The Private Foundation for the Public Benefit

Procedures for establishing a private  institution of public benefit. - Allows authors to enter rich text content.  Procedures for establishing a private institution of public benefit.

What is a private institution of public benefit?

A private institution of public benefit is an establishment established by one or more natural or legal persons to achieve one or more purposes of public benefit.

The institution shall have an independent legal personality and financial disclosure.

The corporation shall be established by a founding document from the founder and it shall have a statute.

What are the procedures for establishing private institutions of public benefit?

The procedures for establishing private institutions of public benefit are subject to the provisions of Decree-Law No. (21) of 2006 regarding private institutions of public benefit, and passes through the following stages:

  • The founder (the natural or legal person/s who establish the foundation) shall prepare the founding document of the foundation and sets its articles of association.
  • The founding document must include the name of the institution, its headquarters, objectives, the funds allocated to achieve these purposes, name of the founder, his nationality and his place of residence.
  • The articles of association must include all data related to the institution, in particular the following:
    1. The name of the institution and its headquarters.
    2. The purpose or purposes that it aims to achieve.
    3. The funds allocated to it.
    4. Method and manner of managing the institution, determining who represents it before court and in its relationship with others.
    5. Financial resources of the instit​ution.
    6. The party to which the Foundation's funds transfer upon its expiration. These funds may be transferred to the founder, if he is a legal person, subject to the approval of the Council of Ministers.

The founder submits an application to establish a private institution of public benefit to the Authentication Department, accompanied by:

  • Founding document.
  • Article of association.
  • A statement indicating the prior approval of the competent authority on the type of activity that the institution will carry out whenever the activity is subject to the supervision of such an authority. If the institution's activity is sports, that requires the prior approval of the Ministry of Culture and Sports, and so on ..
  • A completed declaration form of the real beneficiary, and no application will be accepted unless it is completed and attached to the declaration of the real beneficiary. In cases in which the Authentication Department finds that the declaration of the real beneficiary has not been submitted or the submitted permit contains incomplete information, the applicant shall be notified by any means that benefit knowledge to present the declaration with the real beneficiary or to complete the permit within a period not exceeding three days from the date of notification, otherwise the application will be considered rejected.
  • A copy of the record of required information about the real beneficiaries that the institution keeps within a period not exceeding ten days from the date of submitting the request.
  • A punishment with imprisonment for a period not exceeding two years and a fine not exceeding (500,000) five hundred thousand riyals, or one of these two penalties shall be applied to who fails to maintain a complete, accurate and up-to-date record of the required information on the real beneficiaries, and has not provided a copy of it to the Documentation Department and the legal person in violation shall be punished with the aforementioned fine.

The Authentication Department undertakes the study of the founding document, the articles of association and the accompanying attachments to ensure their compliance with the conditions stipulated in the law.

If the application meets the legal form, the Authentication Department undertakes the documentation of the founding document and the articles of association. The institution shall be registered in a special register created for this purpose. The document and the articles of association shall be referred to the Contract Administration (Official Gazette Department) for publication in the Official Gazette for the purpose of publicizing the institution.

An original copy of the founding document and Articles of Association, signed by the parties, authenticated and sealed by the Authentication Department in a paper file and archived electronically for easy reference, shall be kept.

In case of a request, To Whom It May Concern document shall be released stating that the institution was issued on such date and published in the Official Gazette on such date.

The institution may not start its business before completing the registration and publication procedures.

The institution gains legal personality once the registration and publication processes are completed in the Official Gazette.

Any amendment to the articles of association must be recorded and publicized.

The institution is subject to the general supervision of the competent authority with the type of activity it carries out, to verify that its activities conform to the laws and regulations in force. If the institution's activity is sports, it is subject to the general supervision of the Ministry of Culture and Sports, and so on.

