What are the steps involved in starting a nonprofit organization in California and what legal obligations and considerations should be taken into account?
Starting a nonprofit organization in California involves several steps and legal obligations that need to be taken into account. The following are the steps involved in creating a nonprofit organization in California:
- Choose a name for your organization that complies with California law, is not already in use, and is distinguishable from other business entities. To ensure that your chosen name is available, you can search the California Secretary of State’s Business Search database.
- Draft and file your organization's Articles of Incorporation with the California Secretary of State. The Articles of Incorporation should contain the name of your organization, the purpose of your organization, the address of your organization, the name and address of your organization's registered agent, and the name and address of your organization's initial board of directors.
- Obtain a Federal Tax ID number from the IRS for your organization. This will allow your organization to be identified for tax purposes. You can apply for this number online or by submitting Form SS-4 to the IRS.
- Apply for tax-exempt status with the IRS by submitting Form 1023 (if your organization expects to have annual gross receipts in excess of $50,000) or Form 1023-EZ (if your organization expects to have annual gross receipts of $50,000 or less). Obtaining tax-exempt status requires compliance with federal regulations, rules and standards; organizational-specific requirements; and supporting documentation.
- Filed and obtain all necessary licenses and permits from the state and local authorities if they are required to operate your organization.
- Establish bylaws for your organization that outline the rules and regulations governing the internal affairs of the organization. The bylaws should be consistent with the California Nonprofit Public Benefit Corporation Law.
- Hold an initial meeting with the board of directors and adopt the bylaws, appoint officers, and transact any other necessary business.
There are several legal obligations and considerations that a nonprofit organization must take into account in California. Some of these include:
- California law requires that nonprofits meet annual reporting requirements, including filing a Statement of Information with the California Secretary of State and filing an annual return or Form 990-N with the IRS, even if the organization does not owe taxes.
- Nonprofit organizations must comply with California's corporate, tax, and other laws and regulations, as well as with all applicable federal laws and regulations.
- The board of directors has a fiduciary duty to act in the best interest of the nonprofit organization and to ensure that the organization complies with all legal requirements, including those related to governance, financial and tax matters, and public disclosure policies.
- Nonprofit organizations must also comply with federal laws and regulations, including those related to the protection of personal information, non-discrimination laws, charitable fundraising laws, and other areas.
In summary, starting a nonprofit organization in California requires multiple steps and legal obligations that should be carefully considered. It is advisable to seek legal and financial advice when establishing a nonprofit organization to ensure compliance with all laws and regulations. The above information should be used only as a general guide, and specific legal advice should always be obtained before taking any action.