Considerations For Starting A Non
Advantages:
- Incorporating protects your personal assets from your non-profit’s lawsuits and creditor claims. It also protects your trustees, officers and volunteers.
- New York non-profits are usually exempt from federal tax on any income that’s related to your organization’s exempt purposes.
- You can obtain an exemption from collecting sales and use taxes if your organization is formed under IRS Section 501.
- Your non-profit may qualify to receive public and private grant money.
Disadvantages:
- Because your non-profit is not owned by you or your shareholders, you won’t have individual control and autonomy over your organization.
- More paperwork is involved, such as creating bylaws and recording and maintaining corporate minutes.
- You’ll need time and money to apply for the federal tax exemption, and you’ll need an accountant or legal professional to help you operate your non-profit.
- Your non-profit’s finances are subject to public inspection.
Introduction To New York Religious Corporations Law
In many circumstances, it can be beneficial for organizations of a religious nature to form a corporation. For example, when a religious organization incorporates, they will have access to the same legal benefits afforded to corporate entities, including limited liability.
When a religious group forms a corporation, they will be subject to the New York Religious Corporations Law . These groups are also governed by the Not-for-Profit Corporations Law in certain circumstances. When these two laws interact, it can be very complicated. Any religious group that is thinking about incorporating needs to seek guidance from a lawyer to make sure they fully understand both the NPL and RCL.
Thanks to the Establishment Clause of the United States Constitution, establishing a religious corporation is considerably easier than forming other types of corporations. In the New York RCL, you will find statutes that cover all types of religious corporations, as well as statutes that apply to specific denominations.
If your religious group maintains a building intended for worship, you will need to file Articles of Incorporation in the county where your organization is physically located. This differs from other corporations who must file their Articles of Incorporation with the State.
You should contact an attorney for selling property as a religious corporation or attempting to dissolve your religious corporation.
Churches of New York are allowed to:
Working With Berger Fischoff Shumer Wexler & Goodman Llp
Our law firm, Berger, Fischoff, Shumer, Wexler & Goodman, LLP, has a dedicated religious corporation team.
In addition to assisting with the formation process, our real estate attorneys can also provide services related to:
- Selling, financing, or leasing a religious corporation property
- Dissolving a religious corporation
- Resolving religious corporation disputes
When it comes to corporate litigation prosecution and defense, dispute resolution counseling, and strategic planning, our attorneys take a pragmatic, customer service-first approach. Plus, we offer a concierge service to make working with us as convenient and cost-effective as possible. Check out our testimonials to see what clients have to say about Berger, Fischoff, Shumer, Wexler & Goodman, LLP.
For more information about our religious corporation legal services, contact a law firm team member today. We have offices on Long Island and in New York City, so were available for counsel throughout the state.
Forming a religious corporation in New York is an exciting prospect. Whether you want to form a church, synagogue, temple, mosque, or another place of worship, New Yorks culture of inclusion and faith is on your side.
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Registering A Church Corporation
You may obtain a sample of a Church Corporation by clicking on the link above. You must file three original Church Corporations , which must be notarized and bear the original signatures and addresses of all officers of the corporation. You may file a Church Corporation by mail or in person at the County Clerks office.
Whether filing by mail or in person, you will receive two filings back. One stamped “filed” for your records and the other stamped “certified copy” to be sent for filing with the…
N.J. Department of RevenueP.O. Box 308Trenton, NJ 08646
It is the responsibility of the registrant to be sure the new Church Corporation is properly filed with the State.
How To Start A Church
wikiHow is a wiki, similar to Wikipedia, which means that many of our articles are co-written by multiple authors. To create this article, 44 people, some anonymous, worked to edit and improve it over time.There are 10 references cited in this article, which can be found at the bottom of the page.wikiHow marks an article as reader-approved once it receives enough positive feedback. This article received 27 testimonials and 94% of readers who voted found it helpful, earning it our reader-approved status. This article has been viewed 443,222 times.Learn more…
A church is a spiritual community that comes together in common fellowship. If you’re dissatisfied with your local options and have a group of like-minded thinkers and believers, you may be interested in branching out on your own to worship in your own way. Where to start? You can learn to begin the early informal processes and plan for an incorporated community, apply for legal status, and expand your church in the community. See Step 1 for more information.
