Filing the Articles of Incorporation is a critical step in starting a 501(c)(3) Nonprofit in Utah. Whether you have been running a charity for a while or are just starting out, your nonprofit organization will need to fill out the Articles of Incorporation and file them with the State of Utah. This will allow you to file for 501(c)(3) status and reap the benefits of having an official 501(c)(3) nonprofit.
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Starting a 501(c)(3) nonprofit in Utah is easy, just follow these easy steps to file the Utah Articles of Incorporation:
If you are starting a 501(c)(3) nonprofit in Utah, you have come to the right place. After reading the comprehensive guide for Utah nonprofit formation, follow this guide to file the Utah Articles of Incorporation with the Utah Department of Commerce, Division of Corporations & Commercial Code.
What is covered in this guide:
Information you will need to file the Utah Articles of Incorporation
To become a nonprofit corporation in Utah you must file the Nonprofit Articles of Incorporation with the Utah Department of Commerce, Division of Corporations & Commercial Code.
Here are the sections that you will need to complete:
Section 1: Name of Corporation
Enter the name you have selected.
For help with selecting a name for your nonprofit read our comprehensive guide on how to name a Utah nonprofit.
Section 2: Purpose
Describe the purpose of your nonprofit organization.
In order to qualify for 501(c)(3) status, the organization’s purpose must explicitly be limited to one or more of the following:
- Charitable
- Religious
- Educational
- Scientific
- Literary
- Testing for public safety
- Fostering national/international amateur sports competition
- Preventing cruelty to animals/children
Section 3: Registered Agent
Enter the information of the registered agent you selected.
For more information read our guide: What is a registered agent? and The Utah Registered Agent Guide.
Section 4: Incorporator(s)
The incorporator is the person who completes, signs, and submits the Articles of Incorporation. This person does not need to be a part of your organization. This can be you, or a lawyer helping you with the process of formation.
Enter the Name, address, and signature of the corporation’s incorporator(s). If needed you may attach an additional sheet to list all the incorporators.
Section 5: Voting Members
Indicate whether or not your nonprofit will have voting members.
Section 6: Shares
Indicate whether or not your nonprofit will issue shares. If so, how many and how they will be divided.
NOTE: If you are interested in having your nonprofit issue shares, we recommend you first talk to a lawyer to ensure that this will not affect your organization’s eligibility to apply for 501(c)(3) status.
Section 7: Assets
Use this section of the articles of formation to formally state that if the organization is dissolved, assets will be distributed in a manner consistent with the law.
To be eligible for 501(c)(3) status, you must convince the IRS that the organization’s assets will always only be used for the purposes approved under 501(c)(3) rules. To this end, you must include specific provisions ensuring that in the event your organization is dissolved, the assets of the organization will be used towards tax-exempt purposes.
Section 5 of this sample document provides an example of these provisions required for 501(c)(3) eligibility.
Section 8: Principal Address
Enter the primary address of the nonprofit organization.
Section 9: Directors
Enter the name and address of each of the directors you have selected. You must have at least 3 directors.
How to file the Utah Articles of Incorporation
There are two ways to submit your Articles of Incorporation:
Online:
File the Articles of Incorporation through the Department of Commerce's online portal.
By Mail:
Submit the Articles of Incorporation to the mailing address below:
Utah Division of Corporations & Commercial Code
P.O. Box 146705
Salt Lake City Utah 84114-6705
The filing fee is $30.
- Checks and money orders for mailed forms must be made payable to the "State of Utah"
Utah Nonprofit Formation FAQ
How long does it take to process the Utah Nonprofit Articles of Incorporation?
Standard processing takes about 14 days, which can be expedited to ~2 days for an additional $75 expedite fee.
How do I contact the Division of Corporations & Commercial Code?
You can call for information at (801) 530-4849, fax them at (801) 530-6438, or visit them at their website.