The Process of a Nonprofit Incorporation in Pennsylvania
Nonprofit corporations are independent organizations that raise funds to fund specific activities and do not seek to make profit. They are required to spend money only for the purpose for which they were registered. Registration and running of nonprofit organizations in Pennsylvania is governed by chapter 41 of Pennsylvania statutes. There are some requirements an organization must meet before an organization is incorporated.
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Eligibility
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The application must be made by one or more incorporators who must be age 18 or older. A business entity can also act as an incorporator. There must be a minimum of one director. The nonprofit organization is also required to have a valid street address of Pennsylvania, which is regarded as the registered office address. The main operational base can be different from the registered office.
Articles of Incorporation
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The organization should have articles of incorporation that conforms to Pennsylvania’s statutory requirements. It should contain the organization’s name and address and an outline of the purposes for which it was established. The articles must expressly state that the corporation is not intended to make profits for private members’ gain, and that it is being organized on a non-stock basis. Form DSCB: 15-5306 is used to prepare the Articles of Incorporation for a Domestic Nonprofit Corporation.
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Filing the Articles
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The articles of incorporation should include clauses that make the organization meet tax exempt requirements by the Internal Revenue Service (IRS) under Section 501(c) (3). The filing fee is $125 payable through a check addressed to the Department of State. The duly filled articles and all other supporting documents can be mailed to the Department of State, Corporation Bureau in Harrisburg, Pennsylvania. The process takes about 3 to 10 days. The organization comes into legal existence on the date the article of incorporation is filed.
After Incorporation
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After the articles are filed, the organization must publish them in two newspapers of general circulation. Making one publication in a legal journal is recommended, but it is not mandatory. The organization must register with the Bureau of Charitable Organizations of the Department of State before soliciting for money from the public.
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References
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