“Registration of grant agreements/contracts (decisions)”
Registration of grant agreements/contracts (decisions) is regulated by the decision “Registration of grant agreements/contracts (decisions)” approved by Resolution No. 216 dated 5 June 2015 of the Cabinet of Ministers of the Republic of Azerbaijan and “Law on the Grants” of the Republic of Azerbaijan.
- Registered grant agreements/contracts
All agreements (decisions) on receiving (Awarding) Grants by physical and legal entities of the Republic of Azerbaijan, as well as sub-grant, additional contracts related to grant agreement, changes to duration, purpose and amount must be registered. The registration of grant agreements (decisions) is carried out by the Ministry of Justice of the Republic of Azerbaijan, with respect to commercial entities.
Agreements (decisions) on provision of grants by donors, being legal or natural entities of the Republic of Azerbaijan, as well as the branch and representative offices of legal entity of the Republic of Azerbaijan to foreign recipients shall be presented by donors and agreements (decisions) received by the recipients of the Republic of Azerbaijan shall be presented by the recipients to the registration body for registration.
Agreement (decisions) must be submitted to the registration body for registration no later than 15 days from the date it is signed (issued). Relevant information on the grant awarded from the state budget must be submitted by the donor to the registration body registering the grant agreement (decision) no later than 3 days.
- Documents to be submitted for registration of agreements (decisions)
For registration of grant agreement (decision), the application must be submitted to the Ministry of Justice of the Republic of Azerbaijan. The following documents are attached to the application;
- the original copy of the agreement (decision), as well as an additional agreement (decision) or amendments thereto signed by the parties;
- the original copy of the planned project for implementation under the respective agreement (decision) signed by the parties;
- a copy of the personal identification document of a physical person as a donor (recipient);
- Excluding cases when the applicant organization is registered at the registration body who executes the registration of the grant, a copy of an extract from the State Register of legal entities and copy of the charter (statue) of the legal entity as donor (recipient);
- if the agreement (decision) is signed by non-legal representative, a copy of the relevant power of attorney of that person;
- a copy of the document evidencing that the donors (international organizations and representatives, foreign governments and representatives, charitable, humanitarian and other public-oriented international organizations, financial institutions, foreign public organizations working in the fields of education, science, health, development of culture and sports, as well as, funds, associations, federations and committees, as well as branch and representatives of foreign legal entities registered in the Republic of Azerbaijan (branch and representative offices of foreign non-governmental organizations that signed an agreement)) are authorized to issue grant in the Republic of Azerbaijan, in accordance with paragraph 5 of Article 2 of the “Law on the Grants”;
- document on submission of financial reporting to the Ministry of Finance of the Republic of Azerbaijan by non-governmental organization and branch or representative office of foreign non-governmental organization;
- In case of other person submits the application on behalf of, the power of attorney confirming the authority;
Copies of documents specified in the 3, 5 and 6 sub-paragraphs of the list shall be approved in the notary order. If the agreement and other documents are in a foreign language, notarized translation shall be attached, the documents compiled in a foreign country also must be legalized or apostil must be given.
- Issues scrutinized by the registration body
For provision of notification by the registration body, the following shall be scrutinized:
- Compliance of the submitted documents and implementation of envisaged activities under respective agreement (decision) to the laws of the Republic of Azerbaijan, the charter (statue) of the grant recipient, as well as compliance of agreement (decision) terms with the grant concept;
- Compliance of grants awarded by organizations financed from the state budget of the Republic of Azerbaijan with the activity fields of their organizations;
- Compliance of the recipient with criteria indicated in
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paragraph 2 of Article 3 of the “Law on the Grants” and receiving grant from donors specified in Article 2 of the Law;
- The relevant authority of the person who signed the agreement (decision);
- Available information on the resident of the Republic of Azerbaijan as the donor (recipient) failure to comply with the laws of the Republic of Azerbaijan on the Prevention of the Legalization of Criminally Obtained Funds or Other Property and the Financing of Terrorism;
- Submission of the documents requested for registration of grant agreement and the accuracy of the information provided in these documents;
- In case of the organization awarding a grant is the state body, this organization must be in the list as specified in paragraph 2 of Article 2 of the Law (the institutions which identified by the relevant executive authority and funded by state budget of the Republic of Azerbaijan can award grants to legal and physical persons of the Republic of Azerbaijan in accordance with scope of activities);
- In accordance with paragraph 3 of Article 4 of the “Law on Grants”, over the period of project implementation, if terms of changing the direction of grant funds, the sale and change into money of values provided as a grant or at the expense of the grant are not specified in the agreement (decision), the written permission of a donor shall be provided;
- Clarity of the provisions of agreement (decision) and accurate description of the envisaged activities to be implemented.
- Rule of registering agreements (decisions)
The registration body, in the absence of grounds for suspension or rejection for registration, which are contained in Section 2 of the Rule, shall register the agreement (decision) within 15 days and provide notification as specified in Annex 6 of the Rule to the applicant legal or physical entity. In case of additional scrutiny of the documents or matters specified in Sections 2 and 3 of the Rule is required, notification period can be extended for another 15 (fifteen) days.
4.6 In case of insufficiencies are identified in the submitted documents that are not grounds for rejection, the registration body shall suspend the registration of the agreement (decision), returning the documents to the applicant provides additional 5 (five) working days to correct insufficiencies.
- Cases of rejection of registration of agreements (decisions)
Registering of agreements (decisions) by the registration body shall be rejected in the following cases:
- If documents requested for registration of grant agreements (decision) are not submitted;
- If insufficiencies are identified at the result of scrutiny by registration body;
- If the information described in the application and (or) the attached documents are falsified;
- If the insufficiency identified by the registration body is not eliminated in the specified period.