How to Form a Nonprofit Corporation in California with CDROM

by Anthony Mancuso

• ISBN13: 9780873375030
• ISBN10: 0873375033
• Edition: CD
• Format: Paperback
• Copyright: 1999-04-01
• Publisher: Nolo.Com

Summary

Thousands of arts groups, educators, social service agencies, medical programs, environmentalists and others have used this bestselling, hands-on book to incorporate. Your group can gain recognition, save money, become eligible for grants, protect its members and directors from liability, and even get better postage rates--all by forming a nonprofit corporation. And it can do it without an attorney. Book jacket.

Table of Contents

Introduction
Overview of the California Nonprofit Corporation
What is a Corporation?	p. 2
How Corporations Are Labeled	p. 2
Domestic and Foreign Corporations	p. 2
Business Corporations	p. 3
What Does It Mean to Be "Nonprofit"?	p. 3
The Nonprofit Corporation Law	p. 5
Types Of Nonprofit Corporations	p. 5
Public Benefit Corporations-- What Are They?	p. 5
Religious Corporations-- What Are They?	p. 6
Mutual Benefit Corporations-- What Are They?	p. 6
How To Obtain Nonprofit Corporate Status--An Overview	p. 7
Advantages Of The Nonprofit Corporation	p. 9
Tax Exemptions	p. 9
Limited Liability	p. 9
Perpetual Legal Existence	p. 10
Employee Benefits	p. 11
Formality	p. 11
Disadvantages Of The Nonprofit Corporation	p. 11
Paperwork	p. 11
Incorporation Costs and Fees	p. 12
Time and Energy	p. 12
Nonprofit Corporations and the California Corporation Law
Nonprofit Purposes	p. 2
Nonprofit Powers	p. 2
Corporate People--An Overview	p. 3
Incorporators	p. 4
Directors	p. 5
Officers	p. 15
Members	p. 16
Employees	p. 20
How Many People Must Organize a California Nonprofit Corporation?	p. 22
How Much Money Must You Start With?	p. 23
Dissolution of a Nonprofit Corporation	p. 24
Voluntary Dissolution	p. 24
Involuntary Dissolution	p. 24
Winding Up Corporate Business and Distribution of Assets	p. 25
Summing Up--More Questions?	p. 26
The Federal 501(c)(3) Nonprofit Income Tax Exemption
Special-Purpose Nonprofit Tax Exemptions	p. 2
501(c)(3) Nonprofit Tax Exemption	p. 2
501(c)(3) Tax-Exempt Purposes	p. 4
Charitable Purposes	p. 4
Religious Purposes	p. 7
Scientific Purposes	p. 9
Literary Purposes	p. 10
Educational Purposes	p. 11
Other Tax Exemption Requirements	p. 12
Insubstantial Unrelated Activities Requirement	p. 12
Limitation on Private Inurement (Profits and Benefits)	p. 13
Limitation on Political Activities	p. 13
501(c)(3) Public Charities and Private Foundations
The Importance of Public Charity Status	p. 2
Private Foundations--Background	p. 3
Private Foundation Rules	p. 3
Operating Restrictions	p. 3
Limitation on Deductibility of Contributions	p. 4
Special Types of Private Foundations	p. 4
Private Operating Foundations	p. 4
Private Non-Operating Foundations	p. 4
How to Qualify For 501(c)(3) Public Charity Status	p. 5
501(c)(3) Public Charities And Their Requirements	p. 6
Automatic Public Charity Status	p. 6
Publicly Supported Organizations	p. 7
The Support Test	p. 15
Summing Up	p. 20
Other Nonprofit Benefits and Requirements
Federal Tax Deductions for Contributions	p. 2
Federal Estate and Gift Tax Exemptions	p. 3
Federal Unrelated Business Income Tax	p. 4
Activities That Are Taxed	p. 4
Activities That Are Not Taxed	p. 4
California 23701(D) Nonprofit Tax Exemption	p. 5
Private Foundation vs. Public Charity Status Under California Law	p. 6
Deductibility of Contributions on California Tax Returns	p. 6
California Attorney General Reporting Requirements	p. 6
