How to Write Articles of Incorporation for a Charity
In order to start a charity that can raise funds, apply for grants and operate as a business with a bank account, the organization must submit Articles of Incorporation to its state's secretary of state office. Each state sets its own requirements for what information must be included in the Articles of Incorporation and makes forms available online at the state secretary of state website.
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Things You'll Need
- Your state's Articles of Incorporation for a Nonprofit Corporation form
- Charity's name, address, and contact information
- 3 Incorporating board members
- Mission statement
- Nonprofit purpose
Instructions
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Download the form required by your state when a nonprofit corporation incorporates. Again, you can find this at your state's secretary of state website. The form will be arranged in sections, called articles, with space for you to fill in your information. Once you complete the form and submit it with a fee, state officials will review the form and determine if you meet the requirements. If you do, you will receive your Articles of Incorporation. This is like the birth certificate for your charity.
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The first Article on the form asks for the name of your charity. You must choose a name that no other organization in your state has. It is your unique identity. Most states have a wizard online at the secretary of state website where you can search to see if the name you want is available. If you submit an incorporation request to form a charity under a name that has already been taken, your acceptance will be delayed until you find a unique name.
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Describe the purposes of your charity in terms of the approved nonprofit purposes: charitable, educational, religious, literary and scientific. There is space on the form for this description. Make sure to cover all the purpose areas that you can imagine your charity working on as it grows over time. Your approved Articles of Incorporation limit the scope of your operations to these. If you change your purposes later, you must amend your articles.
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Finish filling out the form. You will be asked for the names and addresses of the initial directors of which there is usually a minimum of three. Set the period of the duration of the charity. Unless it is being organized for a very narrow cause that will expire at a set date, you can state that your duration is "perpetual." You must also decide if your organization will have members and, if so, what their rights and privileges will be.
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Sign and date the form. Each of the original incorporators will also sign and date it. Include a check for the fee that your state charges. Send or fax the form to the address specified. Soon your Certificate of Incorporation will be returned along with a file-stamped copy of the articles. Then your charity can begin operating as a nonprofit organization.
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Tips & Warnings
If you plan to apply to the Internal Revenue Service for tax exempt 501(c)(3) status you will be required to send a copy of your Articles of Incorporation and the Certificate of Incorporation from your state along with the application.
