The first step in forming a 501(c)(3) charity in Kentucky is to file your Articles of Incorporation. This article will help you through the 11 steps necessary to submit the Articles of Incorporation in Kentucky and formally create a nonprofit.
Starting Over
In Kentucky, you must submit the Articles of Incorporation – Nonprofit Company to form a domestic nonprofit corporation. This tutorial covers every step you need to take to properly complete this paperwork and get started on the path to founding a Kentucky charity.
Step 1: List the Name of Your Nonprofit
Step 2: Describe the Purpose of Your Nonprofit
Step 3: Select a Registered Agent
Step 4: Provide Your Nonprofit’s Mailing Address
Step 5: Select Your First Board of Directors
Step 6: List Your Incorporator Details
Step 7: Select an Effective Date for Your Filing
Step 8: Indicate Your County of Operation.
Step 9: Choose the Best Nonprofit Description
Step 10: Include Any Extra Attachments
Step 11: Documents for File Formation
Step 1: List the Name of Your Nonprofit
The first step in completing the Kentucky Articles of Incorporation is to specify the name of your organisation. If you haven’t yet decided on a name for your organisation, below are the prerequisites for naming a nonprofit in Kentucky:
Your nonprofit’s name must be distinct from any other name on file in Kentucky, including any reserved names.
The name of your organisation must include the words “company,” “corporation,” or “limited,” or the abbreviation “Corp.,” “Inc.,” “Co.,” or “Ltd.”
The name of your nonprofit cannot indicate a purpose other than what is declared in its Articles of Incorporation.
Look for the Availability of Your Name
Following the selection of prospective names — preferably, at least four or five — it’s essential to check their availability in your state. You may do this by completing the four suggested searches listed below.
FastTrack Search in Kentucky
A nonprofit company must have a distinct name in order to exist in Kentucky. By utilising the Kentucky FastTrack Business Organization Search tool or the Kentucky FastTrack Name Availability Search tool, you may quickly determine if your desired name is available.
Domain Name Lookup
We highly advise you to additionally check to see whether your company name is accessible as a web domain (URL). Even if you don’t intend to construct a company website right away, you should purchase the domain name to prevent others from gaining it. It’s a completely free search.
Federal Trademark Lookup
Using the federal Trademark Electronic Search System, you may quickly see whether your preferred charity name has already been trademarked. Even if you do not intend to create your charity right immediately, this is essential.
You may register for a trademark for your organisation after you have confirmed that no one else has previously trademarked your selected name.
Search the Web and Social Media
A good social media presence can help you reach out to prospective funders as well as customers who will employ your services. As a result, before registering your preferred name, check the web and prominent social media platforms for it to confirm it is accessible on all platforms where you want to advertise your group.
Step 2: Describe the Purpose of Your Nonprofit
Describe the mission of your organisation in article two. For your organisation to be qualified for 501(c)(3) status, it must have one or more of the following characteristics:
Charitable\sReligious\sEducational\sScientific\sLiterary
Public safety testing
promoting amateur sports competition on a national and worldwide scale
Preventing animal/child cruelty
Step 3: Select a Registered Agent.
In Kentucky, the Articles of Incorporation must be filed with a registered agent. An person, a domestic corporation, a domestic non-corporation, a domestic limited liability company (LLC), a foreign corporation, a foreign non-corporation, or a foreign LLC allowed to do business in Kentucky may serve this job.
A registered agent’s duties include receiving and sending service of process paperwork for the company as well as acting as the entity’s point of contact. Your company cannot act as its own registered agent.
This section’s requirements include:
The name of your designated registered agent
The street address of your selected registered agent’s office (no P.O. Boxes)
Consent from your registered agent, either by signing the Articles of Incorporation or sending a Statement of Consent with your formation paperwork.
Step 4: Provide the Mailing Address of Your Nonprofit
Provide the postal address for your nonprofit’s main office in article four.
Step 5: Form Your First Board of Directors
Name your board of directors and offer a postal address for each in article five. You must include at least three directors in order to finish this paperwork and qualify for 501(c)(3) status.
Follow these guidelines while creating your nonprofit’s inaugural board of directors:
Prefixes such as “Mr.” or “Ms.” should be avoided.
Use lineage titles if relevant.
If appropriate, use titles such as “M.D.” or “Ph.D.”
Step 6: List Your Incorporator Details
Any individual who takes part in the completion and filing of the Articles of Incorporation is considered an incorporator. In article six, include the names and addresses of each of your nonprofit’s incorporators, using an attachment if necessary.
Step 7: Determine the Effective Date of Your Filing
Unless you specify a different effective date in article seven, your Articles of Incorporation will go into effect when you submit the paper. The date you provide here must be earlier than the day you submit this formation document.
Step 8: List Your Operating County
List the county in which your nonprofit company will operate in this box.
Step 9: Choose the Best Nonprofit Description
From the choices offered, check the item that best defines your charity.
Step 10: Include Any Extra Attachments
You must incorporate certain extra declarations in your Articles of Incorporation to qualify for 501(c)(3) status. Because the Kentucky formation document lacks a section on asset distribution upon dissolution, add an attachment to indicate how the assets of your nonprofit company will be allocated following dissolution.
Dissolution assets must only be distributed for authorised, tax-exempt uses. Refer to the sixth section of the Internal Revenue Service’s (IRS’) proposed wording for corporations and organisations for further information on the requirements of dissolution and 501(c)(3) status.
Please reject this form and instead submit a written, executed copy of your Articles of Incorporation in accordance with KRS 271B if this form does not conform with the Articles of Incorporation you desire to file (i.e., you want to incorporate extra articles, signatures, etc.).
Step 11: Documents for File Formation
You may submit your Kentucky Articles of Incorporation online, via mail, or in person.