of August 27, 2024 No. 518
About measures for implementation of the Law of the Kyrgyz Republic "About non-profit organizations"
According to the Law of the Kyrgyz Republic "About non-profit organizations", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:
1. Approve Regulations on procedure for maintaining the Register of the non-profit organizations performing functions of the foreign representative, and conducting check of their activities according to appendix.
2. Determine that:
1) authorized state body on maintaining the Register of the non-profit organizations performing functions of the foreign representative is the Ministry of Justice of the Kyrgyz Republic;
2) applications within realization of part 3 of article 17-1 of the Law of the Kyrgyz Republic "About non-profit organizations" are submitted to authorized state body on maintaining the Register of the non-profit organizations performing functions of the foreign representative within 2 (two) months from the date of entry into force of this resolution.
3. Bring in the order of the Government of the Kyrgyz Republic "About questions of the Ministry of Justice of the Kyrgyz Republic" of March 5, 2021 No. 78 the following change:
in Regulations on the Ministry of Justice of the Kyrgyz Republic approved by the above-stated resolution:
- to add the subitem 6 of Item 8 with the paragraph of the following content:
"-keeps the Register of the non-profit organizations performing functions of the foreign representative.".
4. This resolution becomes effective after ten days from the date of official publication.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A. Zhaparov
Appendix
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 27, 2024 No. 518
1. This Provision is developed according to the Law of the Kyrgyz Republic "About non-profit organizations" (further - the Law "About Non-profit Organizations"), determines procedure for maintaining the Register of the non-profit organizations performing functions of the foreign representative (further - the Register), and requirements to the data containing in the Register, procedure for conducting check of activities of the non-profit organizations performing functions of the foreign representative.
2. The register represents the electronic database containing data on the non-profit organizations performing functions of the foreign representative, included in the Register.
3. Maintaining the Register is performed by the authorized body determined by the Cabinet of Ministers of the Kyrgyz Republic (further - authorized body).
4. The register is kept in the state and official languages in electronic form, in the form approved by authorized body.
5. Inclusion of non-profit organization in the Register is performed according to the statement of the head of the non-profit organization performing functions of the foreign representative.
6. The head of non-profit organization which activities correspond to criteria of the non-profit organization performing functions of the foreign representative, the established Law "About Non-profit Organizations" from the date of the beginning of implementation of such activities submits to authorized body the application for inclusion of the organization in the Register within 5 (five) working days.
7. The application for inclusion of non-profit organization in the Register is submitted in the state or official language in the form approved by authorized body.
8. The Register joins the following data on the non-profit organization performing functions of the foreign representative:
1) sequence number;
2) full name;
3) the abbreviated name (in case of availability);
4) legal address;
5) registration number;
6) tax ID number (further - INN);
7) code of the all-republican qualifier of the companies and organizations (further - RCBO);
8) type of activity;
9) bank account details;
10) full names/names of the founder(s);
11) founder(s) PIN/INN;
12) head's full name;
13) head's PIN;
14) information about workers;
15) the note (in the closed part).
9. In the column "Sequence number" the sequence number of registration of non-profit organization in the Register depending on date of its inclusion in the Register is specified.
10. In the column "Full name" the full trade name of non-profit organization in the state, official and (or) English languages is specified.
11. In the column "The Abbreviated Name (in case of Availability)" the reduced trade name of non-profit organization in the state, official and (or) English languages is specified (in case of availability).
12. In the column "Legal address" the legal address of non-profit organization according to registration documents, the relevant information containing in the Unified State Register of Legal Entities, branches (representations) is specified (further - the Unified State Register of Legal Entities).
13. In the column "Registration Number" the registration number assigned to the archive registration case which is drawn up on everyone the registered (re-registered) non-profit organization is specified.
14. In the column "Tax ID number" INN of non-profit organization is specified.
15. In the column "Code of the All-republican Qualifier of the Companies and Organizations" the RCBO code of non-profit organization is specified.
16. In the column "Type of activity" the core activity of non-profit organization according to registration documents, the relevant information containing in the Unified State Register of Legal Entities is specified.
17. In the column "Bank account details" the bank name, bank identification code, the RCBO code of bank, bank account number of non-profit organization are specified.
18. In the column "Full Names/names of the Founder(s)" the surname and the founder's initials - physical person and (or) trade name of the legal entity acting as the founder of non-profit organization according to registration documents, the relevant information containing in the Unified State Register of Legal Entities is specified.
