By NEO Law Group
Although the vast majority of individuals who set out to start a nonprofit do so with the best of intentions, starting a nonprofit requires much more than just good intentions.
Founders should invest meaningful time and thought in determining whether they can access the human, financial and other resources necessary to create a sustainable organization that will effectively and efficiently bring value to the public. And they should understand the various considerations and issues involved with starting and operating a nonprofit. For a Step-by-Step Guide for Starting a California Nonprofit, check out our article for CalNonprofits here.
Form 1023 The IRS has released an updated Form 1023, revised December 2017. Form; Instructions. For organizations submitting the full Form 1023, the user fee is now $600. The instructions indicate that organizations should refer to Rev. Proc. 2017-5, 2017-1 I.R.B. 230, or a later revision for updates to...
The term “member” is a term of art defined in California Nonprofit Corporation Law (the “Law”). Generally, a member under the Law (sometimes referred to as a “statutory member” or “voting member”) means any person who, under a provision of a corporation’s articles of incorporation (“articles”) or bylaws, has...
A nonprofit organization organized and operated for charitable purposes may be exempt under Section 501(c)(3) of the Internal Revenue Code while a nonprofit organized and operated for social welfare purposes may be exempt under Section 501(c)(4) of the Code. We are often asked about the difference between the terms “charitable”...
The ABCs of Nonprofits, now in its second edition, is an excellent resource for nonprofits, their leaders, and their advisors on many of the legal issues affecting nonprofits. Author and highly respected nonprofit organizations attorney Lisa Runquist has just made this valuable book available in Spanish. Here’s what Lisa...
Increasingly, for-profit corporations are expanding their goals beyond profit-maximization and pursuing social or charitable goals. For owners of some of these corporations whose sole focus becomes a charitable purpose, conversion into a nonprofit organization can provide new sources of financial and social capital. However, whether a corporation should convert...
We are presenting two Continuing Legal Education (CLE) programs for Lawline on Friday, January 13, 2016 that we hope California attorneys will find helpful in their representation of nonprofits: Forming a California Nonprofit (Erin) This program will discuss the process of forming a California nonprofit entity, going through the legal...
501(c)(3) organizations have numerous tools at their disposal for achieving their charitable purposes, and also have the distinct advantage of being able to receive contributions that are generally tax-deductible for donors. However, in exchange for tax-exemption and the ability to receive deductible charitable contributions, the law places some limitations...
An environmental purpose is not one of the seven exempt purposes specified in Section 501(c)(3) of the Internal Revenue Code (the “Code”). However, many environmental organizations qualify for exemption under 501(c)(3) because their activities further charitable, educational, and/or scientific purposes. Although there is no explicit mention of environmental purposes...
Erin is presenting a live webinar titled, Complexities of Starting a Nonprofit in California, for Lorman on October 13 at 10:00 a.m. – 11:30 a.m. PST. Here is the description of the program: This topic will cover the process of forming a California nonprofit entity, going through the legal considerations involved in each step...
Most new charitable nonprofits other than churches will seek 501(c)(3) recognition from the IRS. Since July 2014, qualifying nonprofits have been able to apply for recognition of 501(c)(3) tax-exempt status using either Form 1023 or the much simpler Form 1023-EZ. While Form 1023-EZ has since become the more popular application form,...
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