We are incorporated! YEA! We have a board. Next writing bylaws. Then approving bylaws, electing officers from the board, and then, and then, and then.........ALONG CAME JONES, TALL THIN JONES, SLOW WALKIN JONES......This process is pretty darned intimidating, but we aint giving up! Thank you for this video. I will checkout the links shortly. No bump in the road will deter us from becoming an amazing Malamute Rescue!
Thank you so much! This is something that I've been putting off for over a decade now, thinking it was complicated and I needed to pay good money to have it done. Now I'm confident that I can do it myself. Thanks again!
Hi Steve, thanks for all your help. I am from Connecticut and I got all ready by laws or articles of incorporation documents. Am going to send IRS office? Currently am alone for the foundation and to open bank account they wants “articles of incorporation”.
The new IRS form is pretty easy to fill out. The banks typically want articles of inc. They may also want addition people on the account. Good luck with everything.
That is a good question. I am not familiar with c6 requirements. These bylaws are for c3's. Not sure they can be used for other types of organizations.
Thank you! I really have way more clarity with everything I need to do! Not only that I feel like you're very humble and generous person. Blessings to your future!
Nonprofits have a board of directors. Nonprofits do not have individual owners and do not issue stocks or dividends. Shareholders are stock owners of for-profit businesses.
Thank so much Steve! You have made it possible for me to create my own non-profit and write my own bylaws. At first I was scared to write my bylaws and now I'm excited. I appreciate this video immensely! I took notes the whole time. It is impressive how smart you are!
I just wanted to stop this video and say thank you thank you thank you, for taking the time in doing this video! I was a little overwhelmed with all this and you have just broken it down, so thank you.
Congrats on the 501c3! And yes, bylaws are not a requirement to get your 501c3. But you will need them as an operating manual for your board. How do you elect board members? How long is their term? Who are the officers? and very important... indemnification. All this would be in the bylaws to ensure the perpetuity of your nonprofit.
Good question. Not sure I know the exact answer. If you started you nonprofit in another state and got an EIN, then moved to another state and started it again, then you likely need a new EIN because it is a new business. I think I need more info on what type of business got the EIN and if you restarted it in another state.
Hello, I have a weird question: can a 501 (c)(3) organization have a 501 (c)(4) "ramification" ? Operating with separate budget, funding, financial system, etc. and: can an employee that works for a 501 (c)(3) work invest some time working with the 501 (c)(4) ramification? Please advice.
Hi Steve, great video. Questions: Volunteers, liability, release of risk. Is that all part of the policies and procedures? Would volunteers be considered members?
Great. I am glad you are finding it helpful. Keep us posted on your progress. You may be interested in a new "how to make a nonprofit website". I hope to have it out this month.
@@npally The state paperwork should be getting filed soon. Then we wait. In the meantime, I guess my friend and I will need to work out all the details of the IRS forms that we can. I will be watching more of your videos, and reading the NOLO book you recommended. I bought it.
@@sticks-customcabinetryandw7971 Awesome. One of my favorite tips for new nonprofits is that you can start fundraising before you become an official 501.c.3. As long as the donations are within 18 months of getting your official status the donations are still tax-deductible. You have to be smart about it and let donors know you are 501c3 "pending". I'd only do this after you file the IRS paperwork. It typically takes them about 6 months to process the paperwork. But in today's world... it could be longer. Is the IRS even open right now? In any case, once you get the IRS paper submitted you can think about fundraising. (Actually, you can fundraise now, but it would not be tax-deductible.) I used the NOLO book to start my nonprofit. It is a very good book.
@@npally I don't know about the IRS, but California is still taking applications by mail. I made sure to check before I even filled out the state forms. I am working with my sister periodically to find places that will potentially donate to the cause. She and her friends started an NPO a few years ago, and she has informed me about "big day of giving", and similar things. Goals. Thank you so much for taking the time to respond to me!!
Hi! I belong to a national organization. Given the situation we find ourselves in the COVID era, how can we vote on electronic voting using electronic voting (is that an oxymoron)? Our bylaws have stated that voting is done at our annual meeting during our business meeting, which would be in-person. Since no one ever saw this coming, how can we institute membership online voting if we cannot vote upon it without being in person? Your video was great and I look forward to perusing your website. Thanks!
That is a great question. I am not sure I have the legal background to answer it. When you say voting is done at the annual meeting, do you mean all types of voting, or voting on amending the bylaws? Most bylaws have guidelines on how to amend the bylaws. If this can only be done in person, then you have an issue. Though present circumstances may allow for some wiggle room. Like written unanimous consent or options like that. Wish I could give more definitive advice.
Thank you so much Steve, its really useful and give a good impression about your experience. I have question here, one the main role of Board members is to hire CEO, is it allowed to make CEO part of Board member or this consider as Conflict of interest? Thanks again and looking forward to your reply.
If you are a non-profit as defined by your State Articles of Incorporation, you can use that designation but you cannot use 501(c)3 and the tax deductible status that goes with it until you have your letter of determination.
