Step 1) Verify & Secure Brand Name

Choose a Business NameThe first step to forming a non-profit entity is to secure it’s name, which becomes official when you file Articles of Incorporation in Step 5.

  • Needs to be unique, unlike any other registered name with the Department of Commerce, Division of Corporations and Commercial Code.
  • Shouldn’t be similar to any assumed name or trademark. See Title 16 Chapter 6a Part 4 Section 401 for specific naming guidelines.

To begin your research, conduct a Business Entity Search through the state and another search using the TESS System through the U.S. Patent Office. If needed, file an Application for Reservation of Business Name which protects the name for 120 days.

Filing Fee: $22

Step 2) Appoint A Registered Agent

Choose a Registered Agent

A Registered Agent must be an individual resident/citizen of Utah or a domestic/foreign business entity registered with the Utah Division of Corporations. They must also have a physical street address. They’re an official representative of your brand who receives and helps handle/process all official documentation like state filings, tax forms, court or legal notices, etc.

Basically you can hire an outside professional and expect to pay up to $160/year, or get a qualified agent free of charge when you start your organization through a service like IncFile or Incorporate.com. Nonprofit fling services like these handle this step along with much more depending on your startup package.

Step 3) Select Incorporators & Directors

Choose the Initial Directors

Incorporators are the individuals responsible for executing the Articles of Formation with the state which officially declares the entity. Utah only requires one. Then you’ll need to appoint at least 3 directors who among other things will oversee the non-profit until the first meeting where official directors can be voted on.

This part can be somewhat complex because of the legal/tax nature of non-profits which is why it’s a good idea to either hire the best non-profit lawyer you can afford or work with professional service providers like IncFile. They can help you understand the ins and outs of choosing initial directors and so much more.

Step 4) Draft Non-Profit Bylaws

Register an LLC

Without your own bylaws, your non-profit would be subject to the default rules and statutes concerning these subjects which may not be suitable at all. Common non-profit bylaws include:

  • Detailed info on principle and registered agent offices.
  • Management, procedures, and responsibilities of the board.
  • Details on each office – Pres., Secretary, Treasurer, etc.
  • How to go about Adding/Amending bylaws,
  • How to handle other corporate formalities required in Utah.

To get started, check out a savvy Corporate Bylaws Template with an example that you can customize yourself. Also, if you have a legal representative or someone that’s familiar with going through state law, here’s a link to the Title 16 Chapter 16a of the Utah state code.

Step 5) File Articles Of Incorporation

Business Licenses

Once you and your team decide it’s time to form the initial corporation, file your non-profit Articles of Incorporation or submit them via mail to the Sec. of State. Information you’ll need includes:

  • The name, type, duration of existence, and statement of purpose (provisions for non-profit vs corp);
  • Complete names & addresses of registered agent (and office), incorporators, and directors.
  • Any specific provisions/bylaws set forth as part of the internal operations of your organization.
  • A stipulation of apportioning assets to any 501(c)(3) upon termination of your organization.

Filing Fee: $30

Step 6) Start A Corporate Records Book

File Annual Reports & Publication Requirements

If you’re audited, a corporate or non-profit records book/binder is what you’ll need to show them. In fact, if there are any kind of disputes it is the records book which should contain documents covering the matter either through contracts, bylaws, minutes of meeting, tax forms, legal notices, and so on.

As the name of the book implies, it’s a record holder of your Utah registration, licenses and permits, and other critical paperwork. They’re very common in conjunction with modern “cloud-based” storage. You can pick one up at nearby office supply stores, online through Amazon, or for $99 get a professional Corporate Kit which you can brand and customize.

Step 7) Conduct Initial Meeting

Hold a Meeting with Your Board of Directors

Now it’s time to conduct your first non-profit meeting which is going to be very organizational/foundational in nature. Don’t forget to record “minutes” of the meeting and have it signed by all attending directors. Here’s a Corporate Minutes Template to get the ball rolling. The agenda should look something like this:

  • Take attendance and show you have a quorum (minimum number needed).
  • Appoint temporary officers, chairmen, secretary, etc.
  • Adoption of the bylaws set down in Step 5.
  • Where to set up a bank account (Step 10), file state reports, etc.

Those are the basics, but depending on the nature of your non-profit and how many members/directors are at the meeting there could be a lot more to discuss. It’s a huge move in the right direction though, so celebrate afterwards!

Step 8) Get An EIN

Get an EIN for Your LLC

An EIN is an Employer Identification Number and your non-profit organization will need one to be compliant on the federal as well as state levels whether you intend on hiring official employees or not. Why? Well, through this number relevant agencies track your financials through your bank account which you need an EIN to create (Step 10).

Now, while there are a number of ways to get one, the quickest and easiest way is to apply/request one directly through the IRS Website.

Step 9) Handle Licensing & Exemptions

Business LicensesAt this point you should be able to cover these two bases at once – requesting exemptions for your non-profit on the federal level and taking care of any state licensing/permit issues. To get started:

  • Download IRS FORM 1023: Application for the Recognition of Exemption under Section 501(c)(3).
  • Or Form 1023-EZ: streamlined form but must be under $50k annual gross receipts and $250k in assets.
  • Bookmark the Utah Non-Profit Assoc. and the USTC to get more specific information.
  • If you need extra help, look into professional Business License Research packages.

Consider bookmarking the Salt Lake City district office of the Small Business Administration and the state’s Business Services page as well because they’re likely going to be valuable resources. Also, there are a few additional registration requirements as well as reports that need to be filed for any fundraising activities, especially if done outside the state’s jurisdiction. Visit Utah Division of Consumer Protection to get more information.

Step 10) Setup A Business Bank Account

Best Business Bank AccountIdeally, during your first shareholder meeting you spent some serious time going over where to bank and set up your non-profit’s financial foundation. With so many different banks and credit unions (local, state, national) with tons of different fee structures, incentives, kickbacks, and other business services this shouldn’t be taken lightly.

The other issue is to make sure non-profit (corporate) accounts aren’t connected or mixed with any accounts of any other kinds (business or personal). It should be a dedicated and separate account for easy financial tracking and tax purposes synced with your accounting software.

Need Help Forming Your Organization?

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 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 Utah 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 Utah or business in general, please consult with a lawyer or other accredited professional.