Making it Official: Starting a Non-profit

 

Starting a Non-Profit Organization in Virginia


  1. Name Your Organization

  • Legal name of your nonprofit corporation can not conflict with any other recognized organization within the state

  • Naming must comply with Code of Virginia 13.1-829

  1. Recruit Incorporators and Initial Directors

  • Incorporator signs Articles of Incorporation

  • Identify three unrelated individuals to appoint as initial directors

    • no residency or membership requirement

    • Term: 1 year

    • Quorum: Majority

  • Virginia officer requirements

    • one officer prepares minutes of the directors' and members' meetings

    • authenticates records

    • two or more offices may be held by the same individual

  1. Appoint a Registered Agent

  • must be physically located in the state and maintain an office open during regular business hours

  • receives legal notices on behalf of your organization

  1. Prepare and File Articles of Incorporation

  • officially marks the creation of your organization; documenting when and where formation occurred

  • File with Virginia State Corporation Commission

    • Form: Articles of Incorporation of a Virginia Nonstock Corporation

    • $50 carter fee plus $25 filing fee

    • Turnaround is seven days by mail, three to seven days by online.

      • Expedited options are available for a fee

  1. File Initial Report

  • After filing articles of incorporation, you must file an initial report

  1. Obtain an Employer Identification Number (EIN)

  • Used by the IRS to identify your nonprofit

  • This is required even if you do not plan to hire employees

  • File with Internal Revenue Service (IRS)

    • complete IRS form SS-4

    • no fee

    • Can be filed Immediately online or by phone. 4 business days by fax, 4-5 weeks by mail

  1. Store Nonprofit Records

  • Organization of official documents will prevent future issues

  • required records include: EIN letter, bylaws, meeting minutes, 501(c)(3) determination letter

  1. Establish Initial Governing Documents and Policies

  • Review and ratify bylaws during your first Board of Directors meeting

    • these serve as your organizations operating manual

  • Create and adopt a conflict of interest policy

  1. Hold Organizational Meeting of the Board of Directors

  • initial organizational meeting

    • approve bylaws

    • adopt conflict of interest policy

    • elect directors

    • appoint officers

    • approve resolutions (such as opening organization bank account)

    • record decisions in the meeting minutes

  1. Get Virginia State Tax Identification Numbers/Accounts

  • Complete Form R-1: Virginia Department of Taxation Business Registration Form

  • Submit to Virginia Department of Taxation

  • Can be filed through mail or online

  • no fee

  1. Apply for 501(c)

  • Regulates nonprofit organizations

  • Determine eligibility requirements for nonprofits

    • apply using Form 1023 or Form 1023-EZ if you qualify as a 501(c)(3)

    • 501(c)(4) and 501(c)(6) apply using Form 1024

  • Once reviewed and approved, the IRS will return a Determination Letter officially recognizing your exemption

  • Filing method is by mail only, with a turnaround for 1023-EZ less than one month, while a turnaround for 1023 is between three and six months

  • There is a $275 fee for organization filing For 1023-EZ and $600 for organization filing Form 1023

  1. Apply for State Tax Exemption(s)

  • When your IRS Determination Letter is received, your organization will automatically be exempt from Virginia corporation income tax, so no further action is required

  1. Register for Charitable Solicitation (Fundraising)

  • Complete Virginia Charitable Organization Registration with the Virginia Office of Charitable and Regulatory Programs (OCRP)

  • A registered special agency is required

  • Mail Form OCRP-102: Registration Statement for a Charitable Organizational

    • There is a $100 initial registration fee and a $30-325 annual fee depending on gross contributions

    • CFO and President must sign

    • Some Virginia counties may require additional registration to solicit in-person

  1. Obtain Other Business Licenses and Permits

  • If engaging in wildlife related activities, you must register with the U.S. Fish and Wildlife Service and receive a permit


Harbor Compliance. (2022, June 30). How to Start a Nonprofit Organization in Virginia. Accessed 8/12/22 from https://www.harborcompliance.com/information/how-to-start-a-non-profit-organization-in-virginia

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