Follow these procedures to establish a charity in Georgia and get 501(c)(3) status:
Step 1: Give Your Georgia Nonprofit a Name
Step 2: Select a Registered Agent
Step 3: Appoint Board Members and Officers
Step 4 Adopt Bylaws and a Conflict of Interest Policy
Step 5: Submit your Articles of Incorporation.
Step 6: Obtain an EIN
Step 7: Apply for 501(c)(3) status (3)
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It is simple to establish a 501(c)(3) non-profit organisation in Georgia.
To establish a 501(c)(3) tax-exempt nonprofit in Georgia, you must first establish a nonprofit organisation in Georgia in accordance with state regulations, and then apply to the IRS for 501(c)(3) status.
Step 1: Give Your Georgia Nonprofit a Name
The first and most crucial step in establishing your nonprofit company is deciding on a name. Make sure your name meets Georgia naming regulations and is readily searchable by prospective members and contributors.
1. Follow the naming conventions:
Your organization’s name must contain the terms “corporation,” “incorporated,” “company,” “limited,” or an abbreviation of one of those phrases.
The name must be less than 80 characters long.
If your organization’s name contains the terms “bank” or “banking,” you must first get formal permission from the Department of Banking and Finance.
If your organization’s name contains terms like “insurance,” “fidelity,” or “assurance,” you must first get formal permission from the Office of Insurance and Safety Fire Commissioner.
The exact regulations for naming a Georgia-based organisation may be found in the Secretary of State’s official guidelines.
2. Is the name available in Georgia? Check the State of Georgia website to see whether the name you want is available.
3. Is the URL available? We suggest that you check to see whether your company name is available as a web domain. Even if you don’t intend to create a business website right away, you may wish to purchase the URL to prevent others from gaining it.
Step 2: Select a Georgia Registered Agent.
A Georgia registered agent must be designated by your charity.
What is a Registered Agent? A registered agent is a person or business organisation that receives vital legal papers on behalf of your company and serves as your company’s point of contact with the state.
A registered agent must be a Georgia person or a corporation, such as a registered agent service, allowed to do business in Georgia. You may choose an individual inside your firm, including yourself.
Step 3: Choose your Directors and Officers
The directors of an organisation get together to create a board of directors, which is in charge of managing the nonprofit’s activities.
Officers are the president, secretary, and other members of a nonprofit who have specific roles and authority.
In Georgia, your nonprofit’s organisational structure MUST comprise at least three directors who are not connected to one another.
Step 4 Adopt Bylaws and a Conflict of Interest Policy
Your organisation must have the following two papers in order to apply for 501(c)(3) status:
Bylaws
Policy regarding conflicts of interest
What are bylaws? Bylaws are the regulations that outline the nonprofit’s operational processes.
What is a Conflict of Interest Policy? A Conflict of Interest Policy is a set of guidelines that ensures that any decisions made by the board of directors or executives benefit the organisation rather than individual members.
Step 5: Complete and submit the Georgia Articles of Incorporation & Transmittal Form.
You must submit the Articles of Incorporation and a Transmittal Information Form with the State of Georgia to register your nonprofit.
To guarantee that your organisation is qualified to qualify for 501(c)(3) status, you must expressly declare the following in the Articles of Incorporation:
1. Function:
To be eligible for 501(c)(3) status, the organization’s purpose must be expressly confined to one or more of the following:
Charitable, religious, scientific, educational, literary, fostering national/international amateur sports competition, animal/child abuse prevention, public safety testing
2. Decomposition:
You must indicate exactly what the organization’s assets will be used for and what will happen to the assets if the organisation is disbanded.
To be qualified for 501(c)(3) status, your organization’s assets must only be utilised for purposes authorised by Section 501(c) (3).
Section 5 of this sample IRS filing offers an illustration of these 501(c)(3) eligibility conditions.
Step 6: Obtain an EIN
What is an EIN? An Employer Identification Number (EIN), also known as a Federal Tax Identification Number (FTIN), is a number used by the federal government to identify a corporate organisation; it is effectively the company’s social security number.
Why do I need an EIN? You need an EIN for the following reasons:
To establish a commercial bank account for the firm
In terms of federal and state taxation
To recruit workers for the firm
How can I receive an EIN? An EIN is obtained from the IRS (free of charge) by the business owner after incorporating the company, which may be done online or by mail. For more information, see our EIN Lookup guide.
Step 7: Obtain 501(c)(3) status.
Before applying for 501(c)(3) status, a charity must,
Choose at least three directors who are not linked to one another.
File the Articles of Incorporation with the necessary requirements (As covered in Step 5)
Adopt the bylaws as well as the conflict of interest policy.
Do you have an EIN?
Once these four qualifications have been completed, your organisation may file Form-1023 online to petition for 501(c)(3) tax-exempt status.
If your application is granted, the IRS will issue you a letter confirming that your organisation is tax-exempt under Section 501(c) (3).