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Notes on Nonprofit Formation

repository for docs related to the task entry and dependencies at
@3.5) collate regulatory docs on nonprofits
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NYLPI (New York Lawyers for the Public Interest) - useful handbook:
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selected excerpts:
“The corporation’s name generally must include a corporate indicator, i.e., one of the words “corporation,” “incorporated” or “limited,” or an abbreviation thereof, with the following exceptions:
<...> New York does not require a corporate indicator for corporations formed exclusively for “charitable” purposes. New York law does not define what are considered to be “charitable” purposes and the New York Department of State interprets the term very narrowly. Thus, even if the corporation does not need a corporate indicator in its name to incorporate in Delaware, it may need to add one to its name to qualify to conduct business in New York.”
“(i) Choice of State.
It is not uncommon for a not-for-profit corporation operating in New York to be incorporated in Delaware. The reasons for doing so vary, but incorporating in New York is generally more time consuming and a New York not-for-profit corporation must obtain approvals for certain fundamental corporate changes (e.g., changes in the purposes clause of its Certificate, mergers and dissolutions) from the New York State Attorney General, and under certain circumstances, also the New York State Supreme Court. The current fees for filing and obtaining a certified copy of a Certificate of Incorporation in New York and Delaware are $85 and $139, respectively.
If the corporation is incorporated in Delaware, it must qualify to conduct business in New York or any other state in which it plans to operate (e.g., through employing individuals and/or renting office space). This is accomplished by filing an application for authority to conduct business in that state with the appropriate Secretary of State. The fees for filing and obtaining a certified copy of an Application for Authority in New York are currently $170.”

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nolo.com overview
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key steps summarized:
choose directors (at least 3) + officers
choose name
appoint NY dept of state as registered agent
prepare & file nonprofit articles of organization ($75 filing fee)
incorporation instructions from NY DoS:
https://www.dos.ny.gov/forms/corporations/1511-f-l_instructions.pdf
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prepare bylaws
hold board meeting
obtain EIN
file biennial report
obtain federal tax exemption
obtain NY state tax exemption

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harbor compliance - overview and summary
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“fast facts” excerpted:
Below is an overview of the paperwork, cost, and time to start an New York nonprofit.
Paperwork
New York Agency Approval of Purpose, if required
Form DOS1511-f-l: New York Not-for-Profit Certificate of Incorporation
Bylaws
IRS Form SS-4: Apply for EIN
IRS Form 1023: Application for 501(c)(3) Exemption
IRS Determination Letter
NYS Tax Registration, if required
NYC Tax Registration, if required
Form CT-247: Application for Exemption from Corporation Franchise Taxes by a Not-for-Profit Organization
Form ST-119.2: Application for an Exempt Organization Certificate
NYS Property tax exemption form(s)
NYC Property tax exemption, if required
Form CHAR 410: Registration Statement for Charitable Organizations
Cost
Incorporation: $75 + optional $25-150 expedite fee
501(c): $275 or $600 IRS fee
NYS charitable registration: $25 to solicit contributions ($0 if exempt)
Time
Incorporation: ~14 business days. Within 24 hours for $25 expedite fee. On the same day for $75 expedite fee. Within 2 hours of receipt for $150 expedite fee.
501(c): 2 weeks to 3 months

other service providers / facilitators - can file on our behalf for modest fee (<$500)

swyftfilings -
https://www.swyftfilings.com/nonprofit/start-a-nonprofit
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rocket lawyer -
https://www.rocketlawyer.com/article/how-to-start-a-non-profit-in-new-york.rl
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task
collate regulatory docs on nonprofits
description
log notes and any basic resources exploring regulatory requirements around formation, staffing, reporting, funding and meeting for a 501(c)(3).
@Fortuna Sung
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and
@Matt Garrison
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, if you have a pre-existing doc defining your operations, structure, reporting and meeting regimen, may be super useful to refer to them here. posting to the expanded page at
Notes on Nonprofit Formation
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