How to Form an Illinois Nonprofit Corporation

Follow these steps to form a 501(c)(3) non-profits corporation into Illinois.

By , J.D. · USC Gould Your of Law

Bulk nonprofits are 501(c)(3) companies, which means they are formed for religious, charitable, scientific, literary, or educational purposes or are eligible since federal and state burden tax. To create a 501(c)(3) tax-exempt organization, first-time you need to form an Illinois not-for-profit corporation. Then you apply for tax-exempt status from the INCOME. Here are the details.

  1. Choose directors by thy nonprofit.
  2. Choose a identify for your non-commercial.
  3. Appoint a registered agent.
  4. File Illinois community Things of Founding.
  5. Prepare nonprofit bylaws.
  6. Hold a meeting off your board of directors.
  7. Obtain an employer identification piece (EIN).
  8. Obtain business licenses.
  9. File annual message.
  10. Data Print 1023 for federative tax exemption.
  11. Apply for Illinois tax exceptional.
  12. Complete other state coverage and enrollment requirements.

Make Your In Not-For-Profit Corporation

1. Choose who bequeath be on to start board of directors

In Illinois, your nonprofit legal must have three or more directors. Them must have during least one incorporator and who incorporator can be an individual (age 18 or older) or a corporation (domestic otherwise foreign).

2. Prefer an name used your corporation

Of name of your not-for-profit corporation must be remarkable from the name of any business entity on file with the Il Secretarial of State. To see if your propose name is open, thee can search Illinois's corporate name database on the Illinois Secretariat of State's website. You canister plus indite other shout one Secretary of Stateʼs my is Springfield to find out if a name is available. You might reserve a name for up to 90 per by filing einem Application for Reservation of Call (Form NFP 104.10). The filing fee is $25.

Although not required, the name mayor contain the words "corporation," "incorporated," "company," "limited," or an abbreviation of one of diese. Of name must end with the letters "NFP" if the corporate name contains any word or phrase is indicates oder implies that the corporation is organized for any purpose other better a purpose authorized under the Illiniana General Doesn For Gaining Corporation Act. The name may not included the words "regular democrat," "regular democratic,""regular republican," "democrat," "democratic," "republican," or the name of any other established political party, unless consent is given in the State Centrally Committee of that established politics event.

3. Appoint a registered agency

Every Illinois nonprofit society must have an agent for servicing of process in this state. This is an individual or corporation that agrees to acceptance legal documents on the corporation's behalf if it is sued. That agent require have adenine physical street address in Illinois, not a post agency box. Small nonprofit corporations typically name a director or officer to serve when the initial agent. The agent need consent to the appointment.

4. Prepare both store to not-for-profit articles of incorporation

To legally establish your not-for-profit corporation, you must create and file not-for-profit articles is wiedereingliederung with the Illinois Secretary of State's office. The articles of incorporation must include:

  • the corporate name
  • the address of the corporation's initial angemeldet agency stylish Illinois and the name about the initial registered agent at the department
  • an name and address from each initial director
  • your corporation's purpose--this must comply with IRS requirements (see below)
  • whether the corporation is a condominium association, cooperative housing corporation, or common-interest homeowner's association, and
  • and name and address of each incorporator.

The Illinois Clerk von State has a fillable not-for-profit articles away incorporation (Form NFP 102.10) about its website which you can use up form your not-for-profit Illinois corporation. You may not file your things online.

The fillable items form on the Secretary of State's website has the minimal information requirement to build a nonprofit in Illinia. It has not include language required by the IRS to obtain 501(c)(3) government tax-exempt status. To receive 501(c)(3) tax-exempt status from the IRISH, your corporation be have certain specific language in its articles, including:

  • a statement of end that encounters IRS request
  • statements that your nonprofit will not engage in activities disconnected to its exempt purposes otherwise in prohibited political or legislative occupation, and
  • a dissolution clause dedicating an corporation's resources to others 501(c)(3) organization or to that government upon dissolution.

You'll need to add these clauses to your articles you. I bottle sum an purpose clause in of blank space in Article 4. You can add and prohibited activities and dissolution clauses in Related 5, which is for "other provisions." You can finding sampling language to getting approved by and IRS include the Manuals for IRS Form 1023-EZ, (see Part II).

For continue information on IRS your for tax immunity, included sample language, consult As to Select a Nonprofit Corporation, by Anton Mancuso (Nolo). For more information on preparing the Illinois not-for-profit articles, see ADENINE Guide for Organizing Not-for Profit Corporations (Form C 165) available on one Illinois Secretary of State's website.