19. In the column "Founder(s) PIN/INN" the founder(s) PIN/INN is specified.
20. In the column "Head's Full Name" the surname and initials of the head of non-profit organization according to registration documents, the relevant information containing in the Unified State Register of Legal Entities are specified.
21. In the column "head's PIN" the PIN of the head of non-profit organization is specified.
22. In the column "Information about Employees of Non-profit Organization" the surname and initials of workers (including the workers performing labor activity on the basis of the terminal employment contract or the employment contract) according to identity documents are specified.
23. In the column "Note" special marks about date of the direction of the notification on violation of parts 5 and 6 of article 17-1 of the Law "About Non-profit Organizations" are specified, to decision date about suspension of operations of non-profit organization, receipt date of audit opinion, date of exception of the Register and other data connected with maintaining the Register.
24. The decision on inclusion of the non-profit organization performing functions of the foreign representative in the Register is accepted by authorized body within 10 (ten) working days from the date of receipt in authorized body of the statement according to Item 7 of this provision.
25. The non-profit organization performing function of the foreign representative is excluded from the Register in the following cases:
1) the terminations of activities of non-profit organization in the procedure established by the legislation of the Kyrgyz Republic;
2) according to the statement of the head of non-profit organization, if non-profit organization:
- during 12 (twelve) calendar months preceding day of filing of application about exception of the organization of the Register did not receive money and other property from foreign sources;
- during 12 (twelve) calendar months preceding day of filing of application about exception of the organization of the Register did not perform the actions falling under forms of political activities according to the Law "About Non-profit Organizations".
26. The application for exception of the Register is submitted by the head of the non-profit organization performing functions of the foreign representative to authorized body in the form approved by authorized body.
27. The authorized body within 60 (sixty) calendar days from the date of receipt of the statement specified in the subitem 2 of Item 25 of this provision performs verification of the data provided by non-profit organization and the circumstances which formed the basis for its inclusion in the Register and makes the decision on exception of non-profit organization of the Register or passes the decision on refusal in its exception.
The authorized body makes the decision on exception or refusal in exception of non-profit organization of the Register based on the corresponding conclusions received from the authorized state bodies specified in Item 37 of this provision.
28. The decision on refusal in exception of non-profit organization of the Register is made by authorized body if by results of the inspection of data which is carried out on the basis, stipulated in Item the 27th this provision it is determined that the non-profit organization provided false information on the termination of implementation of political activities, the stipulated in Clause 2 Laws "About Non-profit Organizations", and (or) the termination of obtaining from foreign sources of money and other property.
This decision of authorized body can be appealed by non-profit organization according to the procedure, provided by the Law of the Kyrgyz Republic "About bases of administrative activities and ministerial procedures".
29. The non-profit organization performing function of the foreign representative is excluded from the Register in the following terms:
1) according to the subitem 1 of Item 25 of this provision - within 5 (five) working days from the date of entering into the Unified State Register of Legal Entities of data on registration of the termination of activities of non-profit organization;
2) according to the subitem 2 of Item 25 of this provision - within 5 (five) working days from the date of confirmation of information on the termination of implementation of political activities, the stipulated in Clause 2 Laws "About Non-profit Organizations", and (or) the termination of obtaining from foreign sources of money and other property.
30. The authorized body within 5 (five) working days from the date of decision making about exception of non-profit organization of the Register (refusal in exception of the Register) in writing notifies non-profit organization on this decision.
31. In case of change of the data containing in the Register, the non-profit organization performing function of the foreign representative within 30 (thirty) calendar days from the moment of adoption of the relevant decision notifies authorized body on changes with appendix of the relevant documents on change.
In case of employment (dismissal) of workers (including the workers performing labor activity on the basis of the terminal employment contract or the employment contract) the non-profit organization performing function of the foreign representative within 7 (seven) calendar days from the date of employment (dismissal) of workers sends the adequate notice to authorized body.
32. The non-profit organization performing function of the foreign representative no later than May 1 of the year following the accounting period represents audit opinion of the independent auditor to authorized body if other is not provided by international treaties of the Kyrgyz Republic.
The audit opinion of the independent auditor is represented in paper form which is signed by the head, is certified by seal of non-profit organization, page by page numbered and sewed.
33. In case of representation by the non-profit organization performing function of the foreign representative, audit opinion of the independent auditor authorized body within 10 (ten) working days sends the copy of audit opinion of the independent auditor to authorized state body in the field of the taxation for control regarding observance of requirements of the tax legislation, the legislation in the field of the national social insurance and the non-tax income.
