the application and the documents attached to it is inaccurate.
Are there any restrictions for NGOs in Azerbaijan?
An NGO may not:
• Have profit as its main goal;
• Be established and operate for purposes not prohibited by the Constitution and laws of the Republic of Azerbaijan;
• Participate in the 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 outstanding figures of Azerbaijan (without the permission of their close relatives or heirs);
• Assign powers of state bodies and municipal bodies (including indicating this in their charter);
• Use symbols that coincide with the state symbols of Azerbaijan and foreign countries.
NGOs may not be established by state bodies or officials.
In addition, deputy heads of branches/representative offices of NGOs founded by foreigners or foreign legal entities must be citizens of the Republic of Azerbaijan.
How EMZE can help you?
Just finished reading this article, but still not sure that you can start and go through the procedure of NGO formation in Azerbaijan on your own? No problem!
I am always ready to provide you with legal assistance, consult you on issues of NGO establishment in Azerbaijan.
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