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The first step in forming a 501(c)(3) charity in Maine is to file your Articles of Incorporation. This article will help you through the 11 steps necessary to submit the Articles of Incorporation in Maine and formally create a charity.

 

Starting Over

Form MNPCA-6 (D) – Nonprofit Articles of Incorporation is required to form a domestic nonprofit company in Maine. This tutorial covers every step you need to take to properly complete this paperwork and get started on the path to founding a Maine 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: Obtain Your Registered Agent’s Consent
Step 5: Identify the number of directors on your board.
Step 6: Confirm any additional members
Step 7: Confirm the Nature of Your Nonprofit’s Activities (Optional)
Step 8: Provide Any Additional Attachments (Optional)
Step 9: Submit Your Incorporator Data and Signatures
Step ten: Finish Your Filer Contact Cover Letter
Step 11: Documents for File Formation

Step 1: List the Name of Your Nonprofit

The first step in completing the Maine Articles of Incorporation is to enter the name of your organisation. If you haven’t yet decided on a name for your organisation, these are the prerequisites for naming a nonprofit in Maine:

Your nonprofit’s name must be distinct from any other name on file in Maine, including any reserved names.
The name of your nonprofit cannot persuade the public to assume it was founded for a reason different than what is stated in its Articles of Incorporation.
Your nonprofit’s name cannot include any words or phrases that are regarded very derogatory.

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.

Maine Corporate Name Lookup
A nonprofit company must have a distinct name in order to function in Maine. You may quickly verify whether your desired name is available by utilising the Maine corporate name search tool.

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.

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Step 2: Describe the Purpose of Your Nonprofit

Check the relevant box and then describe your nonprofit’s objective to confirm whether it is a public benefit corporation or a mutual benefit company.

To be qualified for 501(c)(3) status, your nonprofit’s mission must incorporate 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 Maine, the Articles of Incorporation must be filed with a registered agent. This position may be filled by either a commercial registered agent (CRA) or a noncommercial registered agent. 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:

Commercial Registered Agent – Include their name as well as their CRA Public Number.
Noncommercial Registered Agent – Include their name, physical address (no P.O. Boxes), and a postal address if it varies from their physical address.

Step 4: Obtain Your Registered Agent’s Consent

You are verifying that you have acquired your registered agent’s permission to their appointment by submitting your Articles of Incorporation with the state.

Step 5: Identify the number of directors on your board.

Article five should provide the number of directors who will serve on the board of your organisation. Three is the bare minimum.

Step 6: Confirm any additional members

Check the relevant box in item six to indicate whether or not your organisation will have members.

If your organisation will have one or more membership classes, you must send an attachment including all of the information needed by 13-B MRSA 402.

Step 7: Determine the Scope of Your Nonprofit’s Activities (Optional)

Article seven allows you to certify that no significant portion of your nonprofit corporation’s operations will include propaganda, political campaigns, or seeking to influence legislation.

Check this box if this article applies to your charitable organisation.

Step 8: Include Any Extra Attachments (Optional)

Check the box in article eight if you intend to provide any extra attachments, such as statements supporting your nonprofit’s eligibility for 501(c)(3) status as defined by the Internal Revenue Service (IRS).

Your nonprofit’s Articles of Incorporation must contain a statement of how the organization’s assets will be dispersed upon dissolution in order to qualify for 501(c)(3) status.

Dissolution assets must only be distributed for authorised, tax-exempt uses. Refer to the sixth section of the IRS’ proposed wording for corporations and organisations for further information on the requirements of dissolution and 501(c)(3) status.

Step 9: Submit Your Incorporator Data and Signatures

In this part of your Articles of Incorporation, you must provide the name, address, and signature of at least one incorporator.

Provide the name, major business address, and signature of an officer of the company if you have a corporate incorporator.

Step 10: Finish Your Filer Contact Cover Letter

Fill in the blanks with the following information for your Filer Contact Cover Letter:

The name of your organisation
A list of the filings that are included (e.g., your Articles of Incorporation, Registered Agent Statement of Appointment form, any additional attachments, etc.)
Any request for special treatment (e.g., hold for pick up or expedited filing)
Included are the entire filing fee(s).
This filing’s contact information, including the person’s name, email address, and phone number
The filing’s return address

Step 11: Documents for File Formation

Maine Articles of Incorporation may only be filed via mail.

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