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Getting Ordained In New York
Regardless of where in the state you are officiating the ceremony, the first step is to become a marriage officiant with the Universal Life Church. Just complete the free online ordination application found here on our website the entire process takes only a few minutes. Legally licensed ministers of the ULC perform marriages all across the state of New York on a regular basis. Soon you will be officiating a wedding too click the button below to get started.
Religious Freedom Is Permitted For Private Schools
If you are opting to begin a Christian private school that holds worship services, offers Bible lessons, and requires biblical disciplines of students, you are free to admit or not admit students on the basis of religion.
This means that, though you must admit students of all ethnicities, your school may be operated based on Christian principles and may openly be a Christian school.
However, remember that your legal documents grant you the protection that having a religious foundation provides. It is imperative that your articles of incorporation note that you are a religious school, or that your church will operate a school, and that you have a statement of faith in your bylaws to show that your corporation is governed by religious principles.
Of course, if you are choosing to have a non-religious private school, you certainly have this option.
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Forming An Educational Corporation
The New York State Education Department, under the Board of Regents, has oversight for incorporating nonpublic not-for-profit schools as Education Corporations. A not-for-profit school must first obtain a provisional charter, usually for 3 years. It should then be extended for 3 more years. Typically, after one or more extensions, the charter will be converted to an absolute, or permanent, charter, if the school meets the requirements for an absolute charter.
Please note: Education Law 807-A requires annual inspection of all grade 1-12 schools with at least 25 students and all nurseries and kindergartens with at least 6 students outside of New York City. Initial fire inspections performed on or after July 1stcan be used to meet this annual requirement. Initial fire inspections performed before July 1stwill not meet this annual requirement.
It is important to specifically describe the purpose for the incorporation in the petition. The petition should include the age of the students to be served, grades to be operated, the physical address of the school, and the type of education that will be provided, i.e. education for typically developing students or education for students with special needs, etc.,
Please consult the Questions and Answers document which explains where to send petitions, costs, and additional important information.
File Your Form 1023 Federal Tax Exemption Application
To obtain federal tax-exempt status from the IRS, you will need to complete and file IRS Form 1023, Application for Recognition of Exemption Under Section 501 of the Internal Revenue Code. This long and detailed form asks for lots of information about your organization, including its history, finances, organizational structure, governance policies, operations, activities, and more. For line-by-line instructions on how to complete the Form 1023, see How to Form a Nonprofit Corporation, by Anthony Mancuso .
Smaller nonprofits may be eligible to file Form 1023-EZ, Streamlined Application for Recognition of Exemption under Section 501 of the Internal Revenue Code. This is a much simpler, shorter form that is filed online. Only smaller nonprofits–those with projected annual gross receipts of less than $50,000 and total assets of less than $250,000–are eligible to use the streamlined 1023-EZ application. See the IRS website for more information on the Form 1023 and Form 1023-EZ filing requirements.
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Officiating A Wedding In New York
Next, you should contact the office of your local marriage authority . Let them know that you are a minister of the Universal Life Church in Seattle, and ask what they will require of you to officiate a legal marriage.
Select your City or Town Clerk to quickly generate the contact information for your local marriage authority.
Use Our Amm Wedding Helper
If the process of planning, scripting, and performing a wedding is daunting, then you need our suite of tools.We have distilled years of experience into an easy-to-use platform with training materials, quizzes, a personalized ceremony script generator, and tips to prepare you for performing marriage, all accessible through your minister profile.That’s only the beginning. After the wedding, you can share your wedding on the with our nationwide network of ministers.
OFFICIANT GOVERNMENT REGISTRATION BY STATE
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Online Ordinations Are They Legal On Long Island
The short answer is no. If it were already legal, there wouldnt be legislation before our state legislature in Albany trying to make it legal, or at least expand on who can legally perform marriage ceremonies in New York State.
Here is a link to State Senate Bill S430, which is the 2019 proposal.
The 4 previous bills that tries to give online officiants the ability to legally marry in New York are also listed in the above link to New York States website. If a new bill passes, that makes online officiants legally able to sign a marriage license, this is where you will find that information as well.
For more documentation of the couples disenfranchised and wills contested, scroll down to the article from the Nassau County Bar Associations Law Journal or follow along for a recap.