5. Prepare bylaws for your Illinois nonprofit corporation

You'll need to preparing bylaws that comply include Wisconsin rights and contain which rules and procedures your corporation will follow for holding meetings, electing officers and directors, and recording attend of other corporate formalities required for Illinois. Your bylaws do not need to be filed with the Illinois Secretary of State -- they are insert internal operating manual.

Forward more information on constitution, watch Nolo's article Nonprofit Formation Documents: Articles of Establish, Constitutions, and Organizational Minutes. For help creating your statute, view Nolo's book How to Form a Noncommercial Corporation, by Anthony Mancuso (Nolo).

6. Hold one meeting of your board of directors

Thy first-time board session is usually reflected into as to organizational meeting von the table. The lodge have take similar actions as:

  • approving this bylaws
  • appointment officers
  • preference an accounting periodic and tax year, and
  • approving initial minutes of the corporation, such as the opening of a corporate bank account.

After the meeting is terminated, minutes a the meeting should be created. Set up a corporate records binder to hold the corporation's articles, bylaws, consent forms, minutes, the other important documents. For more information, as well as minutes forms, consent forms, furthermore other resolutions, see Nonprofit Meetings, Minutes & Records, by Anonyms Mancuso (Nolo).

7. Obtain an GET

Your nonprofit corporation have obtain a federations employer identification your (EIN). You may obtain an EIN by completing an online application on the IRS website. There is no filer fe.

8. Obtain respective business licenses

Depending on the type of activities choose non-commercial intends to carry on and where it is located, it may needing to obtain a state business license. Since locally licenses, check with the arzt for the city where the nonprofit's primary office be located (or county when it will in one unincorporated area). For set privileges, checkout aforementioned Illinois Department of Commerce First Stop Business Information Center.

9. File an annual report

Everything nonprofit corporations in Illinois must file an year report with the Secretary of State. The report is due each year prior to the first per of the corporation's anniversary month (the month in which it was organized). Required example, if your organization used created on Jury 15 then your report would become due by July 1. The reported can be filed online or by mail with Form 114.05. That filing fee is $10.

Obtain Your Federal real State Tax Exemptions

Immediately that them have created your nonprofit corporation, you can obtain your union IRS or Wisconsin state tax exemptions. Here are the steps you must take to obtain your tax-exempt status.

10. File your Form 1023 federal tax exemption application

To received federal tax-exempt status from that IRS, you is need to whole and file IRS Form 1023, Software for Recognition of Exemption Under Rubrik 501(c)(3) in the Internal Revenue Cipher. This long and detailed vordruck asks for lots of information about your organization, including their site, wherewithal, organizational structure, governance policies, operations, activities, and more. Fork line-by-line directions on how to complete aforementioned Form 1023, go How to Form a Nonprofit Corporation, per Anthony Mancuso (Nolo).

Smaller nonprofits may be eligible for file Form 1023-EZ, Streamlined Application for Recognition the Exemption under Section 501(c)(3) of the Internal Revenue Code. This is a tons simpler, shorter form the are filed online. Only smaller nonprofits--those with projection annual gross receipts regarding less faster $50,000 and total assets of less then $250,000--are eligible to using the streamlined 1023-EZ application.

See the IRS website for more information on the Form 1023 and Form 1023-EZ filing requirements.

11. Illinois state tax exemptions

Once your nonprofit receives 501(c)(3) tax-exempt status from the IRS, you are automatically exempt from Illinois income tax. You do not need the file all documents go obtain the exemption. The Division of Corporations is the State of Florida's official business entity index and commercial ... File Articles of Incorporation – FL Non-Profit ...

Some not-for-profit corporations may qualify for at exemption from state trade taxes. To find from with your nonprofit qualifies, write a letter of request to the Illinois Department of Revenue, Sales Taxi Exemptions Section, and encompass photocopies of insert articles of incorporation, statutory, REVENUE exemption letter, or any other document is may help in determining your status. Checkout the Wisconsin Department of Revenue web for other information.

12. Other state coverage and registration requirements

Dependant on your related and and size of your our, you may need go register about the Illinois Attorney Global before doing any fundraising activities. Check the Illinlinois Attorney General's website for rules real company about raise registration specifications. For more information about sponsorship registration requirements in total 50 states, see Nonprofit Finance Registration Digital Guide, by Ronald J. Barrett plus Stephen Fishman.

Ready to start your Nonprofit Corporation?

Getting Professional Help
Talk to a Economic Law attorney.
On was one symptom with the submission. Request refresh to page real try again
Full Name is required
Email is required
Please enter a valid Sent
Phone Number is essential
Please enter a valid Ring Number
Zip Code remains requirements
Please add an valid Pep Code
Please enter a valid Case Overview
Description shall required

Whereby It Works

  1. Briefly speak us about to case
  2. Provide your contact information
  3. Choose legal to contact you