There’s a handful of things you need to know as you tackle your non-profit’s corporate name (MD Code § 2-106 (2013)). First, it must be unlike any other registered entity – conduct a Business Entity Search to check for naming conflicts. The name can’t be deceptive and imply your non-profit does anything other than what you’ll state in your Articles of Incorporation.
Also, the name must include one of the following words or their abbreviation: “Company”, if it’s not preceded by the word/symbol “and”; “Corporation” “Incorporated”; or “Limited.” In Maryland you can also reserve a trademark by filing a Trade Name Application.
Filing Fee: $25 regular, $50 expedited, $75 total expedited
A Maryland Registered Agent is required to incorporate any non-profit in the state. This “statutory agent” should be an individual of legal age and a resident or a registered business entity on file with the Dept. of Assessments & Taxation. Your “registered office” is also required to have a physical MD street address.
Chances are you’re unfamiliar with the formal nature of non-profit corporations. That’s okay, choosing to govern by a board of directors has a fair amount of upsides vs. being “member or volunteer-run”. The first being that you’ve got to assemble a team! Now incorporators are the individuals who execute the Articles of Incorporation in Step 5 – sign & file. As long as they’re 18 you’re good to go.
Bookmark the Checklist for MD Non-Profits because it has some of the finer details and links to more resources, but to be frank, working with an attorney or incorporation provider really comes in handy during this foundational step because there are definitely corporate formalities to learn.
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:
To get started, check out this savvy Corporate Bylaws Template with an example that you can customize yourself.
First, head to the Departmental Forms page and then choose the Articles of Incorporation that suit your organization, whether religious or strictly tax-exempt. It will need to be filed with the MD State Dept. of Assessments & Taxation (SDAT) and do keep in mind that if you don’t leverage the expedited services it could take over 2 months to get this processed! Below is the current fee structure (subject to change) and here’s a link to the Annotated MD State Code as well.
Filing Fees: $100 filing fee + $20 Organization & Capitalization fee + $50 Development Center Fee if applying for 501(c)(3),(4), or (6) + optional $5 return mail fee + optional $50 expedite fee which is required to file online, by fax, or in-person.
What is a corporate records book? It’s where you store and keep a ledger of critical hard copy paperwork for your non-profit. A very common practice – not mandatory officially, but you won’t find a serious company or non-profit without them.
As the name of the book implies, it’s a record holder of your Maryland registration documents, licenses and permits, minutes of meetings, etc. You can pick one up at a nearby office supply store, get a great deal ordering online through Amazon, or get a Corporate Kit which includes gorgeous records books/binders you can brand for as little as $99.
This is your first official meeting with your non-profit board of directors which is required by law as a final part of formation! Be sure to record “minutes” of the meeting and have it signed by all attending directors then add it to your records book. Here’s a Minutes Template you can customize and use to get the ball rolling. Topics covered should include:
You have a social security number, right? Well an EIN, or Employer Identification Number, is exactly like it except for business entities and incorporated non-profits. The state/federal government uses it to track your financial activity, but beyond that you’ll be able to use your EIN to set up an official bank account in Step 10, hire paid employees if necessary, and more.
While there are a number of ways to get yours, it’s quick, easy and free of charge when you do it through the IRS Website.
By now you should be ready to apply for exemptions under state and federal laws and in the process take care of any remaining licensing/permit issues. If you don’t have a legal team, here are four resources to get you started:
Two other great resources are the Baltimore district office of the Small Business Administration and the state’s Business Express page because they’re so highly-connected throughout the state to financial and other services your non-profit can leverage.
Now that you have an official non-profit with an EIN, find a great banking institution to secure your financials. What’s important here is to shop around. There are tons of options in terms of local, state, and national banks/credit unions whether we’re talking lowered fees, great online banking, general business services, and more.
If you think it’ll be helpful, look into this short breakdown of Business Checking Accounts to start brushing up on the basic numbers involved. Once you set up shop, be sure to sync this account with your accounting software and keep any and all other accounts separate!
Without very precise planning/strategy it’s likely you’ll a) lose your exempt status and b) find it incredibly difficult to attract the kind of supporters it takes to really grow a non-profit into an organization with serious impact. That being said, these days there’s amazing software solutions that simplify the process for those of us without MBAs.
If you need help putting a solid plan together, we highly recommend a tool called LivePlan. The software will walk you through the planning process in half the time it normally takes.
If you don’t already have a website published, it’s time to get started. Not having a website really isn’t an option anymore and if this is all brand new to you, you’ll be surprised how affordable it can be. Our most valuable bit of advice here is:
Note that this article on how to start a non-profit organization in Maryland 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 start a non-profit organization in Maryland or business in general, please consult with a lawyer or other accredited professional.