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how to form a 501c3 nonprofit corporation a nonprofit corporation is purpose driven a company whose goal is not to make profit for themselves typically they are an organization that wants to make money in order to help further a social cause or provide a public benefit let's get you started on the right path to forming a non-profit corporation in north dakota across north dakota non-profit organizations support needed social services such as food banks and public health communications like many states north dakota's non-profit sector makes a significant financial impact employing more than 15 percent of the state's workforce and paying almost 15 billion dollars in annual wages 501 c 3 nonprofit corporations are tax-exempt allowing them to maximize the amount of funds being put towards a social benefit or cause but do you need to form a non-profit corporation just because you want to raise money for a person or organization doesn't mean you need to form a non-profit corporation you can run one-time charity events to raise money without needing to be a non-profit corporation running something like a charity auction or raising money to donate to an organization are informal examples if you have long-term goals for your non-profit then forming a non-profit corporation may be more suitable as it will provide certain benefits such as limited liability protection an enhanced ability to raise funds and apply for grants and discounted rates on stamps as well as certain marketing and advertising costs you will also receive tax exemptions once you obtain 501c3 status how do you form a non-profit corporation there are two ways you can do it yourself or you can hire a service to do it for you let's take a look at both options and help you decide how to go about forming your own non-profit corporation option one do it yourself if you want to save money you can form a non-profit corporation on your own let's take a look at the six steps to forming a non-profit corporation on your own 1. choose and secure your non-profit's name the name you select for your non-profit will establish its brand it's the first thing most people will learn about your organization it's important to pick a name that both aligns with your mission and follows the rules of naming guidelines in north dakota you'll need to check north dakota's specific naming requirements but in general follow these rules when choosing a name the name you pick for your organization should not include any words or terms that could be considered grossly offensive or misleading the name must be distinct from that of any other corporation in north dakota for more information on what makes a name distinct check out our other video how to name your business in north dakota linked below once you have a name selected do a name search to make sure it's available in north dakota after doing a north dakota name search you'll want to do a domain search to see if your name is available as a url even if you don't plan on making a website today you may want to secure the url so someone else doesn't take it 2. appoint a registered agent the registered agent can be an individual in the company including yourself or you can hire a professional service authorized to do business in north dakota they will send and receive legal papers on your behalf these documents include official correspondence like legal summons and document filings which your registered agent will receive and forward to you your registered agent will also help remind you to file the necessary reports failure to properly maintain your nonprofit can result in fines and dissolution so this assistance is valuable three select directors and officers your non-profit corporation will be made up of some number of directors and officers the directors of a non-profit are responsible for overseeing the operations of the organization together they form the board of directors the power and influence of the directors over the organization comes from them as a board the directors themselves do not have any authority as individuals the board typically creates the policies that govern the nonprofit they also oversee management level hiring such as the company officers the officers of a nonprofit such as the president or secretary are individuals with responsibilities and the authority to execute based on their job description together the officers on the board will come together to make up the organizational structure of your non-profit an officer may also be on the board of directors and serve both roles if allowed to do so by the organizational bylaws which we will discuss later if your organization plans to apply for 501c3 status for federal tax exemptions it must elect three directors not related to each other a president and a secretary four file the articles of incorporation to form a non-profit corporation you will need to file official papers with north dakota in north dakota this is called the articles of incorporation some possible information in the articles of incorporation you may have to include is your organization's purpose and additional provisions for more information on the sections of north dakota's articles of incorporation check out our page linked below five operating procedures in housekeeping once your non-profit corporation has been formed you'll want to start getting the structure of it together and determine how your nonprofit will be run starting with the bylaws and conflict of interest policy your bylaws are the rules that determine how your organization will be governed and run you can think about it as a constitution for your non-profit it makes the rules and priorities clear for everyone involved in your bylaws be sure to include how the nonprofit will be governed the roles of directors and officers how meetings are held voting procedures electing officers or directors how records will be kept and managed how disputes will be handled and how bylaws will be added and amended in the future when you're ready to get started check out some bylaws templates linked in the description below the conflict of interest policy are the rules set to ensure that decisions being made for the nonprofit are based on what is best for the organization and not being motivated by what is best for individuals you'll want to make sure you have a draft of both the bylaws and conflict of interest policy before your organizational meeting we have templates of both bylaws and conflict of interest policy linked in the description below an organizational meeting is the first official meeting of your nonprofit some of the things that are discussed in a typical organizational meeting are taking attendance to show you have a quorum appointing temporary officers and chairmen adoption of bylaws and adoption of conflict of interest policy it's important to record minutes of the meeting and have it signed by all attending directors we have some corporate minutes templates linked below to help you get the ball rolling after your non-profit has been formed you'll need to apply for an ein or employment identification number an ein is like a social security number for your nonprofit and is used for things like filing for 501c3 status opening a bank account applying for tax exempt status and submitting tax returns for more information on eins check out our other video linked below 6. apply for 501c3 status federal tax exemption what is federal tax exempt status and why do you want it when a corporation generates income that corporation has to pay a federal income tax as a nonprofit your goal is to generate income that is used to help further a cause rather than fill the pockets of the company employees because of this the federal government allows that nonprofit's income not be taxed so that more of the money can go towards the cause that the nonprofit is supporting before your non-profit can apply for 501c3 status it must file the articles of formation with the required provisions adopt the bylaws and conflict of interest policy and have an ein number in order to file for tax exempt status most organizations will need to file form 1023 online or by mail and pay a fee of 600 if your organization's annual gross receipts are below 50 000 then you may be able to file form 1023ez with a fee of 275 you can check your eligibility with the link in the description below once you have received your 501c3 determination letter from the irs your nonprofit will automatically be exempt from north dakota corporate income taxes option two the second way to form a nonprofit is to hire a professional service to create your non-profit for you hiring a professional service to file your forms and act as your registered agent for the non-profit will cost you an additional 50 to 150 this fee only covers formation of a non-profit corporation if you wish for the professional service to file for 501c3 status the cost may go up to as much as 1700 plus filing fees however there are several benefits to working with a pro a hired registered agent helps with getting your reports filed on time helps you stay organized by keeping your business mail separate and is available at all regular business hours to accept official mail and legal papers on your nonprofit's behalf if you want to form an organization or company in north dakota with the purpose being to help a cause rather than make a personal profit a non-profit corporation is the best way to do that now you know all the steps to form a non-profit in north dakota for a more detailed guide visit our site at startupsavant.com give the video a like if you found it useful and subscribe if you'd like to see more if you have questions or encounter any roadblocks leave a comment below good luck in starting your non-profit