Choose A Name For Your New York Nonprofit Corporation
The name of your nonprofit corporation must be distinguishable from the name of any other corporation, limited liability company, or limited partnership already on file with the Department of State. To see if your proposed name is available, you can search the New York business name database on the Division of Corporation’s website. You may reserve a name for 60 days by filing an Application for Reservation of of Name with the New York Department of State. The application must be filed by mail. There is a $10 filing fee.
In New York, the name of a nonprofit must contain one of the following words : “Incorporated,” “Corporation,” or “Limited,” or one of the following abbreviations: “Inc.,” “Corp.,” or “Ltd.” You cannot use certain words and phrases in your nonprofit’s name and others may be used only with written approval from the appropriate state agency.
Applying For The Employer Identification Number
In starting your nonprofit organization, step 6 is applying for the Federal Employer Identification Number . Whether the nonprofit that youre starting is destined to have paid employees or not, you still have to apply for an EIN from the IRS. The Employer Identification Number is just like the Social Security Number for organizations and any other type of business, and after receiving this number the IRS will identify your corporation with this number for all tax purposes.
Unlike the previous steps the good news is obtaining the EIN is a smooth and simple process which is done directly on the IRSs website, and in a matter of minutes you will have your EIN.
The nonprofit EIN should be stated on every document on your Form 1023 application supplemental responses so it is a major requirement for applying for 501c3 tax exemption. It is imperative to know that the Employer Identification Number is not for sale, it has no fees attached to it, and it is 100% free, and provided by the IRS directly to nonprofits. Do not pay anyone or any company to acquire the EIN for you. Do it yourself, apply for your nonprofit EIN.
Notice To Creditors And Other Claimants
One other part of winding up involves giving notice to creditors and other claimants. Under the N-PCL, you may give notice by publication in a newspaper for two consecutive weeks, and by mailing the same notice to known creditors or claimants. Creditors and claimants generally have at least six months to present claims.
Some of the rules for giving notice and responding to claims can be hard to understand. Therefore, when dealing with giving notice to claimants, you should strongly consider getting assistance from an attorney.
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Put Together Your New York 501 Nonprofit Ngo Team
New York law requires nonprofit corporations incorporated under the New York not-for-profit corporation law to have a minimum of three directors. While some states will allow fewer directors, the recognition of 501 tax-exempt status is granted by the United States Internal Revenue Service and not any particular state. While not technically a legal requirement, the IRS very strongly prefers a nonprofit to have at least three directors, and a majority of directors who are not related by blood or business. For more information about 501 director requirements, for nonprofits created inside and outside New York, please refer to this post: How Many Directors are Needed on a Nonprofit/501 Board?.
To fit into the customary definition of NGO, it is also imperative for the New York nonprofit corporation not to be controlled by government. This means that a majority of the directors on the board of the nonprofit cannot be government officials, serving in their official capacities on the board. Further, if the nonprofit is a membership nonprofit organizations), less than a majority of the voting membership should be comprised of government entities or government officials, serving in their official capacities as members of the organization.
Lastly, you will need to think of who will serve as good resource persons. These are people who can help with brainstorming, fundraising, raising awareness, and planning and implementing the activities of the nonprofit.
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- It spells out the duties, responsibilities and compensation of the Contractor.
- It states that the Contractor will not compete against the Company for a specific period of time after the project is completed.
- It prohibits the Contractor from disclosing any of the Company’s business records, computer data, trade secrets, methods of operation, et cetera.
- It prevents the Contractor from soliciting customers or clients of the Company.
- It prevents the Contractor, after leaving the Company, from stealing the Company’s employees.
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New York City General Corporation Tax Exemption
Application: No form available. Prepare an affidavit, signed by an officer of the nonprofit, with the following information:
Additional Information: The following documents should be attached as exhibits to the affidavit:
- Certified copy of the nonprofits certificate of incorporation
- Nonprofits bylaws, stating date of adoption, certified by an officer of the nonprofit
- Nonprofits profit and loss statement , and balance sheet, for the most recent year
- IRS determination letter confirming that nonprofit has been recognized as exempt from federal income tax and
- Copies of all federal, state and local tax returns filed by the nonprofit for the three most recent years, if any.
Select Your Directors & Officers
The directors of an organization come together to form a board of directors. This board of directors is responsible for overseeing the operations of the nonprofit.
