Non-Profit Legal Guide
This playbook outlines the procedural steps necessary to understand and meet the specific legal requirements and benefits for starting and operating a non-profit organization.
Step 1: Research
Conduct comprehensive research on the legal framework surrounding non-profits in the relevant jurisdiction. This includes tax regulations, reporting obligations, governance rules, and other statutory requirements.
Step 2: Consultation
Schedule consultations with legal experts specialized in non-profit law and, if necessary, tax advisors to acquire tailored advice on starting and maintaining compliance for a non-profit.
Step 3: Entity Selection
Determine the appropriate type of non-profit entity to establish, such as a 501(c)(3) or a 501(c)(4) in the United States, which each have different benefits and limitations.
Step 4: Incorporation
File the required documents to incorporate the non-profit with the state. This typically includes articles of incorporation, bylaws, and the appointment of a board of directors.
Step 5: Tax Exemption
Prepare and submit an application for federal tax-exempt status, such as IRS Form 1023 for 501(c)(3) organizations, and any corresponding state-level exemption applications.
Step 6: Compliance Setup
Establish internal policies and procedures to ensure ongoing compliance with federal, state, and local regulations. This includes instituting accounting systems, conflict of interest policies, and record-keeping protocols.
Step 7: Reporting
Understand and plan for regular reporting requirements, such as the annual filing of IRS Form 990 and any state-specific reports or filings.
Step 8: Continuous Education
Commit to ongoing legal education to keep abreast of changes in non-profit law and ensure continued compliance and understanding of the organization's legal landscape.
General Notes
Geographic Variation
Be aware that legal requirements may vary significantly depending on the jurisdiction; always use localized guidance and legal counsel appropriate to the specific location of the non-profit.