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PDF Editor FAQ

I want to start a non-profit, where do I start?

Here's how to form a 501(c)(3) nonprofit (there are a bunch of different types):Form the right entity. This depends on the state you want to form your nonprofit in. A few states allow LLCs to be nonprofits, but most states do not. Some states (such as New York) have an entity type called a Not-for-Profit Corporation; in other States (such as Delaware), the entity is simply a Non-Stock Corporation. The entity is formed when the entity's charter (usually called the Certificate of Incorporation) is filed with the Secretary of State of the relevant State. However, be aware that special language, available from the IRS website, must be in the charter.Adopt bylaws for the entity, which can include a Conflict of Interest policy if you want to make the IRS happy.Hold an organizational meeting. If directors have not been elected, elect them, and ratify all the relavent documents. While it is not in any law, the IRS prefers that there be at least 3.Obtain an EIN here: Apply for an Employer Identification Number (EIN) OnlineFile IRS form 1023 or 1023-EZ. The EZ form is a much shorter application, but there are traps, and some in the nonprofit community believe that filers of EZ will be more closely scrutinized down the road. The IRS estimates that the regular 1023 will take about 100 hours to complete for a lay person. Through the process, you will be forced to understand your nonprofit and its operations and activities better. You may also want to get an accountant on board because 1023 requires a good deal of financial projections to be done.You won't hear from the IRS for awhile, but they will call if they have questions.If the IRS is happy at the end of the day, they will mail you a favorable determination letter; if not, you will receive an adverse determination. If the latter, you can try apply again, but it is harder to get an organization which has been rejected to be approved.Register as a charity in your state and any other state where you may be fundraising substantially. Each state has its own registration requirements, and thresholds which trigger the need to register. Reading the URS can be helpful: INSTRUCTIONS for Unified Registration StatementI'm a lawyer, but not your lawyer. This is not legal advice, just general information, so depend on it at your own risk. The internet is a scary place, so don't believe every thing you read. If you need legal advice, hire a lawyer to be your lawyer =)

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