The president, secretary, and other members of nonprofit who have individual responsibilities and authorities are known as officers.
The organization structure of your nonprofit in New York MUST include:
To learn more about electing a New York nonprofit board of directors, read our full guide.
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File The New York Certificate Of Incorporation
To register your nonprofit, you will need to file the Certificate of Incorporation with the State of New York.
To ensure that your nonprofit is eligible to apply for 501, in the Certificate of Incorporation you must explicitly state the following:
1. Purpose:
In order to qualify for 501 status, the organizations purpose must explicitly be limited to one or more of the following:
Charitable, Religious, Scientific, Educational, Literary, Fostering national/international amateur sports competition, Preventing cruelty to animals/children, Testing for public safety
2. Dissolution:
You must explicitly state what the assets of the organization will be used for, and what will happen to the assets if the organization is dissolved.
To be eligible for 501 status, the assets of your organization must only ever be used for purposes approved under section 501.
Section 5 of this sample IRS document provides an example of these provisions required for 501 eligibility.
File the Certificate of Incorporation
File Form DOS 1511 by Mail, by Fax, or In Person
To learn more, read our New York Certificate of Incorporation guide.
Apply To The Irs For 5013 Status
Even though you are running your corporation as a nonprofit or charitable organization, it will not have tax-exempt status until it has been approved as a 501 organization by the IRS. Indeed, many have found the process of applying for a 501 exemption to be the most intimidating part of establishing a nonprofit organization.
Receiving the 501 designation confers many benefits on an organization, but the two most important are:
To apply for exempt status, your organization will need to file Form 1023 or Form 1023-EZ with the IRS. If your nonprofit has projected annual gross receipts of less than $50,000 for the next three years, has not earned $50,000 in the prior three years, does not have assets valued at more than $250,000, and meets certain other qualifications, it can file the streamlined Form 1023-EZ. All other nonprofits must file the standard Form 1023. There is a $275 filing fee for Form 1023-EZ and a $600 fee for filing Form 1023.
If the IRS approves your application for exempt status, you will receive a determination letter that recognizes your exemption. Your organization will then be added to its list of exempt organizations. Also, donors will be able to find your name through the IRS tax-exempt organization search tool.
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Obtain Your New York State Tax Exemptions
Once you obtain your federal 501 tax-exempt status from the IRS, your nonprofit is eligible for certain state tax exemptions. To obtain an exemption from New York corporation franchise taxes, your nonprofit must file Form CT-247 with the New York Department of Taxation and Finance. To obtain an exemption from state and local sales taxes, your nonprofit must file Form 25-119.2 with the New York Sate Department of Taxation and Finance. For information and filing requirements for exemptions from income, property, sales, and other state taxes, see the New York Department of Taxation and Finance website.
Hold The First Meeting Of The Board Of Directors
The first board meeting for your business is often referred to as the organizational meeting of the board. During this meeting, the initial directors of the business will adopt the corporate bylaws, set the fiscal year, and appoint corporate officers.
This meeting and all future meetings of the board of directors must be recorded in corporate minutes. Minutes are documents that detail what was discussed and any decisions the business makes during meetings. They are kept with the corporate records.
Corporate minutes are required for all New York nonprofit corporations by law. Falling behind on this critical task can cause your business to fall out of good standing, and even jeopardize its tax-exempt status. It is important to maintain a corporate minute book. Inside you may keep originals or copies of all the signed and approved minutes or Actions by Unanimous Consent from any special or annual meetings of the corporation’s shareholders and directors.
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Why Start Your Business In New York
If you are planning on forming a business in New York with a charitable purpose, chances are you are thinking of starting a nonprofit. The state of New York offers plenty of support to entrepreneurs that want to make a difference and start a nonprofit with a diverse and well-educated population.
Nonprofits are a vital part of New York’s flourishing economy, with more than 90,000 organizations calling New York home. In fact, New York ranks first in the United States for nonprofit employment and number of nonprofit organizations. New York nonprofits employ 18.1% of the state’s workforce, and generate over $260 billion in revenue annually.
Our guide will take you through the process, step by step, to show you how to set up a nonprofit for your business.
