How to obtain the status of a social enterprise?

Are you already a member of the association? Members are advised free of charge to receive the status so.p.

 

A social enterprise is a status acquired by an already established or newly established non-profit legal entity that is not established solely for the purpose of obtaining profits and the property does not share, nor does it share the generated surplus of revenues over expenses and meets the conditions and principles set forth in the Change Act and amendments to the Social Entrepreneurship Act (ZSocP-A) – in force from 15th March 2018.

Therefore, the status of a social enterprise does not change your company or institution to a new company, as some people misinterpret.

 

WHO CAN BE SO.P.?

The status of a social enterprise can be obtained by legal entities that are NOT PROFIT: e.g. society, institute, institution, cooperative, European cooperative, employment centre, disability company, as well as company, that is, all legal entities that have been defined in the act that they are not established exclusively for the purpose of obtaining profit and property, do not share the created surplus revenue over expenses among owners.

We emphasize that non-profit does not mean that you should not sell but is only tied to the distribution of profits at the end of the year among the owners, that is, the surplus of revenue on expenses (for example, costs of material, services, salaries, travel expenses …). Non-profit status also brings a little more administration, for example, the management of accounting after the distribution is profitable (sale on the market) and non-profit (public funds, tenders, subsidies, membership fees, donations …), which in societies, institute, institutions is already doing so.

 

APPLICATION

To obtain status so.p. an application for registration of a social enterprise is submitted to the competent authority or usually the district court, which, pursuant to paragraph 5 of article 7 of the ZSocP-A determines the conditions for acquiring the status of a social enterprise. The application must also include the decision of the founder that the applicant intends to operate as a social enterprise.

All the documents you need to prepare to get the status of social enterprise:

  1. adapted statute of incorporation, statute of association or cooperative rules (contents Article 12 ZSocP-A) – certified signature
  2. the decision of the founders or the competent body of a non-profit legal entity that it intends to operate as a social enterprise – a certified signature
  3. personal names, identity number, citizenship and the address of permanent or temporary residence of all persons who have a mandate to represent and for societies the extent of the powers,
  4. proof of the amount of possible funds for the commencement of work or for societies value of property,
  5. the fact that a legal person is not in bankruptcy, a compulsory settlement or liquidation procedure, and that all due taxes and social security contributions for workers are settled (ex officio mandatory only when transforming the company into a social enterprise).
  6. but also, a note, maybe some court will ask you for some other document, such as, for example, (Decision amending the founder of the institute, abbreviated name of the institution, its transformation into a social enterprise and a decision amending the act notified in accordance with the proposal and the accompanying act.)

and, of course, prepare forms for applying to the court register, if you are preparing the application yourself (PROPOSAL FOR ENTRY IN THE COURT REGISTER, SPR-1, SPR-2 …).

 

REGISTRATION PROCEDURE

NOTE: the registration process also refers to the “old” ZSocP law, since the responsible MGRT site has not been updated yet.

Source: http://www.mgrt.gov.si/en/delovna_podrocja/socialno_podjetnistvo/registrski_postopek/

The application for registration of a non-profit legal entity as a social enterprise shall be submitted to the competent registry authority. This is also the case when a non-profit legal entity (for example, a company, d.o.o.) is already established and registered in a social enterprise during the procedure.

Procedure:

Non-profit legal entity society institute institution a company, a cooperative, a European cooperative
Legal basis for registration / issue of consent The Law on Associations

Law on Institutions

(Ur. l. RS, št. 64/11– UPB2)

Law on Institutions

(Ur. l. RS, št. 12/91 et seq.)

The Companies Act (Ur. l. RS, No. 70/05, and No. 91/05- popr.)

The Companies Act (Ur. l. RS, No. 65/09-UPB3 et seq.)

Cooperatives Act (Ur. l. RS, No. 97/09)

The ministry is responsible for the law that forms the basis for registration / registration MNZ MJU MNZ MGRT/MKO
Registration authority administrative unit in the area of which the company is headquartered district courts / court register the competent ministry for granting consent to the act district courts / court register
Terms of establishment determined by the ZSocP and the legislation regulating the organization of a particular type of non-profit legal entity.

 

By means of an act deciding on the entry of a non-profit legal entity into the register, the registration authority decides to enter the “social enterprise” entry in the name of a non-profit-making legal entity (so.p.).

By enrolling this transfer into a register or a public record, a non-profit legal entity acquires the status of a social enterprise and can start business as a social enterprise.

 

REPORTING

The organization must also fulfil the conditions even after obtaining the status if it does not, lose it. Within one year of obtaining the status, you must provide evidence of the commencement of business to the Ministry (MGRT). Once a government regulation is adopted, it will also be necessary to monitor standards, criteria and indicators for measuring social effects from the activities of social enterprises.

At the annual balance sheet, it is also necessary to produce a short report Breakdown of Funds for so.p., where we show how much income was generated from the social and business activity (in the event that our company performs another activity).

If you need help, we are here. Contact us at zdruzenje@socialnaekonomija.si

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