State registration and register of non-commercial 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.

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

According to the Article 5.1 of the Law of the Republic of Azerbaijan “On Political Parties”, a political party is established by at least 50 citizens of the Republic of Azerbaijan (founders) who have full legal capacity. Within 30 days from the date of the founding meeting, the authorized person of the political party shall apply to the Ministry of Justice with an application and submit the minutes of the founding meeting, the party’s charter and program.

The application shall be signed by the authorized person of the political party and other founders and shall be notarized.

The Ministry of Justice shall, within 30 days from the date of receipt of the application, check the compliance of the documents with the legislation and submit the relevant information to the authorized person of the political party or send it by registered mail. Within 180 days from the date of receipt of the information, the authorized person of the political party shall take measures to ensure the number of political party members specified in the Law “On Political Parties” and compile a register of members. After that, no later than 10 days, the political party applies to the Ministry of Justice for state registration in accordance with the Law “On State Registration of Legal Entities and the State Register”. 

The following documents are attached to the application:

• the charter and program of the political party approved by the founders or their authorized representative;
• decisions on the establishment of the political party, approval of its charter and formation of management bodies. The founding documents must reflect the issues stipulated in the Civil Code of the Republic of Azerbaijan, as well as other issues deemed necessary by the founders, and must be signed by all founders (or their authorized representatives);
• a document on payment of the public duty (the original bank receipt if the public duty is paid to the state budget in cash, and a bank document confirming the payment if it is transferred from the payer’s account);
• a copy of the documents confirming the identity of the founders;
• a document confirming the legal address (a document reflecting the relevant expression of the owner’s will regarding the location of the political party, the founders’ decision regarding the location of the headquarters of the governing bodies);
• a register of members;
• a copy of the identity document of the legal representative;

When the word “Shusha” (a combination of words containing the word “Shusha”) is used in the name of a political party, a document on the consent of Shusha City State Reserve Department.

Article 20.3 of the Law of the Republic of Azerbaijan “On Public Duty” states that a public duty of 15 manats is paid for state registration of a political party.

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 

In this regard, a written application is made. The application must indicate information about the organization and the goals of its activities in the Republic of Azerbaijan, justify the necessity of this activity and its contribution to Azerbaijani society.

The following documents are attached to the application:

• Copies of the documents confirming the registration of the organization that is the founder of the branch or representative office, an extract from the state (trade) register (registration certificate, etc.), its charter, translated into Azerbaijani language and certified in notarial form;
• A copy of the power of attorney issued by the organization in the name of the authorized representative, translated into Azerbaijani language and certified in notarial form.

The specified documents must be certified by apostille or legalized.

The following documents are required for registration of amendments to the documents of non-commercial organizations and subsequent changes in the registered facts and their inclusion in the state register:

• Application;
• The following documents are attached to the application:
• a decision on approval of amendments to the constituent documents and subsequent changes in the facts registered in the register;
• documents confirming amendments to the constituent documents and subsequent changes in the facts registered in the register, as well as the number of members of the public association.

Depending on the change, the following documents are submitted:

• a document confirming the new address in case of a change in the legal address;
• a copy of the identity document of the new legal representative in case of a change in the legal representative;
• in case of change of founders - applications of persons leaving the foundation or entering the foundation (application of an individual leaving the foundation must be notarized);
• in case of change of the authorized capital and property shares of the founders in the fund - relevant auditor’s opinion or bank receipt, or certificate, contracts on purchase and sale of property shares, etc.;
• documents on extension of the term of the agreement on state registration of representative offices or branches of non-governmental organizations of foreign states (application, decision of the head organization, protocol on extension of the agreement);
• document reflecting the amendment or addition made to the charter (or bylaws), etc.;
• document confirming the authority of the person representing the organization;
• in case of change of the composition of the executive body in a non-governmental organization - copies of documents confirming the identity of the members of the executive body.

The application is signed by an authorized person of the organization and certified with a seal.

The following documents are attached to the application:

• an announcement published in the press about the loss of documents;
• a document on payment of the public duty (only for a certificate of state registration);
• a certificate issued by the relevant internal affairs body about the unavailability of the document.

In accordance with Article 20.5 of the Law of the Republic of Azerbaijan “On Public Duty”, a public duty of 3 manats is paid for issuing a duplicate of a registration certificate to legal entities.

Any person may apply for the issuance of extracts from the state register of non-commercial organizations as a copy of documents.

According to the Article 20.5 of the Law “On Public Duty”, a public duty of 2 manats (per page) is paid for the issuance of extract from the state register as a copy of documents. According to the Article 20-1.2, extracts from the state register as a copy of documents are issued to state bodies and founders free of charge.

• Application

The following documents are attached to the application:

• the charter of the non-commercial organization approved by the founder (founders) or his (their) authorized representative (in 2 copies);
• decisions on the establishment of the non-commercial organization, approval of its charter and formation of management bodies. The founding documents must reflect the issues stipulated by the Civil Code of the Republic of Azerbaijan, as well as other issues deemed necessary by the founders, and must be signed by all founders (or their authorized representatives);
• a document on payment of the public duty (the original bank receipt if the public duty is paid to the state budget in cash, and a bank document confirming the payment if it is transferred from the payer’s account);
• a document confirming the payment of the authorized capital in the funds in the amount of 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 charter;
• if the founder is a foreign legal entity, documents confirming its registration (extract from the register or certificate of registration, charter, etc.);
• if the founder is an individual - a copy of his identity document;
• a ​​document confirming the legal address (a document reflecting the relevant expression of the owner’s will 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(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;
• an 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);
• a document confirming the consent of 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 following shall also be attached to the application:

• decision on reorganization;
• deed of transfer or balance sheet of division;
• information on publication of the relevant announcement in the press.