As an exception to the provisions of Decree-Law No. (21) of 2006, it is permissible, by an Emiri decision, to approve the establishment of private institutions of public benefit, enjoying legal personality, and the rules and provisions contained in the document of its establishment and statute shall apply to them.​

Declaration of the Real Beneficiary - Allows authors to enter rich text content.  Declaration of the Real Beneficiary

​​Declaration of the Real Beneficiary is an Obligatory Procedure:

Under the Law No. (1) of 2020 regarding the Unified Economic Register, and the Council of Ministers Decision No. (12) of 2020 on the executive regulations of the law referred to, the declaration of the real beneficiary has become a compulsory procedure to apply for the registration of a private institution of public interest or the amendment of its statute, so that any of such applications shall not be accepted unless a completed real beneficiary declaration form prepared for the purpose is attached thereto.

In cases where it appears to the employee responsible for registering the private institutions of public interest that the real beneficiary declaration has not been submitted, or that the submitted declaration contains incomplete information, the applicant shall be notified by any means of notification to submit the real beneficiary declaration or to complete the declaration within a period not exceeding three days from the date of the notification, otherwise the application shall be considered rejected.

Who is the Real Beneficiary?

The real beneficiary is a natural person who permanently owns or controls effectively a legal person or a legal arrangement, or the natural person on whose behalf the operations are carried out. The real beneficiary also includes the person who exercises effective and final control over a legal person or legal arrangement.

How to Determine the Real Beneficiary of the Private Institution of Public Interest?

The real beneficiary of the private institution of public interest shall be determined as follows:

  1.  A natural person (or natural persons) who exercises actual or legal supervision or control over a private institution of public interest, by any means, whether direct or indirect.
  2. In the event that the real beneficiary is not known according to the previous clause, the real beneficiary shall be the natural person who has the capacity of legal representation of the private institution of public interest in accordance with the legislation regulating it.

What is the Required Information about the Real Beneficiary?

Private institutions of public interest shall determine the identity of the real beneficiary thereof, based on approved documents, information, or data, and such are the information that must be declared when applying for registration or amendment, and must be kept updated and supported by the supporting documents in their special register kept by them for such purpose.

The required information that must be kept in their register shall include, at least, the following:

1- Name of the real beneficiary as indicated in the official identification document, such as the personal card, ID card, passport or other documents that prove the identity.

2- The date and place of birth of the real beneficiary.

3- A statement of the nationality of the real beneficiary, or his nationalities in case of multiple nationalities.

4- Address as stated in the official identification documents such as the personal card, ID card or passport.

5- ID card number for Qataris and residents in the State of Qatar.

6- Passport number for non-Qatari residents and non-residents in the State of Qatar.

7- The date of issue and expiration of the personal card, ID card or passport.

8- The date on which the person became a real beneficiary.

9- Specifying the bases and means by which the real beneficiary exercises actual or legal supervision or control over the private institution of public interest, by any means, whether direct or indirect.

12- Specifying the date of the last update of the register containing information about the real beneficiaries.

What is the Register of the Required Information about the Real Beneficiary?

It is the register that a private institution of public interest must keep in an complete, accurate and up-to-date manner for the required information about the real beneficiaries and must submit a copy thereof to the Documentation Department within a period not exceeding ten days from the date of submitting the application. Whoever does not keep a complete, accurate and up-to-date register of the required information about the real beneficiaries and does not submit a copy thereof to the Documentation Department, shall be punished by imprisonment for a period not exceeding two years and a fine not exceeding (500,000) five hundred thousand Riyals, or by one of these two penalties. The violating legal person shall be punished with the aforementioned fine.

The register and all documents supporting the required information shall be kept in a safe place that guarantees its protection and confidentiality.

If there is any change in the required information, the private institution of public interest must seek to obtain the documents proving the occurrence of such change and update that information in the register it keeps. It shall inform the Documentation Department of all changes that occur in the required information and shall submit an updated register within a deadline not exceeding thirty days from the date of obtaining the documents proving the occurrence of the change. In the event that it is not possible to obtain the documents proving the aforementioned changes, it must inform the Documentation Department of any change in the required information within a deadline not exceeding ninety days from the date of its knowledge of such change, indicating the reasons that led it to believe that a change in the required information has occurred.

Download the Real Beneficiary Declaration Form​

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