How to Set Up a Non Profit Organization in Oklahoma

It is advisable to seek legal counsel before submitting Form 1023.

Non profit organizations seek to meet the needs of the public by providing valuable goods and services. These goods and services can come in the form of educational assistance, food and clothing for needy people, environmental advocates, and religious groups. Starting a non profit organization is a good way to achieve your dreams and visions of helping others. Setting up a non profit in Oklahoma requires individuals to comply with state and federal laws. Familiarizing yourself with state and federal rules will help you set up an effective non profit, and give you the best chance of operating a successful organization.

Things You'll Need

• Articles of Incorporation
• Bylaws
• IRS determination letter
• IRS Form 1023

Instructions

1. Check the availability of the name of your nonprofit with the Secretary of State's office. You can do so by calling the office directly or visiting their website to perform a name search. You are required by the state of Oklahoma to use a name that does not belong to another business entity.

2. Select at least one individual to serve as a director in your non profit organization. The director is responsible for providing the internal management of the non profit organization. This is accomplished by drafting bylaws, appointing officers, and creating fundraising programs.

3. Choose a least three individuals to serve as incorporators of your non profit organization. Incorporators are individuals, partnerships, associations, or corporations that have come together to form the non profit. The incorporators must sign the Certificate of Incorporation, and do not necessarily have to serve as directors, members, or officers.

4. Choose an individual to serve as the registered agent of your non profit. The registered agent is responsible for corresponding with the Secretary of State on all legal matters. The corporation itself may also serve as the registered agent.

5. Draft the Certificate of Corporation which is used to apply for non profit status in Oklahoma. You must include the name and address of the non profit, the name and address of the registered agent, the name and addresses of the directors, the names, addresses, and signatures of the incorporators, and the purpose for forming. Specific language is required by the state of Oklahoma when stating the purpose.

6. Mail the Certificate of Incorporation to the Secretary of State (2300 N. Lincoln Blvd. PO Box 778, Room 101 State Capitol Building, Oklahoma City, OK 73105-4897) office along with the current filing fee. The Secretary of State will send you back correspondence stating whether or not your non profit was successfully formed.

7. Submit a free application with the Internal Revenue Service to apply for an Employer Identification Number (EIN). You should apply for this number whether or not your non profit has any employees. The EIN is used by the IRS as an identification number for businesses.

8. Submit a copy of Form 1023 and the current required filing fee to the IRS to apply for tax-exemption from federal income taxes on corporate profits. You can download and print the form from the IRS website. You must also submit a copy of your Certificate of Incorporation and bylaws.

9. Register your non profit by submitting the Registration Application with the Oklahoma Tax Commission (Oklahoma Tax Commission, Taxpayer Assistance Division, P.O. Box 26920, Oklahoma City, OK 73126-0920) to receive exemption from state income taxes. Nonprofits with 501(c)(3) status are automatically exempt from state income taxes.

10. Submit Form 13-16-A to the Oklahoma Tax Commission (2501 Lincoln Blvd.

    Oklahoma City, OK 73194) to obtain exemption form sales tax. You must also submit your Certificate of Incorporation, IRS determination letter, and bylaws with the form. Only items used by the non profit are exempt from sales tax.

11. Submit the Initial Registration Statement to the Secretary of State to obtain permission to solicit contributions. You must also provide additional information along with the form.

Tips & Warnings

• Check with the Oklahoma Secretary of State's office and the IRS for the amounts of the current filing fees to submit the Certification of Incorporation and Form 1023.

• Neglecting to include required information on your submitted forms can delay your 501(c)(3) tax-exemption status.

References

• Oklahoma Secretary of State; Oklahoma Not For Profit Corporation
• Internal Revenue Service; Tax Information for Charitable Organizations

Resources

• State of Oklahoma; Return of Organization Exemption From Income Taxes
• Oklahoma Tax Division; Application for Sales Tax Exemption
• Charitable Organization Registration In Oklahoma; Information and Instructions