Helpful New York Resources
New York Secretary of StateOne Commerce Plaza, 99 Washington Ave,Albany, NY 12231-0001
To Get Clear On The Purpose Of Your Organization It Helps To Ask Yourself The Basic Investigative Questions: Who What Where When Why And How:
- Who is it that my organization will impact, who are our intended beneficiaries? Whos going to administer our services? Who are the stakeholders that will help support our mission? Who are my Board members and potential staff and volunteers?
- What is the mission of my organization? Identify the problem youre trying to solve. What values will drive my organizations activity?
- Where will we accomplish our mission, where will the activities take place? Is it a local initiative, a state or regional project, or national/international in scope?
- Why am I starting this nonprofit?
- How will I accomplish my mission? How will we raise funding for operations?
Once you have the answers to these questions, you can begin to flesh out a clear mission statement and a one to three-year plan of action for your organization.
Pro tip: Dont rush the process. Spending some time now to get clear on your purpose will pay off later. Reflect on the information you gather, write more than one draft, and gather feedback from key stakeholders.
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Are There Any Other Nonprofit 501c3 Organizations Doing The Same Thing
There are over a million charitable nonprofits in the United States alone promoting and fighting one cause or another so chances are that your cause is already covered by 100 other likewise nonprofits. You need to be honest with yourself are you really going to do a better job? Do you have the resources? Can you get the funding? Do you have the drive? Can you get help from your peers? Can you find the time? Can you benefit the public?
Nine out of ten cases, youll find that you should just support existing charitable organizations instead of forming a new one because in reality, the more diverted the efforts and resources get the results for the public suffer respectively.
So You Want To Start A New York Non
A nonprofit organization is a type of business entity that operates and provides its services without the primary objective of making money. Nonprofit organizations serve the public interest and are typically tax-exempt under the Internal Revenue Code §501.
Public charities are the most popular type of 501. There are more than 1 million registered in the U.S. with total revenues of over $2 trillion. Of the public charities, just over one-third are human services groups . The next largest segment are educational groups representing about 20% of the total public charities. These include PTAs, academic institutions, schools, and booster clubs. While health care organizations only account for around 15% of public charities, they receive the lion share of the revenues, more than 60%.
If youre thinking about forming a nonprofit, heres a checklist that will help you. However, you should seek legal counsel in forming one as there are numerous legal requirements that can delay your charitys work if they arent done correctly and on time.
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Is There Anything Weird About Incorporating In New York State
If your nonprofit has a charitable purpose other than religious, you will need a written consent attached to your certificate of incorporation from another NY agency such as nonprofits helping neglected children need approval from NY Office of Children & Family Services. See our NY Nonprofit Agency Approval Contact page for details.
Select Your Board Members And Officers
The directors of a nonprofit are responsible for overseeing the operations of the organization. The directors come together to form a board.
The officers of a nonprofit are individuals with responsibilities, and the authority to execute based on their job descriptions.
Together, the officers and the board will come together to make up the organizational structure of your nonprofit.
The organization structure of your 501 nonprofit in New York MUST include:
- At least 3 directors not related to each other
- A president
The filing fee is $75.
- Checks and money orders for must be made payable to the “Department of State”
- Cash payments will only be accepted in person. Do not send cash through the mail.
- Accepted credit cards include Visa, MasterCard, and American Express
To learn more, read our New York Certificate of Incorporation guide.
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How To Retain Your Non
After forming your New York not for profit organization, be sure to follow specific guidelines to retain your non-profit status.
- Keep detailed records of all sources of income.
- File annual reports.
- Keep unrelated activities separate from your non-profit and pay separate taxes on them. This income could jeopardize your nonprofit status if it makes up a substantial portion of your business.
- Ensure that the time and resources spent on your non-profit are related to your organization’s exempt status.
- Maintain detailed records of corporate meetings.
- Make sure your non-profit’s assets are distributed to another tax-exempt group when and if it dissolves.
- Do not make loans to any of your directors or officers.
- Do not issue shares of stock or pay dividends or other shares of income to members, directors or officers.
Advantages Of Starting A 501c7 Social Club
- Becoming a tax-exempt organization can allow club members to pool funds together for a shared recreational purpose.
- Having 501c7 status can give your social club credibility, which can be helpful when recruiting new members or partner organizations.
- Managing a social club provides an opportunity to exercise leadership skills, build administrative knowledge, and increase your familiarity with running an organization. This can be helpful for gaining resume experience and transferable career skills.
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