How to register a private museum as non-profit organization

Register your private museum as non-profit organization in the form of private institution: Action plan

Private institution is a non-profit organization performing managerial, socio-cultural and other functions in the public interest. They usually operate in cultural, educational, scientific and medical settings. Private institution can be founded by individuals or legal entities.

Private museums should be registered as private institution or cultural private institution (Article 30 of the Federal Law No.54-FZ of 26.05.1996 “On the Museum Fund of the Russian Federation and the Museums of the Russian Federation”)

To register a private institution you need to prepare and submit the following documents to the territorial department of the Ministry of Justice (at the location of the museum)

1. Decision or protocol for the establishment of the institution (if the decision or protocol consists of more than one page, it has to be bound, numbered and signed by all founders on the binding)

2. Organization’s statute providing information about its name, address, activities, administration and decision making procedures. Private organization’s name must reflect its mission and activities.

3. Certificate providing details about the founders. Founder should also attach a copy of their passport (for individuals), or a copy of the extract from the Unified Register of Legal Entities (for legal entities).

4. Address information confirmed by the rental contract or the letter of assist by the owner of the premises guaranteeing the signing of the rental contract after the registration of the organization is complete.

5. Application form 11001 (Federal Tax Service website provides a software to fill the application form 

6. Receipt of payment of the relevant state fee – 4000 rubles.

Who could help me register a private museum?

Assistance in registering a private museum can be provided by Mikhail Nastenko, a lawyer of the Association of Private Museums of Russia, who has extensive experience in registering such institutions.

Contact Information:

Phone: +7 (495) 794-19-36

E-mail: jur-usluga@mail.ru

Is it possible to get tax holidays as a form of governmental support?

On April, 2 the government of Russian Federation passed a Resolution No. 409 “About measures for ensuring sustainable development of economy” establishing the rules of granting deferral (installment) on taxes, advance payments on taxes and insurance premiums.

Only taxpayers who work in the sectors of Russian economy most affected by the COVID-19 epidemic can expect to be granted such deferral (installment). The list of such industries is determined by the Government Resolution of April 3, 2020 No.434. The list includes among others: cultural, leisure, conference and exhibition industries, so private museums have the right to claim benefits set by the Government Resolution No.409.

Is it possible to defer payments on bank loans?

On April, 3 the Government of the Russian Federation passed the Resolution No.435, according to which borrowers have the right to ask lenders to change the term of the agreement, providing for the suspension of borrowers’ performance of their obligations.

How to register a private museum?

Current legislation obliges to register private museums in the form of institutions. As the institution is a non-profit organization, it is necessary to apply for registration to your local department of the Ministry of Justice of the Russian Federation (according to the museum address).

How to escape the quarantine restrictions on visiting museums without breaking any government regulations?

Currently in Moscow and Moscow Region all recreational, leisure, entertainment, sport, exhibition or educational events with physical attendance of citizens are prohibited. You should check the exact regulations for your region, but as a rule the situation everywhere is more or less the same.

Is there an express prohibition to take visitors, given that there are much less than 50 people at the same time?

There is a direct prohibition in Moscow and Moscow Region. As for other places, you should check you region regulations, but usually the regions copy the decisions made in Moscow.

How to lower the rent?

According to the Government Regulation of April 10, 2020 No.670-r, Federal property rental contract allows to defer lease payments in April-June period, 2020. For some customers (including culture workers) the regulation provides for the exemption from lease payment in April-June period, 2020. For other kinds of rental agreement you should talk to the landlord, and you can draw on the Government Regulation of April 3, 2020 No.439, according to which the lessee is also entitled to deferral (installment) of lease payments.

We can’t pay salaries to our employees due to lack of income. How to deal with this situation without violating the Labor Code?

1.You can ask the employees to take unpaid leave (they must sign the leave application)

2. In the current situation (due to the coronavirus) you can terminate the employment contract under Article 83(7) of the Labor Code of the Russian Federation (occurrence of emergency circumstances preventing the continuation of labor relations (epidemic).

Will private museums (and the Dondi-Yurt Museum specifically) receive federal support?

There are currently no personal programs of federal support (for museums). The only option is to qualify as a social enterprise and to try and get some support that way on the basis of Federal Law of July 24, 2007 No.209-FZ “On small and medium business development in the Russian Federation”