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State registration and register of non-commercial organizations

contact@justice.gov.az

Azadlıq prospekti 72, Bakı şəhəri, Azərbaycan Respublikası

The Ministry of Justice carries out state registration of non-commercial legal entities, representative offices and branches of foreign non-commercial legal entities and keeps a state register of non-commercial legal entities, representative offices and branches of foreign non-commercial legal entities.

The listed activities are carried out by the Ministry’s General Department of Notary, Registration and Registry.

State registration and keeping a register of non-commercial organizations (except for religious organizations)

The following documents are required for state registration and keeping a state register of non-commercial organizations (except for religious organizations):

Application (the following documents must be attached to the Application);
Articles of Association (in 2 copies);
decisions on the establishment of a non-commercial organization, approval of its Articles of Association and formation of management bodies;
document on payment of public duty;
document confirming payment of the authorized capital in funds in an amount not less than ten thousand manats;
if the founder is a legal entity - a notarized copy of its certificate of state registration, extract from the state register and Articles of Association;
if the founder is a foreign legal entity, documents confirming its registration (extract from the register or registration certificate, Articles of Association, etc.);
if the founder is an individual - a copy of his identity document;
document confirming the legal address (a document reflecting the relevant expression of the will of the owner regarding the location of the non-commercial organization, a decision of the founder (founders) regarding the location of the non-commercial organization);
a copy of the identity document of the person elected as the legal representative;
if the founder (founders) and legal representative (representatives) of the non-governmental organization, as well as the legal representative (representatives) of a branch or representative office of a foreign non-governmental organization are foreigners and stateless persons with the right to permanent residence in the Republic of Azerbaijan - a document confirming their right to permanent residence;
the opinion of the State Committee for Work with Religious Organizations of the Republic of Azerbaijan on state registration of non-commercial legal entities whose charter includes activities related to the promotion of religious values;
a document confirming the authority of the person representing the organization (if any);
When the word “Shusha” (a combination of words containing the word “Shusha”) is used in the name of a non-commercial organization, a document confirming the consent of Shusha City State Reserve Department.

State registration of the representative office or branch office of the foreign non-commercial legal entity

The following documents are required for state registration of the representative office or branch office of the foreign non-commercial legal entity:

Application;
Articles of Association (in 2 copies);
decisions on the establishment of a non-commercial organization, approval of its Articles of Association and formation of management bodies;
document on payment of public duty;
document confirming payment of the authorized capital in funds in an amount not less than ten thousand manats;
if the founder is a legal entity - a notarized copy of its certificate of state registration, extract from the state register and Articles of Association;
if the founder is a foreign legal entity, documents confirming its registration (extract from the register or registration certificate, Articles of Association, etc.);
if the founder is an individual - a copy of his identity document;
document confirming the legal address (a document reflecting the relevant expression of the will of the owner regarding the location of the non-commercial organization, a decision of the founder (founders) regarding the location of the non-commercial organization);
a copy of the identity document of the person elected as the legal representative;
if the founder (founders) and legal representative (representatives) of the non-governmental organization, as well as the legal representative (representatives) of a branch or representative office of a foreign non-governmental organization are foreigners and stateless persons with the right to permanent residence in the Republic of Azerbaijan - a document confirming their right to permanent residence;
the opinion of the State Committee for Work with Religious Organizations of the Republic of Azerbaijan on state registration of non-commercial legal entities whose charter includes activities related to the promotion of religious values;
a document confirming the authority of the person representing the organization (if any);
When the word “Shusha” (a combination of words containing the word “Shusha”) is used in the name of a non-commercial organization, a document confirming the consent of Shusha City State Reserve Department;
Regulations approved by a foreign non-commercial legal entity that established a representative office or branch or its authorized representative;
decision of a foreign non-commercial legal entity on the establishment of a representative office or branch;
document confirming the registration of a foreign legal entity that is the founder of a representative office or branch - an extract from the register (registration certificate, etc.);
original or notarized copy of the power of attorney issued by a foreign legal entity that established a representative office or branch;
document on the appointment of a deputy head of a branch or representative office of a non-governmental organization of a foreign state (the document must indicate the term of office of the deputy head);
original or notarized copy of the decision of a foreign legal entity that established a representative office or branch on the appointment of a head of that organization;
agreement on state registration of branches or representative offices of non-governmental organizations of foreign states in the Republic of Azerbaijan.

