The Legal Framework of Charitable Organization Registration in Georgia
Registering a charitable organization in Georgia follows the general procedure for a non-commercial legal person: "charitable" is not a separate registry category — an NPLE registers identically whatever its purpose. The difference arises in the tax sphere, where charitable status is defined by tax legislation and is a separate question. This page covers the registration procedure itself: where the registration takes place (Article 28), what documentation is required (Article 29), how changes are registered (Article 31), and within which decision framework (Article 32).
The Registering Organ and the Registry — Article 28
The registration of a non-commercial legal person — and of the branch or representation of a foreign NPLE — is carried out in the Register of Entrepreneurs and Non-Commercial Legal Persons. The registry is maintained by the National Agency of the Public Registry, a public-law legal person operating within the governance of the Ministry of Justice of Georgia, referred to in the legislation as the registering organ. The procedure of registration is governed by the Civil Code itself and by the rules established for the registration of entrepreneurial entities — a single registration infrastructure in which commercial and non-commercial entities appear in one and the same registry.
The Registration Documentation — Article 29
On applying for registration, the interested person submits to the registering organ a partners' agreement and an application; the application must contain the mandatory data established by the Code and by the Law on Entrepreneurs. The founding documentation must additionally indicate: the purpose of the organization's activity; the procedure of admission, withdrawal and expulsion of members — where the organization is membership-based; the organ empowered to decide on reorganization or liquidation, together with the decision-making procedure; and the manner of creation of the governing organ and the term of its authority. Together with the registration, the registering organ creates the organization's electronic address within the unified electronic portal; the organization may maintain a registered telephone number or e-mail address to which an electronic notice is deemed delivered. Writing down the charitable purposes precisely and thoughtfully matters precisely at this stage — future assessments of disposals and of the organization's activity will return to these formulations.
Registration of Changes — Article 31
The basis for changing registered data is a decision duly adopted and certified by an authorized person or organ, or a transaction drawn up by authorized persons in the manner prescribed by law. A change is considered effected from the moment of its registration in the registry — which in practice means that an internal decision alone, without the registry entry, can neither change the purposes nor renew the governing circle in relations with third parties.
The Decision-Making Framework — Article 32
The registering organ takes decisions within its competence under the laws on the Public Registry and on Entrepreneurs; the dissolution of the organization follows the general procedure established by the Law on Entrepreneurs. Two grounds for suspending the registration procedure are of particular importance: where the purposes of the submitted organization contradict the law in force, recognized moral norms or the constitutional-legal principles of Georgia; and where the corresponding conditions provided by the Constitution exist. This means that the formulation of purposes is not a formality but the keystone of the registration gate. The practical recommendation is simple: the purposes should be written so that, on the one hand, they are consistent with moral and constitutional principles and raise no dispute, and on the other, they cover the organization's real activity — so that neither future expansion nor narrowing becomes a problem.
The same norms extend to the branch and representation of a foreign non-commercial legal person: their registration likewise takes place in the same registry, before the same registering organ and under the same procedure applied to the branches of entrepreneurial entities. For the Georgian programs of international donors this means that starting permanent activity in Georgia formally passes the same registration gate as founding a local organization — the difference lies only in the provenance of the documentation. Changes are managed analogously: decisions of the head organization concerning the Georgian branch trigger amendments to the registration documents and require entry in the registry — otherwise they cannot be properly perceived in relations with third parties.
Frequently Asked Questions
Does a separate charitable registry exist?
No. Registration takes place in the common Register of Entrepreneurs and Non-Commercial Legal Persons, maintained by the National Agency of the Public Registry.
What goes into the founding documentation?
A partners' agreement and an application, plus the purpose, membership rules, the reorganization/liquidation organ and the governance rules.
When is a change considered effected?
From the moment of its registration in the registry.
When can registration be suspended?
Where the organization's purposes contradict the law, moral norms or constitutional principles.
How We Help on Legal.ge
Charitable organization registration begins with the correct formulation of purposes and ends with a distinct position in the registry. On Legal.ge you can engage a non-commercial-law specialist who will prepare the documentation, factor in the tax perspective and plan the full cycle. Submit a request on the site and get qualified assistance.