Identify the exact form
The label “non-profit” does not answer whether insolvency is permitted.
Liquidation is different
Voluntary termination cannot replace mandatory insolvency where assets are insufficient.
No automatic founder liability
Claims against founders or managers require an independent legal basis and evidence.
Which non-profits may be insolvent?
Civil Code Article 65 permits insolvency unless the entity belongs to an excluded category. An ordinary autonomous non-profit, association or union may therefore be a debtor. A foundation requires review of the statute under which it was created; insolvency of a particular public-benefit foundation may be expressly excluded.
Institutions, political parties, religious organisations and public-law companies cannot be declared insolvent. A state corporation or state company may be insolvent only if its founding federal law permits it.
Entity form checklist
| Form | General approach | Review |
|---|---|---|
| Autonomous non-profit | May be insolvent | Charter, register, assets and liabilities |
| Association or union | May be insolvent | Membership obligations and charter |
| Ordinary foundation | Depends on special legislation | Purpose and governing statute |
| Institution | Excluded by Article 65 | Institution type and owner liability |
| Political or religious organisation | Insolvency unavailable | Exact register classification |
| Public-law company | Bankruptcy unavailable | Register classification and founding law |
Grounds and filing
Eligible non-profits follow general legal-entity insolvency tests. A creditor verifies the claim, Article 33 threshold and default. Management must assess the filing duty under Article 9 where continued selective payments harm other creditors or assets are clearly insufficient.
The petition should disclose creditors, employees, public claims, assets, accounts, receivables, litigation and enforcement. A non-profit may own significant property even though it does not distribute profit.
Restricted-purpose assets
Property transferred to a non-profit ordinarily belongs to the organisation, but treatment depends on title, contract and purpose. Endowment property, grants, subsidies, restricted donations and third-party assets cannot be treated as one unrestricted pool without analysis.
Management and founder liability
Most founders are not liable merely because they established the entity. A director, board member or de facto controller may nevertheless face ordinary insolvency liability if control, breach, causation and loss are proved.
Review undervalue transfers, preferences, fictitious services, missing records and late filing as separate issues.
Checking the filing threshold and preparing evidence
For an ordinary legal-entity case, Article 33(2) of Law No. 127-FZ sets the general test at aggregate qualifying claims of at least RUB 2 million unpaid for three months after they fell due, unless the law provides otherwise. Check the debt’s nature, evidence and any special filing rules. This threshold does not replace a separate assessment of management’s Article 9 filing duty.
Two hypothetical cases. An autonomous non-profit with RUB 3 million unpaid for four months passes that general amount-and-time test, but admissibility and evidence still require review. An institution with the same debt is excluded from bankruptcy because of its legal form: the amount cannot override Civil Code Article 65.
- Form and authority: a current register extract, charter, formation documents, any special founding law and governing-body decisions.
- Debt: agreements, acceptance records, payments, court decisions, separate principal and penalty calculations and due dates.
- Assets and money: financial statements, bank statements, inventory, ownership and security documents and receivables.
- Restricted funding: donation, grant or subsidy agreements, budgets, reports, repayment conditions and use-of-funds evidence.
- People and liabilities: employee claims, public liabilities, current litigation and enforcement.
For each disputed asset, record who transferred it, who owns it, its purpose, the restriction or repayment condition and the supporting evidence. Labelling a bank transfer “donation” does not answer every one of those questions.
The form and threshold guidance was added on 21 October 2026 using Civil Code Article 65 and Bankruptcy Law Article 33. The examples are hypothetical, not reported court cases.
Practical steps
- Obtain the full register extract, charter and any special founding statute.
- Determine whether this exact organisation is eligible for insolvency.
- Separate owned, restricted, public and third-party assets.
- Support creditor and employee claims.
- Review transactions and management decisions.
- Compare voluntary liquidation with the statutory insolvency filing duty.
See corporate bankruptcy, the debtor petition and the creditor petition.
Frequently asked questions
Can an autonomous non-profit be declared insolvent?
Generally yes, where no special exclusion applies and the Bankruptcy Law tests are proved.
Can a budgetary institution be declared insolvent?
No. Institutions are excluded by Civil Code Article 65 and follow other liability and liquidation rules.
Is the founder liable?
Not automatically. A special statutory rule or proven controller-liability grounds are required.
Does a donation enter the estate?
That depends on ownership, restrictions, purpose and special legislation.
Can an indebted non-profit simply liquidate?
Where assets are insufficient, the statutory duty to move into insolvency must be assessed.
Official sources
- Civil Code Article 65;
- Federal Law No. 7-FZ Article 18;
- Federal Law No. 127-FZ;
- Fedresurs;
- Federal Tax Service register.
Non-profit unable to pay creditors?
We can assess entity form, exclusions, assets and filing duties without promising a predetermined result.
Initial consultation