SERVICES
SECTOR
What
is the Services Sector?
1º. Sector: State
2º. Sector: Market
3º. Sector: Entities
The Services Sector
is represented by the entities of the Civil Society, a non-profit public organization, aiming at managing projects, assuming responsabilities, fostering
initiatives, and providing the resources necessary to the socio-environmental
development of the country. The Civil Society is built according to the law,
and is free to undertake solidary private initiative. It makes no profit and is only intended to the public interest.
Usually, entities
are described as follow:
- Non-profit organization (NGO). Originally,
the term has been used by the United Nation Organization (UNO) in 1950
to define an organization that “has not been established through
governmental
terms”. Basically, it fits any non-profit organization
without governmental affiliation.
- Civil Association. Legally acknowledged by
the Article 5°. of the Constitution of the Brazilian Federal Republic of 1988 and by the Federal Law 10.406/02.
- Civil Society Organization of Public Interest (OSCIP). It is acknowledged by the Federal Law 9.790/99. The
state formally recognizes its existence as a privately-owned organization with
public interests. Its company-like structure is designed to achieve social objectives. Poorly advertized so far, few people know about it.
What is the importance of the Services Sector?
The state usually
is not able to attend all social and environmental claims and is confronted to related
employment issues, which makes the situation even more complicated and processes delayed. Consequently, the Services Sector is a relevant alternative
to the government considering the cost of state entities which is three times the
economic cost of privately-owned entities acting in the same sector.
How to make an entity of the Services Sector?
First, define the
entity’s objectives: Why? For what?;
Gather a group of
people, all strongly interested in achieving the same objectives;
Create
a Commission
in charge of writing the Entity Charter and present a draft that will
be discussed, analyzed, modified if necessary, to get the final
approval of
entity’s members ina General Assembly (GA) (CHARTER MODEL);
Send to the invited
members a convocation for this specific AG with date, time, place and program, including
the Charter’s draft (CONVOCATION MODEL);
Conduct the GA of
the Entity’s creation;
President and
Assembly Secretary should be elected at that point;
Initiate debates,
especially regarding Charter’s objectives (it is not fixed, and may be modified
in other later GAs);
Elections should be
conducted after the Charter will be approved according to its rules;
Develop Steering
Committee qualifications, name, responsibilities, civil status, date of birth, job,
RG and CPF (ID number for strangers with certified copy of ID document), signed
by the President (STEERING COMMITTEE QUALIFICATION MODEL);
Write the GA Deed and
read it to the persons who attended the meeting;
Deed should be signed by both
President and Assembly Secretary (DEED MODEL);
List all members
who were present and get them to sign the list (PRESENCE LIST MODEL).
How to register as a legal person?
1. Look for a
Registration Consulting Office for legal persons in your city;
2. Provide all
required documents*, register the GA Deed for the creation of your entity, Charter
and all Entity documents (REQUIREMENT MODEL);
3. Provide 02 copies
of the Convocation, Charter, GA Deed, Steering Committee qualification and
Presence list for this first assembly.
* ATTENTION! Required
documents may vary from one consulting office to another.
In addition...
- Look for an
accountant to book-keeping your entity expenses;
- Your entity should
be added to the National Cadastre of Legal Person (CNPJ) in the Secretary of
Federal Receipt (SRF );
- If desired, ask for
the OSCIP status for your entity (OSCIP ) and send all required documents to the
Justice Ministry (MJ);
- Open a bank account;
- Create your
entity’s official website;
- Develop projects, annual
plans for funding solutions and assessment plans;
- Good luck !!!
Suggesting references
São Paulo. 2000. Secretaria do Meio Ambiente. Procedimentos para a criação de
uma entidade abientalista. Secretaria de Estado do Meio
Ambiente. São Paulo: SMA. 60p.
Organização da Sociedade Civil
de Interesse Público. 2000. A Lei 9.790/99 como Alternativa para o Terceiro
Setor. 2ª. ed. Comunidade Solidária.
Brasília, DF.
Interesting
websites
Civil Society Organization of Public Interest - (OSCIP)
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