Frequently asked questions

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[su_spoiler title=”Has any restriction on the number of founders of NGO?” style=”fancy”]“Law on Non-governmental Organizations (public unions and funds)” considers possible establishment of Public Union by at least two persons, but funds by one person. There isn’t any restriction on the maximum number of founders.[/su_spoiler]
[su_spoiler title=”May actual address of the organization be different from its legal address?” style=”fancy”]The legal address of the organization cannot differ from actual address. The legal address of the organization is to be its actual address. According to Article 51 of the Civil Code of the Republic of Azerbaijan, the location of a permanent body of the legal entity is the place where of the legal entity. This issue is even more concretized by the “Law on Non-governmental Organizations (public unions and funds)”. According to Article 3.2 of the Law, the place of non-governmental organization is determined by the legal address indicated in its charter.[/su_spoiler]

[su_spoiler title=”Which changes made to the documents of NGO must be registered?” style=”fancy”]“Article 9 of the “Law on state registration and registry of legal entities” provides for state registration of the change to founding documents and further changes of the facts recorded. If the following documents or facts are changed, these changes must be registered:

  • Charter of organization;
  • Name of organization;
  • Legal address of organization;
  • Organizational-legal form;
  • Financial year of organization;
  • Founder/founders of organization;
  • Legal representative of organization;
  • Subject of activities and objectives of organization;
  • Area of activity of organization;
  • In fund – members of the board of trustees, authorized capital of the fund and the volume of property shares of founders;

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[su_spoiler title=”How is state registration of the change to founding documents and further changes of the facts recorded being carried out?” style=”fancy”]For registration of the change, an application must be submitted to the Ministry of Justice of the Republic of Azerbaijan within 40 days from the date of the change. The application must be signed and stamped by the authorized person. The documents 1) Decision on approving the changes in the founding documents and further changes in the facts recorded in the registry and 2) The documents approving the changes in the founding documents,  further changes in the facts recorded in the registry and number of members of Public Union must be attached to the application. If the change doesn’t contradict the requirements of Article 11.3 of “Law on state registration and registry of legal entities”, it is registered by the Ministry of Justice of the Republic of Azerbaijan within 5 days and the NGO is given a new extract from registry. [/su_spoiler]

[su_spoiler title=”How is state registration of the change to legal address being carried out?” style=”fancy”]Unlike other facts registered, if the legal address is changed, the information on the change should be provided before applying for registration of the fact. According to requirements of Article 3.3 of the “Law on Non-governmental Organizations (public unions and funds)”, if the legal address of non-governmental organization is changed, written information must be submitted to the Ministry of Justice of the Republic of Azerbaijan within less than 7 days. Providing information doesn’t release the NGO from the requirements of Article 9.2 of the “Law on state registration and registry of legal entities”. According to the Law, for registration of the change, an application must be submitted to the Ministry of Justice of the Republic of Azerbaijan within 40 days from the date of the change. The change must be indicated in the application and the document approving the change – the document on the new address must be submitted.[/su_spoiler]
[su_spoiler title=”Can the founder/founders of NGO refuse being a founder or can the founders be changed?” style=”fancy”]Legislation considers both cases possible. The supreme body of the NGO has to be a decision on these issues. For registration of the change, an application must be submitted to the Ministry of Justice of the Republic of Azerbaijan in the specified manner and period. 1) Decision on refusal of being a founder or on the change of founders, 2) The document confirming the further changes of the facts recorded and number of members of Public Union (this requirement doesn’t apply to the Fund) and 3) applications of the quitting and entering founders must be attached to the application.

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[su_spoiler title=”How is registry of the members of Public Union being carried out?” style=”fancy”]“According to requirements of Article 10.4 of the “Law on Non-governmental Organizations (public unions and funds)”, Public Union must provide register of members within 30 days after state registration. Legislation hasn’t determined any requirement related to the form of register and information on the inclusion of any date on the members to the register. Therefore, Public Union can carry out register of members in its own form.  In practice, as a rule, the following information about members is included to the register:

  • Name, surname and patronymic;
  • Series and number of Identity Card;
  • Date and place of birth;
  • Citizenship;
  • Address;
  • Contact information;

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[su_spoiler title=”Will be responsible for not registering within indicated period of time?” style=”fancy”]The Legislation means responsibility for this violation in the form of warning and giving instruction to eliminate violation to the Public Union. According to Article 31.2 of “Law on Non-governmental Organizations (public unions and funds)” of the Republic of Azerbaijan, if the responsibility isn’t established by the Law for violating requirements deriving from provisions of legislation of the Republic of Azerbaijan, as well as the Charter, a written warning is sent to non-governmental organization or branch or representative office of foreign non-governmental organization by relevant executive authority and instruction is given on removing the violations within 30 days. Since responsibility for not conducting General Assembly in the period prescribed by the Charter isn’t determined by the Law, the mentioned deed falls under this Article.[/su_spoiler]
[su_spoiler title=”Is term of office of elected bodies of NGO calculated from the date of formation or from the date of state registration?” style=”fancy”]Term of office of elected bodies of Public Union is calculated from the date of formation. For example: if the General Assembly was held on June 05, 2014, but included to the register on June 20, 2014 and provided an extract from registry, in this case , term of office of General Assembly is calculated from the date of General Assembly. This rule is also characteristic in the other elected bodies.

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