The first step to securing an official name for your non-profit is to check and see if the one you have your heart set on has already been filed with the state – by a DBA, LLC, Corp, Trademark, etc. To check for naming conflicts conduct a Business Entity Search or as many as you need until you’re sure it’s unique. You’ll find specific info in the §41-3-401 statute on corporate naming.
If needed, file a Name Reservation Request to have it set aside for your non-profit for 30 days while you’re forming.
Filing Fee: $25
As a legal business entity you’ll need a Registered Agent, or statutory agent, who is responsible for officially receiving critical notices and copies of important paperwork on behalf of your non-profit – legal notices, tax forms, state-level contracts, etc. They must be aGeorgia resident/citizen or registered business entity with a “registered office” at a physical Georgia street address that hold regular M-F business hours.
Now, you can hire an outside professional service and pay up to $160/year or get an agent free of charge when you incorporate with IncFile or BizFilings. They handle this and much more depending on your startup package.
As long as they’re an adult, anyone willing to represent your non-profit can act as an Incorporator and “execute” your Articles. The duties and responsibilities of Directors are far more substantial. You’ll need to appoint at least 1 initial director to preside over the non-profit until it is formed. Then, in Step 7 you’ll vote on and establish the process by which officially elected directors take there place.
No matter what, you’ll always need to have at least 1 director to stay within the law. That said, this part can be complex so don’t be afraid to turn to a professional incorporation services experienced in working with new non-profits or a specialized attorney. Directors and these formalities should be clearly understood.
You can’t incorporate without formal documented bylaws which according to the 2010 Georgia Code, “The bylaws may contain any provision for regulating and managing the affairs of the corporation that is not inconsistent with law or the articles of incorporation.” Some of the issues covered should include:
Be sure to print out a savvy Corporate Bylaws Template so you can begin putting your initial bylaws together. They’re be voted and adopted in Step 7. If there are any changes or amendments to those stated in your Articles you’ll need to notify the right authorities so they can be reflected on the public record.
Unlike other states there is no formal Articles of Incorporation template in the state of Georgia. However, here are a couple of very helpful resources to get your started and provide some direction.
Filing Fee: $100
While it’s true that data tracking and storage has for the most part gone digital, and the cloud is all the rage, what we’re referring to here is a traditional hard cover book or binder where all the most critical paperwork – state registration and filing documents, important contracts, licenses, meeting minutes, and so on. It’s not required by any means, but par for the course with non-profit and for-profit corps.
To get one for your non-profit you can grab a quality records book at any nearby office supply store, order them online through Amazon, or get a professional Corporate Kit which let you brand the book/slip case, provide blank certificates, and more for as little as $99.
Your first meeting with your initial directors marks the official beginning of your non-profit! This is a critical time where the very foundation is laid upon which all the good work you do with your team will be built. Please refer to section Chapter 3. Article 7 within the law for some direction. Otherwise, common topics include:
You’ll need to record “minutes” of the meeting and have it signed by all attending directors. If you found the other template we showed you in Step 5 then go ahead and print out this Corporate Minutes Template you can customize and use to get the ball rolling.
What’s an EIN (also called an FEIN, or TIN) and what’s it for? First, it’s a 9-digit number the IRS assigns to your non-profit to allow you to smoothly file taxes and to track your financial activity to ensure compliance with non-profit tax laws. You can also use it to open an official bank account, legally hire paid employees if applicable and apply for certain licenses/permits.
That said, you can get one quickly, easily and free of charge by applying online through the IRS Website.
Now it’s time to ensure compliance on local, state, and federal levels and apply for exemptions in the process. Do keep in mind your non-profit will be subject to conventional gambling laws.
Also, if you don’t have a legal team or attorney yet and you’re having a hard time assessing what licenses and paperwork you’ll need, be sure to bookmark the Atlanta Small Business Admin office and the Dept. of Corp’s Business Services.
If you browse through this list of Top 10 Checking Accounts for Non-Profits you’ll notice a few specific traits, and in many ways they determined how rough your non-profit’s journey will be in the first 2-5 years:
And remember, your non-profit’s financials should be completely separated from accounts of any other kind and have strict access controls in place as well.
If you’d like help forming a nonprofit, here are two great options:
Swyft Filings ($49 + state fees) is ideal if you’re on a budget but refuse to sacrifice quality. However if you’d like to have access to an attorney past nonprofit formation, Rocket Lawyer ($99 + state fees) is the best option.Visit Swyft Filings Or Visit Rocket Lawyer
Note that this article on how to form a non-profit organization in Georgia isn’t a legal document or legal advice. It’s for informational purposes and the information above is subject to change. For specific legal questions regarding how to form a non-profit organization in Georgia or business in general, please consult with a lawyer or other accredited professional.