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When it comes to a corporation that is described as “non-profit”, the documents of formation are called the “articles of incorporation”. This is also known as “certificate of incorporation” in some cases. Those who are planning to begin their corporation that is non-profit one in a single state should already be knowledgeable about the certain requirements of that particular state. There are so many advantages when it comes to being able to prepare for this. For instance, if you already know about the requirements of the state, you can begin right away and save your energy and effort.
More often than not, documents and forms have to be filled up. This is for the purpose of incorporating the organization of yours which is termed as “non-profit”. When you are given the form, locate the type of corporation and check the “non-profit” box. The rules and regulations as well as the fees depend upon each state, but there are common guidelines in most of these states. Let me explain more about tax exemption, the non-profit law, and the 501c3.
Your Organization’s Name
The first thing you need to do is to look for a name that suits your business which is of non-profit type. Once you have selected a name, you have to check if it is available for use. If it is, you should include that in the requirements for the state. Most organizations include the following in their names—Company, Foundation, Corporation, Ministries, and others. You can also opt for abbreviated words in the name, for instance like the commonly used “Corp”. But the final decision lies with the state. You may get to pick a name for the organization but they choose if it suits the company and if you will be allowed to use it. The purpose for such action is to make sure that your organization’s name does not sound similar to other existing organizations.
What Your Organization Is For
You should also indicate why you have chosen to open a corporation or organization that wants to follow the non-profit law. Include the purpose as well as your goals, mission statements, and vision statements. Since you do not focus on income, it becomes a requirement of the non-profit law that you should explain why your organization must come into existence. You should be able to convince the state that your organization can provide benefits to society.
Filing for a tax exemption for a society that is to be under a non-profit law is still under the decision of the state. This means that if you want to apply for tax-exemption for your corporation, you have to make an application to the Internal Revenue Services (IRS). Be sure to include a specific category of your corporation because the IRS considers this as crucial especially in the filing of tax exempt. In this case, since your corporation is of non-profit law, you should file it under 501c3. It means that your corporation is involved in charity works or it is a foundation being put up to help kids or other kinds of charity.
This also means that the organization is concerned with the overall safety of the public and is concerned about the rights of children as well as animals. To help you find your way through this complicated process, you can ask for the help of a non-profit attorney to guide you. This is the only way that you can get a tax exempt status. Also, do not forget to file for the form 1023.
The Agent Who Is Registered
In most cases, an organization of non-profit activity needs a registered agent to be able to proceed with the process of the completion of different tax requirements and other papers. If you have a registered agent be sure to include any personal details and other important information about him or her in the certificate of incorporation. That registered agent is required to provide an address of residence and his or her schedule must also permit him to be always in the organization during office hours. This makes this person a part of public record and therefore he or she holds the responsibility of any lawsuits or other issues and problems especially with tax-exemption laws.
The Person Called “Incorporator”
The “incorporator” is the person who prepares, files, and submits the papers to the state and other departments. This person’s name, address, and other details as well as his signature must also be included in the certificate of incorporation.
Directors of The Organization
In a company or organization, there will always be directors. These people will therefore have to be included in the documents. They are the ones that decide and direct the company’s activities although they do not oversee the daily activities. They are also responsible for choosing the officers of the corporation.
Officers of The Organization
If your organization has officers, it must also be included in the documents. They are the ones who are responsible in seeing the daily activities of the organization. Composed mainly of the President, Vice, President, Secretary, and the Treasurer, they make sure that the organization’s activities run smoothly.
The Main Address of Your Organization
Most often than not, it is required that you include the physical address of your company in the documents that you need to submit. This is needed as part of the non-profit law that you are filing under 501c3.
It would help if you take the time to know the different requirements and to understand the process of your state before you fully commit in doing the entire process.
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