How to Prepare & File Articles of Incorporation for a Non Profit
Different states have different names for the "articles of incorporation" they require before you can request nonprofit status for your organization. Other common names include "charter document," "certificate of incorporation" and "articles of organization." This document functions like a constitution for the nonprofit corporation. Your state usually provides a form you can complete easily.
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Instructions
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File your state's appropriate incorporation documentation. Contact your Secretary of State's office to find out what forms and paperwork you will need. If you want your nonprofit to have tax-exempt status, your statement of purpose should indicate that all your assets will go toward your organization's charitable activities. To ensure you meet the federal guidelines for tax-exemption, read the IRS' article entitled "Charity -- Required Provisions for Organizing Documents" at http://www.irs.gov/charities/charitable/article/0,,id=123368,00.html and one of its sample articles of incorporation at http://www.irs.gov/charities/charitable/article/0,,id=123028,00.html/.
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Pay your state's filing fee. The amount can be anywhere from $25 to $125. Check with your Secretary of State's office to see how much it will cost and what forms of payment they will accept.
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Choose a name for your nonprofit organization. Usually your state will not allow you to have the same name as another company or even a name that is too similar to another business or organization. Your nonprofit's name should include either the words "incorporated" or "corporation" in the title. Alternatively, you can use the abbreviations "Inc." or "Corp."
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Be prepared with the information you will need to complete the paperwork. Have handy the name and address of the person acting as the registering agent for the nonprofit. You will need to include the legal address for the organization. Some states will want to know how long the nonprofit will be in existence. If you don't know, write "perpetual." You may also need to supply the name and address of the organization's director(s).
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Determine your nonprofit's statement of purpose. According to the IRS, the purpose should be "exclusively for charitable, religious, educational and scientific purposes." The organization is not allowed to engage in "prohibited political and legislative activity under 501(c)(3)." You should also be able to specify what will happen to the nonprofit's assets and liabilities should it become defunct.
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Tips & Warnings
If you have difficulty with wording any given part of your articles of incorporation documentation, consider hiring an experienced attorney to help you.
Your article of incorporation should meet both your state's requirements and federal government guidelines. Check carefully to make sure the document you submit does both.
