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How to Form a Nonprofit Corporation in California » (CD-ROM Included)

Book cover image of How to Form a Nonprofit Corporation in California by Anthony Mancuso

Authors: Anthony Mancuso
ISBN-13: 9781413310276, ISBN-10: 1413310273
Format: Other Format
Publisher: NOLO
Date Published: June 2009
Edition: CD-ROM Included

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Author Biography: Anthony Mancuso

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.

Book Synopsis

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.

Entrepreneur

A useful resource to help you get underway.

Table of Contents

Introduction
Chapter 1Is Nonprofit Incorporation Right for You?
A.Is Your Group a Nonprofit That Can Use This Book?2
B.Benefits of the Nonprofit Corporation5
C.The Disadvantages of Going Nonprofit10
D.How Nonprofits Raise, Spend, and Make Money13
E.Your Path to Nonprofit Status15
F.Incorporating in Another State--Don't Fall for it16
Chapter 2Legal Rights and Duties of Incorporators, Directors, Officers, Employees, and Members
A.Incorporators and Their Role as Promoters4
B.Directors5
C.Officers20
D.Employees22
E.Membership Nonprofits23
Chapter 3Requirements for Section 501(c)(3) Tax Exemption
A.Section 501(C)(3) Organizational Test2
B.Valid Purposes Under Section 501(C)(3)3
C.Other Requirements for 501(C)(3) Groups10
D.Information for Specific Questions About Your Group's Activities18
Chapter 4Public Charities and Private Foundations
A.The Importance of Public Charity Status2
B.How to Qualify for Public Charity Status3
C.Private Foundations18
Chapter 5Other Benefits and Requirements
A.Federal and State Tax Deductions for Contributions2
B.Federal Estate and Gift Tax Exemptions4
C.Federal Unrelated Business Income Tax5
D.California Unrelated Business Income Tax6
E.California Nonprofit Tax Exemption7
F.California Attorney General Reporting Requirements8
G.California Welfare Exemption8
H.Other California Tax Exemptions16
I.State Solicitation Laws and Requirements17
Chapter 6Choose a Name and File Your Articles of Incorporation
A.Choose a Corporate Name3
B.Practical Suggestions for Selecting a Name6
C.Check Name Availability9
D.Reserve Your Corporate Name11
E.Perform Your Own Name Search12
F.Prepare Articles of Incorporation16
G.File Your Articles29
Chapter 7Bylaws
A.Choose a Membership or Nonmembership Structure2
B.Bylaws for a Public Benefit Nonprofit Corporation3
C.Membership Bylaw Provisions for a Public Benefit Corporation13
D.Bylaws for a Religious Corporation20
E.Membership Bylaw Provisions for a Religious Corporation30
Chapter 8Prepare Your State Tax Exemption
A.The State Tax Exemption Application: Form FTB 35002
B.Instructions for Completing Form 35005
C.Sign and Mail Your Exemption Application18
Chapter 9Apply for Your Federal 501(c)(3) Tax Exemption
A.Getting Started2
B.Do You Need to File Form 1023?7
C.Prepare Your Tax Exemption Application7
D.Form 872-C34
E.User Fee Form 871834
F.Sign and Mail Your Application to the Irs35
G.What to Expect from the Irs36
H.The Federal Determination Letter36
Chapter 10Final Steps in Organizing Your Nonprofit
A.Mail Irs Letter to Franchise Tax Board2
B.Set Up a Corporate Records Book2
C.Prepare Offer to Transfer Assets from an Existing Business or Organization to Your Nonprofit4
D.Prepare Minutes of Your First Board of Directors' Meeting9
E.Complying with Bulk Sales Law17
F.Prepare a Bill of Sale for Assets18
G.Prepare Assignments of Leases and Deeds21
H.File Final Papers for the Prior Organization22
I.Notify Others of Your Incorporation22
J.Apply for a Federal Nonprofit Mailing Permit22
K.Apply for Your Property Tax Exemption23
L.File a Domestic Corporation Statement25
M.File an Initial Report with the Attorney General25
N.Issue Membership Certificates26
O.File Your Articles with the County Recorder27
P.Register with the Fair Political Practices Commission27
Chapter 11After Your Corporation Is Organized
A.Piercing the Corporate Veil--if You Want to Be Treated Like a Corporation, It's Best to Act Like One2
B.Federal Corporate Tax Returns3
C.California Corporate Tax Returns and Reports6
D.Federal and State Corporate Employment Taxes8
E.Sales Tax Forms and Exemption from Sales Tax12
F.Licenses and Permits13
G.Workers' Compensation14
H.Private Insurance Coverage14
I.Dissolving a Nonprofit Corporation15
Chapter 12Lawyers, Legal Research, and Accountants
A.Lawyers2
B.Legal Research3
C.Accountants and Tax Advice4
Appendix 1How to Use the CD-ROM
Appendix 2Forms and Publications on CD-ROM
Appendix 3Information and Tear-Out Forms
Index

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