Overview

Proper legal counsel is essential during the formation of any startup, especially a nonprofit. It’s at this point when careful documentation and strategic efficiencies are crucial to support a nonprofit’s success for years to come. During this process, we use our expertise to address potential issues and craft long-term strategies.

Process

Starting a new nonprofit organization with tax-exempt status generally involves two basic legal steps:

1. Forming an entity under state law

2. Obtaining recognition of federal tax-exempt status

Capabilities

Here’s just a short list of the services we provide to facilitate the start-up process for nonprofits:

• Reserve names

• Draft and file formation documents (the Articles of Incorporation, also known as a Certificate of Incorporation in some states)

• Prepare and file registrations to do business in other jurisdictions

• Obtain Employer Identification Numbers (EINs)

• Assist with writing a statement of purpose, mission statement and description of your program activities

• Advise founders on selecting board of directors and determining structural board issues

• Draft bylaws

• Prepare and file IRS Exemption Applications (IRS Forms 1023 and 1024)

• Serve as your representative before the IRS with any inquiries related to your application

• Draft the organizational meeting minutes for the first meeting of the board of directors and/or members

• Prepare governing documents, including Document Retention Policy, Conflict of Interest Policy, Whistleblower Policy, etc.

• Assist with structuring fiscal sponsorship arrangements