Nonprofits: Legal Steps to Establish and Maintain a Nonprofit Organization

Tablet, food donation and woman volunteering for non profit, charity and poverty support with check

Starting a nonprofit is a great way to make an impact, but it involves important legal and regulatory steps. Here’s a step-by-step guide:

Step 1: Choose a Nonprofit Structure

The most common legal structure is a 501(c)(3) organization, which qualifies for tax-exempt status.

Step 2: File Articles of Incorporation

Register your nonprofit with your state by filing Articles of Incorporation, which include:
-Organization’s name
-Mission statement
-Registered agent details

Step 3: Draft Bylaws

Bylaws outline the governance structure, including:
-Board responsibilities
-Membership rules
-Decision-making processes

Step 4: Apply for an EIN (Employer Identification Number)

An EIN from the IRS is required for tax filings, opening bank accounts, and hiring employees.

Step 5: Apply for 501(c)(3) Tax-Exempt Status

File Form 1023 or Form 1023-EZ with the IRS to obtain federal tax exemption.

Step 6: Comply with State & Local Requirements

Many states require nonprofits to register for charitable solicitation licenses before fundraising.

Step 7: Maintain Compliance

To keep your nonprofit in good standing:
-File annual reports with the IRS and state agencies
-Maintain accurate financial records
-Follow corporate governance best practices

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Crystal Ikanih-Musa

Crystal Ikanih-Musa, Esq. is an international law attorney and International Development professional. She has immense experience working with the Federal Governments in the US and Nigeria.

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