Hey Jordan. I am so glad you posted this. One of the websites plugins was acting up. I went in and updated. And then double checked everything. It should all work good now. Please try the links again and let me know if you have any issues. Thanks again for taking the time to post a reply.
The nonprofit exists without the founder. It is a corporation and is run by a board of directors. To get the nonprofit running again, I'd check your compliance with the state and federal agencies. Which basically means checking that all your paperwork is upto date. If you are out of compliance, then you may have to take extra steps to get re-established. Check your status with your State and the Feds to see if everything is upto date. Also, make sure you are following your bylaws. Does it require a minimum amount of board members? If so, be sure your board meets that requirement.
+Rome Lucas-Reese The minimum number of board members can vary state to state. Check with your state attorney general for more info. I have a list of state contacts here: nonprofitally.com/state-nonprofit-links. I am not sure if that is what you mean since you ask "member committee amount". Committees are different than board members. As far as I know, there is no min for committees.
I enjoyed your video. I am helping out and existing 501 (c)(3) non profit in Arkansas, a group/alumni association for the blind school there... Their bylaws are incomplete and have been for a few decades, and it has now caused a lot of diviison and problems. I am helping them revamp them. Questions are as follows: 1. Is it customary for a board's president to have executive powers to have a task done or say this is how it shal be done? I say no. But thought I'd ask your thoughts. THat is what the bylaws and PnP is for, right? Or maybe allowable on in 2 or 3 critical issues as also outlined in the bylaws? 2. Most members live in the state of Arkansas but a large number live outsiede that state. And the fact is, that given the fact that most cannot drive due to their eye sight problems, I think conference calls can allow some would be board members better participate in discussions and deciion making. That said, is it wrong to allow votes over a conference call? 3. Isn't the online version at an organizaitons site considered the official version for the public to review and make challenges against. Which also by the way thousd be the version within that states secretary of state filing?
1. Each board member has the power of one vote. Decisions are made by the majority. The president should not have any special overriding power. They get one vote and majority rules. 2. You can spell out the parameters for virtual meetings in your bylaws. Be clear on how voting procedure works and things like that. Though check with your Sec. of State. Some states do not allow virtual meetings. 3. The official version of your bylaws are the ones you most recently adopted. By-laws can be amended and there should be an Article in your bylaws that explains how to amend them. There is usually no requirement for bylaws to be posted online or in public. I'd check to see if your state requires your bylaws be filed with them. Not all do (most don't). Though they do have your articles of incorporation paperwork. Hope this is helpful.
Nonprofit Ally OK… That’s a good start and I appreciate your reply. I see several problems with their current constitution as they refer to it. You can view them yourself which is probably two pages at most or three perhaps. At the following website. asbvialumni.com. There’s no provision and their constitution that grants executive power to the president. Furthermore there’s no remedy in the constitution it is currently written and posted online that deals with amendments any great detail. There’s no provision in there constitution that grants executive power to the president. Furthermore there’sc. What’s start up a lot of trouble this weekend at their annual convention was the president decided to allow proxy voting which was not part of the constitutional Waze for the methods for voting. Requires it members be present at the annual meeting to vote in person. Secondly executive order to allow is what firstly started all the mess. I received several calls and upon reviewing the constitution was in the first thing I did, I found it very weak. There’s no indemnity there’s no terms and definitions to define certain terms and the words etc. no remedy in the constitution is currently written and posted online that deals with amendments any great detail.
I guess first you'd have to make the board aware of the problem that their lack of bylaws can create. If they are a 501.c.3 they are legally required to follow their bylaws. And if their bylaws are missing important clauses, then "they", as individuals, could be personally liable for any issues that arise within the organization. That usually wakes folks up. Then get cracking on getting better bylaws. Check out the links in the description of this video for help.
+Steve Vick (Nonprofit Ally) A fiscal sponsorship uses their 5013c status to let you partner with them to solicit funds. If two nonprofits do complimentary work with each other, then they can work together to raise funds and the one with the 5013c gets a cut of what the other org raises and has to abide by their rules and standards so it can help both.
+Kelly Knott Hey Kelly, I am not sure what you mean by "print out papers"? There are bylaw templates (which I totally recommend you use) that will help you get started. But there is no "form" or anything like that for bylaws. You could start from scratch with a blank word doc, but that would be a lot of work (though that is how I created my templates). In any case, get some sample bylaw templates that you can download and customize them. You can use mine at: nonprofitally.com/bylaws Hope that helps.
+Kelly Knott I am not an authority on Church bylaws, but here are some links that may be helpful: www.lawmart.com/forms/fnp-bl06.htm www.churchsmart.com/v/vspfiles/assets/images/church-constitutions.pdf www.christian-attorney.net/bylaws_christian_church_religious_nonprofit.html Hope that helps.
Yes it is! My sister and I are in the middle of starting a non-profit, at least that is our desire. Would you have time or be interested in answering some question through email? Alaska is a little different when it comes to being non-profit and because calling the IRS is not an option, I was trying to search for someone I can talk to. If you wouldn't mind or have time could we email you?
