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The formation documents for a non-profit
corporation are also termed the articles of incorporation,
or certificate of incorporation. Individuals who would like
to start his or her non-profit corporation in the state,
must be aware of the requirements. If you’re well
prepared regarding the needs of the state and what you have
to provide in order to form a nonprofit organization in
a particular state, you’ll save much time and energy
later in the proceedings.
Most of the time, there’s a form
that needs to be filled out, in order to incorporate your
non-profit organization. On the form, simply select the
“non-profit” option on the checkbox to designate
the type of corporation. There are actually some large differences
in the fees and type of information necessary for each state,
but there are a few basics common to most states, outlined
below.
The name of the organization. After you’ve
conducted a preliminary search for the availability of the
name you’d like to attribute to your non-profit business,
and discovered that it’s available, the desired name
should be included in the information you gather for the
state. It usually ends with the suffixes "Foundation",
"Ministries", “Corporation” or “Company”
etc. Most of the time, use of abbreviations is acceptable,
and they’re written as “Corp.” or “Inc.”
etc. The state decides finally whether the desired name
will be allowed for the company and either grants it or
refuses it (based on whether it finds it deceptively similar
to any existing companies).
The purpose of your business. Information
on why you’ve opted for a non-profit corporation and
what its aim and purpose are, should be included in the
articles of incorporation you send to the state. Unlike
profit-oriented corporations, the non-profits need to give
a detailed outline of their purpose and why they’re
being brought into existence. If you want to have a tax-exemption
for your non-profit work, you need to apply to the IRS,
which is the final authority in the decision to grant it
to based on the detailed articles of incorporation you submit.
Receiving an accurate classification of your non-profit
business is essential to the IRS. If your non-profit fits
into 501(c) (3) non-profit clause, it means that your work
is related to either public charity or it is a private foundation
aiming at educational, religious, literary or charitable
works. It also includes public safety measures, development
of amateur sports, prevention of cruelty to animals and
children etc. You should be aware that, to get tax-exempt
status, you need to file with the IRS and fill out the form
1023. Other procedures are also mandatory in some states,
and your state department of taxation can guide you in this
regard.
The Registered Agent. Even a non-profit
corporation needs to have a registered agent to deal with
the tax and legal documents – and information about
the agent must be included in the articles of incorporation.
He or she must possess a physical address in the state of
formation and also must be present during business hours.
He or she is responsible for the initiation of any lawsuits
and for receipt of taxation documents from the concerned
department. His or her address is a matter of public record.
The Incorporator. In the formation documents,
the name, address and signature of the incorporator (the
one who is preparing and filing the documents with the state)
needs to be included.
The Directors. On the formation documents,
many states require a list of the names and addresses of
the directors of the non-profit corporation. Though they
may not be responsible for the day-to-day activities of
the business, they determine the overall direction of the
company and are responsible for any major decisions. They
appoint the Officers of the non-profit.
The Officers. Some of the states insist
on listing the information of the officers in a non-profit
corporation. They are involved in the day-to-day activities
of the corporation and they include the President, the Vice-president,
the Treasurer and the Secretary.
The principal address of the non-profit.
Some of the U.S. states may require the legal address of
your non-profit corporation.
Taking time and care when assembling this
information makes it easier for you to approach the state
authorities for incorporation.

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