Authors: Anthony Mancuso
ISBN-13: 9781413310276, ISBN-10: 1413310273
Format: Other Format
Publisher: NOLO
Date Published: June 2009
Edition: CD-ROM Included
Anthony Mancuso is a corporations and limited liability company expert. He graduated from Hastings College of Law in San Francisco, is a member of the California State Bar, writes books and software in the fields of corporate and LLC law, and studies advanced business taxation at Golden Gate University in San Francisco. He has also been a consultant for Silicon Valley EDA (Electronic Design Automation) companies, most recently working on a C++ open-source integrated circuit database project team. He is the author of several Nolo books on forming and operating corporations (both profit and nonprofit) and limited liability companies. His titles include Incorporate Your Business, How to Form a Nonprofit Corporation (national and California editions), Form Your Own Limited Liability Company, The Corporate Records Handbook, and LLC or Corporation?. He wrote and programmed Nolo's LLC Maker and Incorporator Pro software programs, which generate state-by-state articles and other forms for organizing corporations and LLCs. His books and software have shown over a quarter of a million businesses and organizations how to form a corporation or LLC. He also is a licensed helicopter pilot and has performed for years as a guitarist in many musical idioms.
The forms and information you need you need to give back to the community!
Thousands of arts groups, educators, social-service agencies and others have used How to Form a Nonprofit Corporation in California to organize. It's so easy to use, anyone can do it!
With a nonprofit corporation, you gain recognition, save money, become eligible for grants, and protect your members and directors from liability. And you can do all this without an attorney.
The 14th edition is completely updated to provide the latest rules and forms, which are included as tear-outs and on CD-ROM.
A useful resource to help you get underway.
Introduction | ||
Chapter 1 | Is Nonprofit Incorporation Right for You? | |
A. | Is Your Group a Nonprofit That Can Use This Book? | 2 |
B. | Benefits of the Nonprofit Corporation | 5 |
C. | The Disadvantages of Going Nonprofit | 10 |
D. | How Nonprofits Raise, Spend, and Make Money | 13 |
E. | Your Path to Nonprofit Status | 15 |
F. | Incorporating in Another State--Don't Fall for it | 16 |
Chapter 2 | Legal Rights and Duties of Incorporators, Directors, Officers, Employees, and Members | |
A. | Incorporators and Their Role as Promoters | 4 |
B. | Directors | 5 |
C. | Officers | 20 |
D. | Employees | 22 |
E. | Membership Nonprofits | 23 |
Chapter 3 | Requirements for Section 501(c)(3) Tax Exemption | |
A. | Section 501(C)(3) Organizational Test | 2 |
B. | Valid Purposes Under Section 501(C)(3) | 3 |
C. | Other Requirements for 501(C)(3) Groups | 10 |
D. | Information for Specific Questions About Your Group's Activities | 18 |
Chapter 4 | Public Charities and Private Foundations | |
A. | The Importance of Public Charity Status | 2 |
B. | How to Qualify for Public Charity Status | 3 |
C. | Private Foundations | 18 |
Chapter 5 | Other Benefits and Requirements | |
A. | Federal and State Tax Deductions for Contributions | 2 |
B. | Federal Estate and Gift Tax Exemptions | 4 |
C. | Federal Unrelated Business Income Tax | 5 |
D. | California Unrelated Business Income Tax | 6 |
E. | California Nonprofit Tax Exemption | 7 |
F. | California Attorney General Reporting Requirements | 8 |
G. | California Welfare Exemption | 8 |
H. | Other California Tax Exemptions | 16 |
I. | State Solicitation Laws and Requirements | 17 |
Chapter 6 | Choose a Name and File Your Articles of Incorporation | |
A. | Choose a Corporate Name | 3 |
B. | Practical Suggestions for Selecting a Name | 6 |
C. | Check Name Availability | 9 |
D. | Reserve Your Corporate Name | 11 |
E. | Perform Your Own Name Search | 12 |
F. | Prepare Articles of Incorporation | 16 |
G. | File Your Articles | 29 |
Chapter 7 | Bylaws | |
A. | Choose a Membership or Nonmembership Structure | 2 |
B. | Bylaws for a Public Benefit Nonprofit Corporation | 3 |
C. | Membership Bylaw Provisions for a Public Benefit Corporation | 13 |
D. | Bylaws for a Religious Corporation | 20 |
E. | Membership Bylaw Provisions for a Religious Corporation | 30 |
Chapter 8 | Prepare Your State Tax Exemption | |
A. | The State Tax Exemption Application: Form FTB 3500 | 2 |
B. | Instructions for Completing Form 3500 | 5 |
C. | Sign and Mail Your Exemption Application | 18 |
Chapter 9 | Apply for Your Federal 501(c)(3) Tax Exemption | |
A. | Getting Started | 2 |
B. | Do You Need to File Form 1023? | 7 |
C. | Prepare Your Tax Exemption Application | 7 |
D. | Form 872-C | 34 |
E. | User Fee Form 8718 | 34 |
F. | Sign and Mail Your Application to the Irs | 35 |
G. | What to Expect from the Irs | 36 |
H. | The Federal Determination Letter | 36 |
Chapter 10 | Final Steps in Organizing Your Nonprofit | |
A. | Mail Irs Letter to Franchise Tax Board | 2 |
B. | Set Up a Corporate Records Book | 2 |
C. | Prepare Offer to Transfer Assets from an Existing Business or Organization to Your Nonprofit | 4 |
D. | Prepare Minutes of Your First Board of Directors' Meeting | 9 |
E. | Complying with Bulk Sales Law | 17 |
F. | Prepare a Bill of Sale for Assets | 18 |
G. | Prepare Assignments of Leases and Deeds | 21 |
H. | File Final Papers for the Prior Organization | 22 |
I. | Notify Others of Your Incorporation | 22 |
J. | Apply for a Federal Nonprofit Mailing Permit | 22 |
K. | Apply for Your Property Tax Exemption | 23 |
L. | File a Domestic Corporation Statement | 25 |
M. | File an Initial Report with the Attorney General | 25 |
N. | Issue Membership Certificates | 26 |
O. | File Your Articles with the County Recorder | 27 |
P. | Register with the Fair Political Practices Commission | 27 |
Chapter 11 | After Your Corporation Is Organized | |
A. | Piercing the Corporate Veil--if You Want to Be Treated Like a Corporation, It's Best to Act Like One | 2 |
B. | Federal Corporate Tax Returns | 3 |
C. | California Corporate Tax Returns and Reports | 6 |
D. | Federal and State Corporate Employment Taxes | 8 |
E. | Sales Tax Forms and Exemption from Sales Tax | 12 |
F. | Licenses and Permits | 13 |
G. | Workers' Compensation | 14 |
H. | Private Insurance Coverage | 14 |
I. | Dissolving a Nonprofit Corporation | 15 |
Chapter 12 | Lawyers, Legal Research, and Accountants | |
A. | Lawyers | 2 |
B. | Legal Research | 3 |
C. | Accountants and Tax Advice | 4 |
Appendix 1 | How to Use the CD-ROM | |
Appendix 2 | Forms and Publications on CD-ROM | |
Appendix 3 | Information and Tear-Out Forms | |
Index |