HOW DO I FORM A NONPROFIT?
LEGAL SERVICES
If you are looking to form a nonprofit in the Hudson Valley, you need to follow these general steps:
Choose A Name For Your Nonprofit:
Select a name that is not already in use by another organization in the state of New York. Although the New York Department of State has a database of entity names it is not always current or complete. It is best to check with a professional.
Draft And File Your Certificate Of Incorporation:
The Certificate of Incorporation is the legal document that establishes your nonprofit as a corporation in the state of New York Depending on the nature of your activity, you may also need the consent of the Department of Health, Department of Education, or other government agency
Obtain An Employer Identification Number:
You will need an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) to open a bank account for your nonprofit and to apply for tax-exempt status. You can apply for an EIN online at the IRS website.
Create Your Nonprofit's Bylaws:
Your bylaws will establish the rules and procedures for operating your nonprofit It is
recommended that you consult with an attorney to ensure that your bylaws comply with legal requirements and best practices.
Apply
For Tax-Exempt
Status:
You need to apply to the IRS to be recognized as tax-exempt. Charities use form 1023, and most non-charities use form 1024. The applications can be time-consuming and complex, so it may be helpful to work with an attorney.
Register With The New York State Charities Bureau:
Charities are required to register with the New York State Charities Bureau, a division of the Office of the Attorney General.
Obtain Any Necessary Licenses And Permits:
Depending on the nature of your nonprofit's activities, you may need to obtain certain licenses or permits at the local, state, or federal level. It is important to research these requirements and comply with all applicable laws and regulations.
It is recommended to consult with an attorney who concentrates in nonprofits to ensure that you have completed all the necessary steps correctly and in accordance with federal and New York State law