The application shall be signed by the founder (if there are several founders, all founders), the person(s) elected as the legal representative or the person(s) duly authorized by them and certified by a notary.

A fee of 50 percent of the amount specified in Articles 20.1 - 20.3 of the Law of the Republic of Azerbaijan “On Public Duty” is provided.

An application must be submitted to the relevant registration authority within 10 days from the date of establishment of these representative offices or branches for inclusion in the state register of non-commercial organizations. The application shall indicate information about the location, organizational and legal form and registration of the said representative office or branches, and documents reflecting this information shall be submitted to the registration authority.

The following documents must be submitted to the Ministry of Justice for the suspension of the activities of the organization based on the application:

• Application signed by the legal representative of the non-governmental organization and the representative office or branch of the non-governmental organization of foreign countries and certified with its seal;
• Decision on the suspension of the activities of the organization (the decision must indicate the period and reason for the suspension);

A political party shall submit the adopted decision to the Ministry of Justice within 3 days from the date of the congress at which the decision on the temporary suspension of its activities was adopted and publish and (or) broadcast information on the suspension of the activities of the political party in the media.

In order to enter information about the fact that a non-commercial organization is in the process of liquidation into the state register of non-commercial organizations, the liquidation commission (liquidator) must apply to the Ministry of Justice of the Republic of Azerbaijan within 15 days from the date of its appointment with an application signed by the liquidation commission (liquidator) and certified by the seal of the organization.

The following documents are attached to the application (indicating the name and number of sheets of each):

• • liquidation decision;
  • official statement confirming solvency (auditor’s opinion in the case provided for by Article 59.2-1 of the Civil Code of the Republic of Azerbaijan);
  • document confirming the publication of the first information about the liquidation of a non-commercial organization, the procedure and period for notifying creditors’ claims in the “Justice” newspaper (indicating the number (issue) and date of the newspaper) and a seal.
• The liquidation commission (liquidator) must submit the following documents (indicating the name and number of sheets of each) to the Ministry of Justice with a cover letter for removal of the non-commercial organization from the state register within 10 days after the division or use of the remaining property:
  • liquidation balance sheet;
  • a report reflecting the plan for the division (use) of the remaining property;
  • a document confirming that, in the event of the liquidation of a non-commercial organization, the property remaining after the payment of its debts will be directed to the purposes specified in its charter, or if this is not possible, to the state budget;
  • the original of the organization’s registration certificate and charter (Regulations), with a stamp stating “in the process of liquidation”;
  • a certificate issued by the state archival service organization confirming that the archival documents created as a result of its activities have been transferred to the relevant state archival service organization at the location of the legal entity.

In relation to non-commercial organizations and individuals, the following documents are required for registration of a grant agreement (decision):

Application submitted to the Ministry of Justice;

• a copy of the original of the agreement (decision), including the additional agreement (decision) or 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 who is the donor (recipient), certified by a notary;
• 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 not 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. If the documents are drawn up in a foreign language, their translation is also attached.

The agreement (decision) must be submitted to the registration authority for registration no later than 30 (thirty) days from the date of its conclusion (issue).

The following documents shall be submitted to submit information on the amount of donations received by a non-governmental organization, as well as branches or representative offices of non-governmental organizations of foreign countries, and on the persons who made the donation:

• Application
• If the donated funds exceed 200 (two hundred) manats, the application shall include a document confirming that the donation has been transferred to the bank account of the non-governmental organization.

No later than 15 (fifteen) days from the date of receipt of the donation, the non-governmental organization shall submit information on the amount of the donation and the persons who made the donation to the Ministry of Justice for inclusion in the register of grants, service contracts and donations.

The following documents are required for registration of contracts for the provision of services or performance of work at the expense of foreign financial sources by non-governmental organizations, as well as branches or representative offices of non-governmental organizations of foreign states:

• Application

The following documents are attached to the application:

• a copy of the original of the contract, including the additional contract or amendment thereto, signed by the parties;
• a copy of a document confirming the identity of a foreign or stateless individual who is the customer for the services provided or the work performed;
• a copy of a document confirming the registration of a foreign legal entity that is the customer for the services provided or the work performed, whether it is commercial or non-commercial (extract from the trade register, registration certificate);
• Detailed information about the services provided or work performed under the contract, confirmed by the customer’s signature (purpose, start and end date of the contract, current status, expected result, circle of beneficiaries, scope of work and service, place and amount to be provided) - with notarization;
• if another person submits the application, a power of attorney confirming his authority;
• if the contract is signed by a person who is not a legal representative, a copy of the document confirming his appropriate authority;
• if there are other executors of the contract, information about them.

A copy of a document confirming the registration of the foreign legal entity that is the customer of the services provided or the work performed, whether it is commercial or non-commercial (extract from the trade register, registration certificate), detailed information on the services provided or the work performed under the contract, confirmed by the customer’s signature, and if the contract is signed by a person who is not a legal representative, a copy of a document confirming his appropriate authority, certified by a notary.

A notarized translation of the contract and other documents in a foreign language must also be attached. Documents drawn up in a foreign country must also be legalized or apostille must be issued to them.

Contracts shall be submitted to the Ministry of Justice of the Republic of Azerbaijan for registration by the non-governmental organization providing the service (performing the work) no later than 15 (fifteen) days from the date of their conclusion.