34. Control of compliance of activities of the non-profit organizations performing functions of the foreign representative, to the purposes provided by their constituent documents and to the legislation of the Kyrgyz Republic is performed according to article 17-1 of the Law "About Non-profit Organizations" according to the procedure, determined by this Provision.
35. Determine that control, specified in Item 34 this provision, is limited to the following spheres:
1) financial transparency and observance of the tax legislation;
2) the maintenances of materials made and (or) extended by the organizations including through mass media and (or) with use of the Internet, specifying on the fact that these materials are made, widespread and directed by the non-profit organization performing functions of the foreign representative;
3) participations in the political activities performed in the territory of the Kyrgyz Republic, irrespective of the purposes and tasks specified in constituent documents of the organization;
4) organization activity compliance to its authorized purposes.
36. The bases for conducting checks within control are:
1) the appeal of state bodies, local government bodies and mass media about violation of requirements of article 17-1 of the Law "About Non-profit Organizations" by non-profit organization;
2) the appeal of state bodies, local government bodies and mass media about discrepancy of activities of the non-profit organization performing function of the foreign representative, to its authorized purposes.
37. In case of receipt in authorized body of addresses about violation of requirements of the legislation by non-profit organization and about discrepancy of organization activity to the purposes provided by its constituent documents, the authorized body has the right to send this appeal to authorized state bodies, proceeding from the sphere of their activities and competence.
Questions on observance of requirements of financial transparency and requirements of the tax legislation go to authorized state body in the field of the taxation for making the corresponding conclusion.
Questions on observance by non-profit organization of part 5 of article 17-1 of the Law "About Non-profit Organizations" go to authorized state body in the field of information for making the corresponding conclusion.
The questions connected with participation in the political activities performed in the territory of the Kyrgyz Republic, irrespective of the purposes and tasks specified in constituent documents of non-profit organization on observance of requirements of compliance of organization activity to its authorized purposes and also estimates of observance of other requirements of the legislation of the Kyrgyz Republic go to bodies of prosecutor's office of the Kyrgyz Republic for making the corresponding conclusion.
Questions on observance of requirements of compliance of organization activity to its authorized purposes go to the relevant authorized state bodies which field of activity and competences concerns the core activities of non-profit organization following from its authorized purposes.
38. Authorized state bodies within conducting checks have the right to request directly from non-profit organization or through authorized body only those data and documents which belong to check subject.
39. In case of receipt of the corresponding conclusions from the authorized state bodies confirming violations of parts 3, of the 5 and 6 article 17-1 of the Law "About Non-profit Organizations", the authorized body within 10 (ten) working days sends to non-profit organization the written notice with indication of the allowed violations and term of their elimination constituting no more than one month.
40. The non-profit organization shall eliminate the allowed violations in the terms specified in the notification of authorized body.
The violations allowed according to parts 3 and 6 of article 17-1 of the Law "About Non-profit Organizations" are considered eliminated from the moment of filing of application about inclusion of non-profit organization in the Register and representations of audit opinion of the independent auditor respectively.
The violations allowed according to part 5 of article 17-1 of the Law "About Non-profit Organizations" are considered eliminated from the moment of representation by authorized state body in the field of information in authorized body of the conclusion confirming their elimination.
41. In case of not elimination of the violations specified in the notification, at the scheduled time the authorized body passes the decision on suspension of operations of non-profit organization for the term of no more than 6 (six) months, with the notification of non-profit organization.
42. The decision on suspension of operations of non-profit organization can be appealed according to the procedure, provided by the Law of the Kyrgyz Republic "About bases of administrative activities and ministerial procedures".
43. If during fixed term for which activities of non-profit organization are suspended the non-profit organization eliminates the violations specified in the notification, according to the procedure, specified in Item 40 of this provision, the non-profit organization resumes the activities.
44. If during fixed term of suspension of operations the non-profit organization does not eliminate the violations specified in the notification, the authorized body takes a legal action with the petition for dissolution of non-profit organization according to the procedure of requirements of Article 96 of the Civil code of the Kyrgyz Republic.
Representatives of authorized state bodies which conclusions (data) formed the basis for the direction of adequate notices can be attracted by authorized body for preparation of statements (petitions and other documents), necessary for appeal to the court.
45. Copies of notifications, the conclusions (data) of authorized state bodies, letters of non-profit organizations and other materials are filed by authorized body in archiving of non-profit organization.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.