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Contact:
Amy Hereford, CSJ
Attorney Canonist
CSJ Ministries
6400 Minnesota Ave.
St. Louis, MO 63111-2807
Phone: 314-266-1814
Phone: 314-467-8038
Fax: 815-550-1329
Contact on
Skype
amyhereford <at> gmail.com
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Ethics CLE
Copyright 2011
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Nonprofit Corporation Compliance Issues:
- Nonprofit Corporations generally file for Tax Exemption
from the IRS. This exemption carries some requirements, namely:
- Annual filing of Form 990
- Abstaining for all political campaigning
- Enganing in only limited lobbying
- No private benefit, particularly to members and
officers of the corporation
- Transfer of the assets to a charitable purpose when
the corporation dissolves
- Activities unrelated to the organization's purpose are
taxable (UBIT)
- Many states have requirements for nonprofit organizations,
including:
- Registering with the Attorney General
- Registering and reporting on fundraising activities
- Filing an annual report
- Reporting any significant transfer of assets out of
the state of incorporation
Establishing and Running a Nonprofit - This one hour
webcast provides an overview of the legal basics for establishing and
running a nonprofit organization.
Nonprofit Workbook: This downloadable publication
gives all
the points on the following checklist in the form of a workbook. The
requirements are presented in a step-by-step format with ample space
for notes, charts for gathering necessary information and tables to
develop timelines. An excellent tool for assisting in non-profit
formation.
Nonprofit
Corporation Checklist:
- Research
goals and mission
- Develop a plan and recruit board members
- Establish Corporation
- Adopt Articles of Incorporation and File with the State
- Name the Board of Directors and adopt Bylaws
- Obtain an EIN - Tax ID number by filing form SS-4 with
the IRS
- Obtain Tax Exempt status by filing Form
1023with the IRS
- Establish a Conflict of Interest Policy
- Establish financial management
- A corporate banking account,
- An accounting system adequate for
- organizational management
- tax reporting
- grant tracking
- proving substantiation letters to contributors
- Meaningful financial oversight
- Internal controls
- Contact the state
tax board for
information about obtaining a state tax number and see if additional
information must be submitted for state tax exemption from income tax
and sales tax, etc.
- Check with the state
department of consumer affairsor business licensing to obtain any
required business licenses or permits.
- Contact the state Attorney General's Office to see if registration or
reporting is required.
- Find out about workers' compensation if you will have
employees.
- Protect your trade name
- Order any required notices (advertisements you have to
place) of your intent to begin operating in the community.
- Check zoning laws.
- Obtain city and/or county business licenses or permits.
Get adequate insurance or a rider to a homeowner's policy.
- Get tax information for employees, including guidelines for
withholding
taxes, information on hiring independent contractors, etc.
- Apply for a federal non-profit mailing permit.
- Order business cards and stationery.
- Get an email address.
- Set up your website.
- Develop a Corporation Checklist of legal requirements for
operation including:
- Board Meetings
- Annual Meeting:
- Program Review,
- Budget Approval,
- Appoint Board Members,
- Elect Officers
- Federal Tax Filings:
- Form 990
- Employment Tax
- State Filings
- Corporation
- Tax
- Charitable Solicitation
- Ongoing steps to develop the organization
- Educate and Assess the Board
- Select, educate and evaluate the Director and key staff
- Develop a strategic plan
- Review vision and mission
- Review programs and activities
- Review financials, fundraising and legal compliance
- Identify areas of growth and stagnation in the
organization
- Examine areas of possiblities for growth and
needed services
Some links to other Nonprofit Sites.
- http://www.hurwitassociates.com/
- http://www.attorneyfornonprofits.com/wst_page7.html
- http://www.boardsource.org/
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