Hello everyone, how are you all? We are already in September 2022, and, in theory, we were supposed to be, (the organizations of Civil society – CSOs), raising resources from the General Budget of the Union – OGU, by law, is generally from the first to the twentieth of September of each financial year. However, as it is an election year we are still not completely sure when the fundraising process will take place. Therefore, we want to know how much experience is needed for a Non-Profit Institution to be able to raise funds from the Union, states and municipalities?
Therefore, many Institutions/Non-profit Organizations are left with doubts: – Is my institution able to raise funds from the Union? Do we have enough experience? Are we fit?
Therefore, I will carry out a technical analysis of the legislation and make available Soon Below are the correct and appropriate answers.
Technical analysis
A Law no. 13,019/2014, it says:
Art. 33. To celebrate the partnerships provided for in this Law, organizations of the Civil society must be governed by internal organization rules that expressly provide for:
…
V – possess:
- at least, one, two or three years of existence (emphasis added), with active registration, (our emphasis), proven through documentation issued by the Brazilian Federal Revenue Secretariat – RFB, based on the National Register of Legal Entities – CNPJ, according, respectively, to Partnership whether celebrated within the scope of the Municipalities, the Federal District or the States and the Union, (emphasis added) the reduction of these deadlines by a specific act of each entity is permitted in the event that no organization reaches them;
- previous experience in effectively carrying out Object from the Partnership or of a similar nature;
In the letter "The" of art. 33 of the respective law we have the following information:
- The institution must have one, two, or three years of existence in the RFB, as, respectively (emphasis added), The Partnership occurs at the level (emphasis added) in municipality, state or Union. That is, for municipalities: one year, for states: two years and for the Union: 3 years.
In the letter "B" of art. 33 of the respective law we have the following information:
- Requirement of prior experience in creating objects with a similar nature. As can be seen, the text does not establish time. In this case, where do we find this information? In the decree that regulates the law.
A Decree no. 8,726/2016 which regulates the Law no. 13.019/14, it says:
Art. 26. In addition to the presentation of the Work plan, the organization of Civil society selected, within the period referred to in the caput of art. 25, must prove compliance with the requirements set out in item I of the caput of art. 2nd, in items I to V of the caput of art. 33 and in items II to VII of the caput of art. 34 of Law No. 13,019, of 2014, and the non-occurrence of hypotheses that fall within the prohibitions referred to in art. 39 of the aforementioned Law, which will be verified through the presentation of the following documents:
…
II – proof of registration in the National Register of Legal Entities – CNPJ, issued on the official website of the Brazilian Federal Revenue Secretariat, to demonstrate that the organization of Civil society has existed for at least three years with active registration, (emphasis added);
III – proof of previous experience in carrying out the Object from the Partnership or of Object similar in nature to, at least one year of technical and operational capacity, (our emphasis), and the following may be admitted, without prejudice to others:
Section II of the aforementioned decree provides:
- That the Institution needs to have at least three years of existence in the RFB to agree with the Union, the text is almost similar to the law, with an addendum. While the Law says: three years, comma, with active registration, (emphasis added). I.e, by law there are two distinct requirements. One thing is have three years of experience, another thing is to have the active registration at the Brazilian Federal Revenue Service – RFB. The question is, does the active registration have to be for one, two or three years?
- The decree, however, regulating the legislation, provides slightly different information, it says: “…organization of Civil society has existed for at least three years with active registration…”. According to the decree, the institution needs to prove three years of existence in the RFB with active registration.
- However, the decree in section III, informs that: “…proof of previous experience in carrying out the Object from the Partnership or of Object similar in nature to, at least one year of technical and operational capacity…”.
- So prior experience is actually one year, consequently the fitness, the fact of be “fit” is also from, at least one year. Since for the RFB the institution is APT is synonymous with the fact that it is, by law, qualified to carry out its activities in all its legal, legal and administrative fullness.
REGISTRATION STATUS of the Institution
- Therefore, for an institution to be able to prove at least one year of experience, it has to rigorously prove that it is APT, there is at least, ONE YEAR.
Table
| Type | Existence/RFB | Fitness | Experience |
| Unity | 3 years | 1 year | 1 year |
| States | 2 years | 1 year | 1 year |
| Counties | 1 year | 1 year | 1 year |
Follow for knowledge, SMJ.
Brasília, September 8, 2022.
Well guys that's it, thanks for getting this far. If you have any questions regarding the above subject, please contact me on WhatsApp.
A hug and may God bless you all.
