Legal Question in Business Law in California

Start a new nonprofit organization

what step should i start first? how do i establish my bylaw?


Asked on 8/21/07, 12:16 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Start a new nonprofit organization

You'll need to file articles of corporation with the secretary of state and draft or adopt by-laws. Contact me directly.

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Answered on 8/21/07, 12:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Start a new nonprofit organization

Starting and running a nonprofit corporation is more complex than starting and running a for-profit corporation of similar size, and I think the starting point is to find a lawyer with specific experience in non-profit organizations. There are some books on starting and running non-profit corporations, and while I do recommend one as a help to getting the most effective services from your lawyer, it is not a substitute.

There are two important steps in setting up most non-profits that need to be distinguished. The first is formation of the entity itself, usually a corporation. That is moderately difficult, as you have to decide what kind of non-profit you're going to be, and there are certain provisions that must be included in the Articles of Incorporation. The next and more difficult step, if you want to accept tax-exempt donations, is to get Internal Revenue Service section 501(c) approval, usually but not always under Internal Revenue Code subsection 501(c)(3). This is very tricky and takes time.

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Answered on 8/21/07, 12:29 pm
Cathy Cowin Law Offices of Cathy Cowin

Re: Start a new nonprofit organization

I'm in Fresno and can help you sort through the process. There is more to do than just setting up Bylaws because you should have a business plan. In order to qualify for tax-exempt non-profit status, you need to be able to express your organizational goals and how you anticipate funding them. Before you spend the money setting up a corporation, you need to have a plan in place. I've seen several people spend money on this concept and then they are unable to see their vision through because they didn't think things through up front. You're invited to visit my website at cowinlaw.com to learn more about me and/or to give me a call. My office is located in downtown Fresno across from the courthouse.

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Answered on 8/21/07, 12:43 pm
Terry A. Nelson Nelson & Lawless

Re: Start a new nonprofit organization

Since you do not know even the basic process, you need legal counsel to assist you in complying with all the federal, state and local regulations, and filing and document requirements involved in starting, running and avoiding serious legal and tax problems with the entity. Feel free to contact me if serious about doing this right and staying out of trouble.

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Answered on 8/21/07, 1:24 pm


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