Follow these procedures to establish a charity in South Dakota and get 501(c)(3) status:

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The first and most crucial step in establishing your nonprofit company is deciding on a name. Make sure your name meets South Dakota naming regulations and is readily searchable by prospective members and contributors.

1. Follow the naming conventions:

2. Does the name exist in South Dakota? Check the Secretary of State’s website for a Business Information Search to ensure that the name you choose isn’t already in use.

3. Is the URL accessible? We propose that you investigate if your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.

Your charity is needed to choose a registered agent in South Dakota.

What exactly is a Registered Agent? A registered agent is a person or corporate organisation that accepts vital legal papers on your behalf. Consider your registered agent to be your company’s point of contact with the state.

Who is eligible to be a Registered Agent? A registered agent must be a South Dakota person or a firm, such as a registered agent service, that is permitted to do business in Texas. You may choose someone from your organisation, even yourself.

A board of directors is made up of an organization’s directors. This board of directors 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.

Your South Dakota nonprofit’s organisational structure MUST include:

Your organisation must have the following two papers in order to apply for 501(c)(3) status:

What is the definition of a Conflict of Interest Policy? A Conflict of Interest Policy is a set of guidelines put in place to guarantee that any decisions made by the board of directors or officials benefit the organisation rather than individual members.

NOTE: The nonprofit must adopt its bylaws and conflict of interest policy during its first organisational meeting, when the directors and officers are formally selected.

You must submit Articles of Incorporation – Domestic Organization Corporation with the State of South Dakota to register your nonprofit.

Step 1 of 2
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You must send your Articles of Incorporation since there is no online filing option at this time.

Article IA: Goal

Describe the mission of your non-profit organisation.

Your organization’s purpose must be restricted to one or more of the following in order to be qualified for 501(c)(3) status:

Anyone you name as the registered agent must have already agreed to serve as the registered agent for your organisation. You are not required to provide documentation of this permission with your articles of incorporation.

Provide information about the registered agency you choose in Step 2.

Article VII: Directors You must identify at least three directors and give a street address for each.

Fill in the details for the directors you choose in Step 3.

To be qualified for 501(c)(3) status, you must persuade the IRS that the organization’s assets will be utilised only for the purposes permitted under 501(c)(3) guidelines. To that end, you must incorporate measures that ensure that if your organisation is dissolved, its assets be utilised for tax-exempt purposes.

Section 5 of this sample document illustrates the requirements necessary for 501(c)(3) status.

Send two copies of the Articles of Incorporation (one original and one copy) to:

500 E Capitol Ave, Pierre, SD 57501 Secretary of State Office

What exactly is an EIN? The Employer Identification Number (EIN), also known as the Federal Tax Identification Number (FTIN), is used to identify a commercial organisation, such as your nonprofit company. It is basically your company’s social security number.

Why do I need an EIN? An EIN is necessary for the following activities:

If your application is granted, the IRS will issue you a letter confirming that your organisation is tax-exempt under Section 501(c) (3).

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