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What is a non-profit corporation?

A non-profit corporation is a unique type of corporation that must be organized in a particular way to receive specific benefits. Qualifications for non-profit status include formation to benefit the public, a specific group of individuals or the membership of a non-profit. Benefits of forming a non-profit corporation include, but are not limited to, the same limited liability protection as standard corporations and limited liability companies, certain federal and state tax benefits and the privilege of receiving grants from the federal government and private foundations.

Please be advised that there are various types of non-profit corporations; forming a non-profit corporation does not automatically qualify your corporation for federal and state tax exemption. Only a non-profit corporation that is organized in a particular way may apply for federal and state tax exemption. This application is typically the 501(c)(3).

How do I form a non-profit corporation?

A non-profit corporation may be formed for the following purposes, including but not limited to: charitable, religious, scientific, literary and educational. You may incorporate your entity and then choose to file for tax-exempt status. Non-profit corporations must uphold the requirements of a standard corporation or limited liability company, including the creation and maintenance of a board of directors, officers and meetings, the adoption of bylaws, and the obtainment of a federal tax identification number, also known as an employer identification number or EIN.

Since a non-profit corporation does not issue stock, it does not have stockholders. Rather, a non-profit can elect to have members. Electing to have members does involve additional paperwork and formalities.

What is a 501 (c)(3) non-profit corporation?

A 501(c)(3) is a non-profit corporation or a public charity that must meet the following qualifications:
  • It must be organized correctly, following all state laws and regulations.
  • It must be formed for the following purposes, including but not limited to: charitable, religious, scientific, literary and educational.
  • It must serve public purposes.
  • It must not engage in political activities.
  • It must generate enough public support (at least 30%) so as not to be classified as a private foundation.

What are the requirements for installing directors and officers for a non-profit corporation?

Many states require at least three directors for a non-profit corporation. Non-profit directors assume the same duties and responsibilities as those of a for-profit corporation, but they can serve with or without compensation. Compensation must be determined to be reasonable by appropriate federal and state agencies (usually the IRS). A non-profit corporation may not distribute its profits for the benefit of its directors, officers or members.

Every non-profit corporation must have officers, usually a President, Treasurer and Secretary. Some states allow one person to hold every office, while others place restrictions on who may hold certain offices.

Why choose IncFilings.com?

The benefit of choosing IncFilings.com for your business incorporation needs is simple: we want you and your business to succeed. To emphasize your business success as our top priority, we offer 24-hour online access to your account and order status, a trained and knowledgeable designated customer service staff and a time-tested company reliability and commitment to providing quality products and services in a timely manner.

To find out more about this service or to place an order

Please contact our customer support team from 9:30 AM - 6:00 PM Eastern Standard Time at 877-345-3267 or 718-359-4019. You may also email your inquiry or order request to service@incfilings.com.