The Nonprofit Incorporation Form serves as the foundational document for creating a nonprofit organization in the United States. It's required when establishing a nonprofit corporation and typically precedes the application for federal tax-exempt status. The document outlines the organization's charitable purpose, governance structure, and operational framework, ensuring compliance with both state corporation laws and IRS regulations. Organizations must file this form with their state's Secretary of State or similar authority, and its contents form the basis for subsequent IRS Form 1023 filing for tax-exempt status.
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1. Article I: Name and Purpose: Legal name of the nonprofit and its charitable/nonprofit purpose statement
2. Article II: Principal Office: Physical address and registered agent information for the nonprofit
3. Article III: Board of Directors: Structure, powers, and responsibilities of the board, including number of directors, terms, and decision-making process
4. Article IV: Membership: Definition of membership structure, whether the organization has members and their rights
5. Article V: Officers: Required officers, their duties, selection process, and terms of service
1. Article VI: Committees: Structure and governance of committees, used when organization plans to have standing committees
2. Article VII: Conflict of Interest: Policies and procedures for identifying and handling conflicts of interest within the organization
3. Article VIII: Indemnification: Provisions for protecting directors, officers, and agents from personal liability
4. Article IX: Dissolution: Procedures for dissolving the organization and distributing assets
1. Schedule A: Bylaws: Detailed operational rules and procedures of the organization
2. Schedule B: Initial Board of Directors: List of initial board members with their contact information and qualifications
3. Schedule C: Conflict of Interest Policy: Detailed policy document outlining procedures for handling conflicts of interest
4. Schedule D: Statement of Tax-Exempt Purpose: Detailed description of charitable/educational purpose for IRS compliance
5. Schedule E: Initial Officers: List of initial officers with their roles and contact information
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