In 2017, the Towns of Smithtown and Islip limited their officiants list to only those with Civil Authority. This is because of the liability issues created by recommending someone to perform a service that may or may not be legal. Smithtown and Islip now only give information for sitting Judges, acting Mayors, appointed Marriage Officers and Clerks currently in office.
Not only is he a real Basset Hound, but he also passed away in 2008.
For more cases and information from other states see Wikipedia.
For more New York State Laws and cases there is a New York Times Article that notes cases and problems that are still ongoing.
About American Marriage Ministries
American Marriage Ministries was founded on July 4th of 2009 in Washington State. In that time we have ordained over 879,294 ministers all across the United States. To join our nationwide community of AMM ministers, you simply need to agree to our three simple tenets:
How you officiate weddings is up to you, the couple, and the members of your community. You will be one of over 41,986 AMM ministers in New York who have realized their right to perform marriage.
You can also help by ordering your official ministry credentials from our . Part of the proceeds goes to our , which supports other non-profit charities such as the Gay and Lesbian Victory Institute and the National Womens Law Center.When you purchase a package from us, you get your official ordination certificate and you get to help support a positive cause!To learn more about American Marriage Ministries, check out our page. If you have further questions, feel free to visit our or simply .
HOW TO GET
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How To Become A Wedding Officiant In New York
If the process of planning, scripting, and performing a wedding is daunting, then you need our suite of tools.We have distilled years of experience into an easy-to-use platform with training materials, quizzes, a personalized ceremony script generator, and tips to prepare you for performing marriage, all accessible through your minister profile.That’s only the beginning. After the wedding, you can share your wedding on the with our nationwide network of ministers.
How To Start A Nonprofit In New York
Welcome to our New York Nonprofit Startup Guide! If youre passionate about helping others and have an idea to serve your community, starting a nonprofit is a great way to turn your vision into a reality. There are many different types of nonprofits – religious, educational, human service oriented, animal welfare, and more. What all nonprofits have in common is a focus on helping others and benefiting their community. You are genuinely committed to these goals so you are already well on your way!
According to the National Center for Charitable Statistics, there were over 92,000 nonprofit organizations in New York in 2012. Before you start a new nonprofit, make sure you have identified an unmet need in your community and know that there are not any existing organizations serving your cause. If another organization exists, consider working together, as that may be a better way to make an impact in your community and use existing resources.
When you are ready to start your nonprofit, plan to incorporate and apply for 501 status, as these are important steps to fully achieve your goals. As a 501 nonprofit, you will be able to apply for grants and accept donations, be exempt from federal corporate income tax, and limit the liability of your organizations officers and directors. Most importantly, you will gain credibility and legitimacy for your cause, instilling the public with confidence in your organization.
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Incorporating Operating And Defending The Church
Churches need legal representation and counsel. We represent many churches and pastors in New York and in other states, and are sensitive to the needs of the various Christian communities. We also represent several multi-church bodies, which in some denominations are called dioceses, and in other denominations are called districts. For this reason we offer our legal services to Christian churches at preferred rates because of our own personal commitment to spreading the Gospel of our Lord Jesus Christ.
Most churches in New York are incorporated under the Religious Corporations Law. There are several dozen different types of religious corporations in New York, and the type to be used in a particular case depends on the form of the churchs authority structure and denominational considerations. A properly filed certificate of incorporation and a set of are the basic documents needed to incorporate a church in New York. Frequently for those documents to be valid there must be a vote of the church at a properly convened membership meeting with appropriate documentation generated.
All churches have different rules which govern how they function. These rules vary greatly from one denomination to the next. We are familiar with many of the various ways that different kinds of churches govern themselves, and can advise the church in many denominations concerning issues of internal government and how the congregation relates to the rest of the church.
Practice Areas
New Jersey & National Non
City of New York, Office of the Mayor : This is an excellent resource for New York non-profits that are seeking loans or grants. The New York City Returnable Grant Fund provides interest-free loans on a short-term basis.
Nonprofit Finance Fund: This is a community development fund that provides loans and lines of credit to nonprofits, as well as financial training workshops, analysis of businesses, and advice regarding how to maximize use of grants.
Philanthropy Front and CenterNew York: For information on how to receive funds from the New York City Council for nonprofit, community-based social service providers, visit this website. It also discusses discretionary funding for nonprofits.
USA.gov: This site offers information and services about grants, loans, management, tax information and funding directories for all states.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
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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.