What does a “charter” associate with a layman? Right! With the army. But it turns out that charters are not only military codes of practice. Such a concept is generally common in law. So, we can talk about the charters of societies, organizations and enterprises. Let's figure it out.
Charters are legal acts
You need to start with the fact that a set of certain rules, gathered together and duly registered, is binding on certain individuals. That is, there is a legal norm. Thus, charters are normative documents. As a rule, they contain certain rules governing the activities of the education to which they relate. For example, the charter of a company is a document that spells out the rules of activity, the scope of management, leadership, and so on.
The charter is the main document of a legal entity. Such a norm is recorded in the Civil Code of the Russian Federation (Article 52). According to this legislative act, the set of rules is approved by the founders (or individually). For example, society should consider this issue at a general meeting. After discussion, it is approved by voting, most often direct. But in more complex cases, when there are many founders, they use a more complex process prescribed in the relevant regulatory act.
What the charter consists of
There can be no legal document drawn up on the basis of the thoughts and dreams of the authors. Charters are codes created by very specific rules. So, they necessarily include information about the name, location (specific address), the procedure for managing a legal entity. All these data should be detailed, clear, without abbreviations. If there is an abbreviation, for example, a name, then it is also prescribed. Data not included in the charter will not be considered official, therefore, it cannot be used. The following is information about the goals of the organization, methods of its economic activity.
In each case, drawing up a document, it is necessary to rely on a sample charter (standard), approved by the relevant regulatory act for a particular industry. Such documents are approved by the government governing policy in this direction.
Non-profit organization
There are some differences in the preparation of the charters of enterprises and institutions based on the nature of their activities. So, non-profit organizations, if they are legal entities, necessarily form a similar set of rules. Moreover, they are required by law to declare the goals and subject of their activities. Most likely, this is due to the influence that these organizations currently have on citizens. A departure from the subject of activity may be regarded as non-compliance with the law and entail the closure of the organization.
Charter of a joint stock company
The rules for compiling this document are governed by special law. It states that the charter is a constituent document. That is, its presence is necessary in order for society to begin its activities. All the rules included in it are binding on shareholders and bodies created within the company. In addition to general information, the charter necessarily contains information on the number and categories of shares, the amount of capital.
The document describes in detail the methods and governing bodies, the dates of the meetings. The main emphasis is on the statement of the rights of shareholders. However, they may be different for each group. It all depends on what type of shares a person owns. Details are defined by law, so the document does not provide much scope for creativity. It must be understood that it is simply impossible to change or supplement the charter. Usually, a special procedure is prescribed in its text during which changes are made. In addition, they should be publicly discussed at a general meeting.
Charter Registration
But just writing the right charter is not all. Even a meeting of shareholders or members of an organization does not give legal force to a document. It becomes such only after state registration. It is carried out in accordance with Law No. 129-FZ of 08.08.2001. Only after this procedure is a legal entity considered created, can it begin to realize its goals and objectives.
All data specified in the charter is recorded in the state register. To change them, you must re-apply to the registration authority. There is a list of documents that must be provided for the correct registration. Among them - the charter, which is provided in duplicate. The first is the original, the second is a copy certified by a notary. The latter remains in the registration authority for control. The original is marked with a special form, which indicates the passage and legality of the procedure. I must say that the state agency may refuse to register in the manner prescribed by law. This is reported to the applicant within five days. The decision is not final and may be appealed in court.