Overview
When launching a new nonprofit, various factors such as legal, financial, and governance considerations must be carefully addressed. It is imperative to dedicate sufficient time to each step and seek guidance from experienced advisors to establish a strong foundation for the organization.
Leader’s Wisdom
Starting a Nonprofit: Key Considerations
1. Utilizing a Fiscal Agent:
- Efficient Start: Consider partnering with an existing nonprofit as a fiscal agent to streamline initial setup tasks.
- Benefit: Allows immediate fundraising and avoids the burden of handling incorporation, bookkeeping, payroll, taxes, and annual filings.
- Clear Agreements: Document the fiscal agent relationship to prevent misunderstandings.
2. Incorporation or Not:
- Legal Entity: A nonprofit can operate without incorporation, but incorporation offers personal liability protection for leadership.
- Grantor Requirements: Some grantors may mandate nonprofit incorporation.
3. Incorporation Process:
- State Filing: If incorporating, visit the state's Secretary of State website and file Articles of Incorporation.
- Choosing a Name: Conduct thorough name searches to ensure uniqueness, avoiding trademark issues.
- Web Presence: Consider domain availability when selecting a name.
- Articles of Incorporation: Typically provided as state forms; samples can be found by searching your state’s Secretary of State.
4. Bylaws:
- Operational Guidelines: Bylaws outline board size, meeting rules, officer positions, and election procedures.
- Robert’s Rules of Order Bylaws Template: Download the free guide. https://www.boardeffect.com/roberts-rules-of-order-bylaws-template/
5. Federal Tax Exemption:
- 501c3 Status: The most common and beneficial tax-exemption status for charitable, religious, scientific, educational, or public service missions.
- Tax Benefits: Nonprofits with 501c3 status are tax-exempt and can offer donors federal tax deductions.
- Nonexempt Work: Limited non-mission-related activities are allowed.
- Unrelated Business Income Tax (UBIT): Owed on non-mission income if gross receipts exceed $1,000.
6. Applying for Tax-Exempt Status:
- IRS Form 1023: Required for 501c3 status application.
- Required Documents: Include the application, Articles of Incorporation, bylaws, and meeting minutes.
- State Tax Exemption: Federal exemption often covers state taxes.
- Form 1023-EZ: Suitable for nonprofits with annual gross income of $50,000 or less and assets under $250,000.
7. Recordkeeping:
- Documentation: Maintain detailed records of each step in the application process, including printed and electronic copies.
- Backup Copies: Protect against data loss with backup copies of essential documents.
8. Annual Filings:
- IRS Form 990 or 990-EZ: Annual requirement for nonprofits.
- State Sales Tax Exemption: Apply to save on taxable items purchased for the nonprofit.
- DUNS Number (Optional): Used for business credit reporting, often needed for federal grant applications.
9. Ongoing Compliance:
- Regular Board Meetings: Maintain a record of meetings with minutes.
- Annual Filings: Stay compliant with state and federal requirements.
10. Workforce:
- Consider Your Needs: Assess whether to hire in-house staff or outsource specific tasks.
- Self-Funded: Initially an organization may not be able to hire staff. Individuals may need to volunteer their time or self-fund the program. New nonprofits that succeed are often self-funded, led by volunteers, or have wealthy supporter(s).
11. Research and Planning:
- Learn from Others: Study existing nonprofits and their websites for inspiration and best practices.
- Long-Term Vision: Consider your nonprofit's future and where you want it to be in five or more years.
Resources
Websites
- Fresh Expressions is a church planting that helps congregations reach people outside the church. Jesus made the mission really simple: go make disciples. Their goal is to inspire churches to take hold of that mission right where they are. https://freshexpressions.com/
- How to Start a New Kind of Church by Luke Edwards is a totally free e-book. Luke Edwards introduces you to Fresh Expressions: a method for starting, growing and multiplying new forms of Church. https://freshexpressions.com/howtostart
- Fiscal Sponsors is a website that has guidelines and wise practices. www.fiscalsponsors.org
- Name Cheap is a helpful place to search for a name available for a website. www.namecheap.com
- National Association of Secretaries has sample articles of incorporation for your state. www.nass.org.
- Minnesota Council of Nonprofits has sample bylaws but make sure they reflect your state’s requirements. https://www.minnesotanonprofits.org/resources-tools/starting-a-nonprofit/incorporation-and-bylaws
- For detailed tax-exempt status, reference IRS Publication 557 at www.irs.gov.
- Federal EIN – Incorporation https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online
- Steps for applying for tax exempt status https://www.irs.gov/charities-non-profits/applying-for-tax-exempt-status
- Minnesota Council of Nonprofits has a guided process for starting a nonprofit. https://www.minnesotanonprofits.org/resources-tools/starting-a-nonprofit.
- Prosper Strategies has articles on branding.
- How to build a strong nonprofit brand.
- How to choose a nonprofit name.
- How to decide whether a rebrand is worth the risk.
- How to make the branding process more effective.
- How to develop key messages to support your nonprofit’s brand.
- IRS Publication 598 has more information on Unrelated Business Income Tax (UBIT). www.irs.gov
- Minnesota Council of Nonprofits has a list of the many steps with an outline of the process. https://www.minnesotanonprofits.org/resources-tools/starting-a-nonprofit/planning-stage
Books
- Book:50-State Step by Step Guide to Forming a Nonprofit Charitable Organization: What forms to fill out, how and where to file, the exact cost for filing, what licenses and permits you need for each state. By Aaron Sanders
Download Samples
BoardSource has information on FAQs for Starting a Nonprofit.
BoardSource has information on Forming the Nonprofits’ First Board
James C. Galvin – Seven people you need to start a new business or nonprofit organization.
Minnesota Council of Nonprofits has downloadable website links to all the forms for starting a nonprofit. https://www.minnesotanonprofits.org/resources-tools/starting-a-nonprofit/forms-fees-publications
Board Effect has Robert’s Rules of Order Bylaws Template: Download the free guide. https://www.boardeffect.com/roberts-rules-of-order-bylaws-template/
How to Start a New Kind of Church by Luke Edwards pdf book.
Hiring Staff – Step-by-Step Process
Handbook for Starting a Successful Nonprofit has a sample Articles of Incorporation
Handbook for Starting a Successful Nonprofit has a sample for Bylaws With Members
Handbook for Starting a Successful Nonprofit has a sample for Bylaws Without Members
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