How Do I Set Up an Outreach Ministry in Texas?
Outreach ministries exist to take the love of God outside the traditional setting of the "four walls of the church." The Bible writer James notes, "Pure and undefiled religion in the sight of our God" includes "to visit orphans and widows in their distress." Christian virtue finds its highest fulfillment in the context of outreach. Many practical and legal concerns must be addressed as well. These include decisions concerning incorporation, governance and tax status.
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Evaluate the benefits of incorporating the ministry. Incorporation will enable the ministry to file for non-profit status and thereby to enjoy tax-exempt status. It will also enable the ownership of property and disbursement of funds under the name of the corporation. Non-profits in Texas must file a Form 202 "Certificate of Formation for a Non-Profit Corporation" with the Texas Secretary of State's office. This form is available under "Business and Non-Profit Forms" page at "sos.state.tx.us."
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Select a name for the ministry, and then contact the Texas Secretary of State to ensure that the name you have chosen is not already taken. Contact the "Document Examiners" division at 512-463-5583.
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Recruit directors for your ministry. The Citizen Media Law Project states that at least three directors are required. The directors do not have to reside in Texas.
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File articles of incorporation with the Texas Secretary of State. Documents and instructions necessary to make this filing are available from the Secretary of State's Document Examiners division at 512-463-5583. According to the Texas Bar Association, articles of incorporation "define the structure of the corporation, what the corporation will do, who will be the registered agent, and who will be the original directors. One or more "incorporators must sign the articles."
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Draft a constitution and bylaws. Non-profit corporations in Texas are required to have a set of constitution and bylaws on hand to provide for the election and duties of officers, conduct of meetings, qualifications for membership, dispute resolution and corporate dissolution. A sample set of constitution and bylaws are available at the Texas C-BAR website.
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Create a record book. Citizen Media Law Project reports the need and suggests consulting Texas business code § 3.151 and § 22.352 for specific information about record-keeping requirements under Texas law. These records include books and records of accounts, meeting minutes and a record of name and address of each member.
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Apply for federal tax exemption under section 501(c)(3) of the tax code. Organizations can get information about filing for tax exempt status via the IRS website. An application is available under the "Charities and Non-Profits" tab.
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Apply for an Employer Identification Number (EIN) with the IRS. This will be necessary so the ministry can hire staff and properly file tax returns and employee tax deposits.
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References
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