Forming a Nonprofit Organization
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If you have plans to form a nonprofit organization, our legal team has
the resources and experience needed to provide effective support. All
nonprofits are governed by the Texas Business Organizations Code. Understanding
the regulations and laws involved in forming a nonprofit is crucial, especially
if you want to start on a solid foundation. When you work with
Perliski Law Group, you can rest assured that we will provide the counsel you need to make
the best choices for your nonprofit.
One of the first steps you will need to take is to determine what type
of organization you want to form.
We work with clients who wish to form the following types of nonprofits:
501(c)(3): Churches, religious organizations, scientific organizations, and charitable
501(c)(4): Social welfare organizations and location employee associations.
501(c)(5): Any type of agricultural or horticultural organization.
501(c)(6): Real estate boards, business leagues, and other business network organizations.
501(c)(7): Any type of social or recreational club.
Starting Your Own Nonprofit
To begin, you will need to file a Certificate of Formation using Form 202,
unless your nonprofit was initially incorporated in another state (you
will need to use Form 302 if that is the case). Following this, you will
need to file a Consent of Registered Agent to Appointment by using Form
401-A. To reserve your business name you will need Form 501, unless you
will use an assumed name, which will require Form 503. You may also need
to file a nonprofit periodic report if requested.
While Texas law doesn't require most charities or nonprofits to register
for soliciting funds or hiring employees to do so, there are a few exceptions.
If you will be using telephone solicitors for public safety organizations,
promoters, and publications, you will have to register with the Texas
Secretary of State – Statutory Documents Section. You will be required
to register with the Texas Attorney General if you will be soliciting
for law enforcement, public safety or veteran causes.
State & Federal Tax Exemptions
It is important to remember that no organization is automatically tax-exempt,
making it even more crucial that you follow all the regulations correctly.
tax-exemption, you must file Form 1023, which is also known as an Application for Recognition
of Exemption. You will need to meet the requirements of Texas Comptroller
of Public Accounts in order to obtain tax-exempt status at the state level.
You can use Form 202 to meet minimum state laws for exemption.
Remember that there are many filing fees included in the process, which
means it is important that you fill out all your forms correctly the first
time. If you need help setting up your nonprofit organization, our legal
team would be more than happy to help.
Contact us today to schedule a free consultation!