The application is signed by the founder (or, if there are several founders, all founders), the person(s) elected as the legal representative, or the person duly authorized by them, and is approved in notarial form.

According to the Article 20.1 of the Law of the Republic of Azerbaijan “On Public Duty”, a public duty of 300 manats is paid for the registration of representative offices and branches of foreign legal entities, and according to the Article 20.3, a public duty of 15 manats is paid for the state registration of a non-commercial organization.

Requisites for payment of public duty: Name of the receiving bank: State Treasury Agency, code of the receiving bank: 210005, TIN of the receiving client: 1602473621, level code: 1, classification code: 142216

Non-profit organizations must apply for state registration with an application (the application form was approved by the Resolution No. 70 of the Cabinet of Ministers of the Republic of Azerbaijan dated 13.04.2005).

The following documents are attached to the application:

• founding documents – the charter of the organization approved by the founder (founders) or his (their) authorized representative, the program in relation to political parties, as well as decisions on the establishment of that organization, approval of its charter and formation of management bodies (the founding documents must reflect other issues stipulated in the Civil Code of the Republic of Azerbaijan, as well as those deemed necessary by the founders, and must be signed by all founders (or their authorized representatives);

• a document on payment of the state fee;

• if the founder is a legal entity - a notarized copy of its certificate of state registration (extract from the state register) and charter;

• if the founder is an individual - a copy of his identity document;

• if the founder(s) and legal representative(s) of a non-governmental organization, as well as the legal representative(s) of a branch or representative office of a foreign non-governmental organization, are foreigners and stateless persons with the right to permanent residence in the Republic of Azerbaijan – a document confirming their right to permanent residence;

• a document confirming the legal address (information on the location of the permanent body, the headquarters of a political party) of a non-profit organization wishing to obtain the status of a legal entity;

• a register of members in relation to political parties;

• a copy of a document confirming the identity of the legal representative;

• a document confirming the payment of the authorized capital in funds;

• a document on the appointment of deputy heads of branches or representative offices of non-governmental organizations whose founders are foreigners or foreign legal entities;

• opinion of the State Committee for Work with Religious Organizations of the Republic of Azerbaijan for state registration of non-commercial legal entities whose charter includes activities related to the promotion of religious values;

• document on the consent of the Shusha City State Reserve Department when the word “Shusha” (a combination of words containing the word “Shusha”) is used in the name of a non-commercial organization.

The decision to establish a joint housing association shall be made by the owners of plots of an apartment building at their general meeting. This decision shall be deemed adopted if the plot owners holding more than fifty percent of the total number of votes of the owners of plots of an apartment building vote in its favor.

The state fee for state registration of non-commercial legal entities is 15 manats, the state fee for state registration of representative offices and branches of foreign non-commercial legal entities is 300 manats, and the state fee for state registration of non-commercial legal entities operating in the agricultural sector is 5 manats.

The current legislation does not provide for the inclusion of information on donations received by individuals in the register.

The application is submitted with the form (the form is determined by Appendices No. 2 and 4 of the “Regulations on Registration of Grant Agreements (Decisions)”, approved by the Resolution No. 216 of the Cabinet of Ministers of the Republic of Azerbaijan dated 05.06.2015). The following documents are attached to the application:

• a copy of the original of the agreement (decision), including the additional agreement (decision) or the amendments thereto, signed by the parties;

• a copy of the original of the project to be implemented under the agreement (decision), signed by the parties;

• a copy of the identity document of the individual donor;

• if the application is submitted by another person, as well as if the agreement (decision) is signed by a person who is not a legal representative, a document confirming their appropriate authority (unless the authority to sign documents related to the registration of the agreement is specified in the agreement).

If the documents are drawn up in a foreign country, they must be legalized or an apostille must be issued to them. When documents are drawn up in a foreign language, their translation is also attached.