California Unrelated Business Income Tax	p. 7
Activities That Are Taxed	p. 7
Activities That Are Not Taxed	p. 7
California Welfare Exemption	p. 8
Welfare Exemption Requirements	p. 8
How To Apply	p. 9
Special Rules	p. 10
Leasing and the Welfare Exemption	p. 14
Other California Tax Exemptions	p. 16
Organizing a Nonprofit Corporation
Choose a Corporate Name	p. 2
The Importance of Your Corporate Name	p. 3
Secretary of State Name Requirements	p. 4
Practical Suggestions When Selecting a Name	p. 4
Check to See If Your Proposed Name Is Available	p. 7
Reserve Your Corporate Name	p. 8
Perform Your Own Name Search	p. 10
Prepare Articles of Incorporation	p. 12
Prepare Articles for a California Public Benefit Corporation	p. 13
Prepare Articles of Incorporation for a California Religious Corporation	p. 19
Prepare Articles for an Unincorporated Association	p. 23
File Articles Early (Optional)	p. 26
Prepare Bylaws	p. 27
Choose a Membership or Non-Membership Structure	p. 29
Prepare Basic Bylaws for a Public Benefit Nonprofit Corporation	p. 29
Prepare Membership Provisions for a Public Benefit Nonprofit Corporation (Optional)	p. 39
Prepare Basic Bylaws for a Religious Nonprofit Corporation	p. 45
Prepare Membership Provisions for a Religious Corporation (Optional)	p. 54
Prepare Your California Tax Exemption Application
Prepare State Tax Exemption Application	p. 2
First Things First	p. 2
Filling in the Blanks on Form FTB 3500	p. 3
Sign Your Exemption Application	p. 15
File Your Incorporation Papers
Consolidate Your Papers	p. 2
Make Copies of Documents	p. 2
Apply for Your State Tax Exemption and File Your Articles of Incorporation	p. 3
Apply for Your Federal 501(c)(3) Tax Exemption
Prepare and File Your Federal Tax Exemption Application	p. 2
Do You Need to Apply for Your 501(c)(3) Tax Exemption?	p. 5
Prepare User Fee Form 8718	p. 6
Prepare Your Tax Exemption Application	p. 7
Identification of Applicant	p. 7
Activities and Operational Information	p. 9
Technical Requirements	p. 18
Financial Data	p. 31
Mail Your Tax Exemption Application to the IRS	p. 33
What to Expect from the IRS	p. 33
Final Steps in Organizing Your Nonprofit Corporation
Mail IRS Letter to Franchise Tax Board	p. 2
Set Up a Corporate Records Book	p. 2
Prepare Offer to Transfer Assets (Existing Organizations--Optional)	p. 6
Prepare Minutes of First Board Meeting	p. 11
Place Minutes and Attachments in Corporate Records Book	p. 19
Comply with Bulk Sales Law (a Few Existing Organizations)	p. 20
Prepare Bill of Sale for Assets (Existing Organizations--Optional)	p. 21
Prepare Assignments of Leases and Deeds (Existing Organizations--Optional)	p. 23
File Final Papers for Prior Organization (Existing Organizations--Optional)	p. 24
Notify Creditors of Prior Organization (Existing Organizations)	p. 24
File Fictitious Business Name Statement (Optional)	p. 25
Apply for Nonprofit Mailing Permit (Optional)	p. 25
Apply for Property Tax Exemption (Optional)	p. 26
File Domestic Corporation Statement	p. 27
Register With Attorney General (Public Benefit Corporations)	p. 28
Issue Membership Certificates (Membership Corporations--Optional)	p. 29
File Articles With County Recorders (Certain Existing Unincorporated Associations)	p. 29
Register With Fair Political Practices Commission (Political Groups)	p. 29
After Your Corporation is Organized
Federal Corporate Tax Returns	p. 2
Annual Exempt Organization Returns for Public Charities	p. 2
Annual Exempt Organization Return for Private Foundations	p. 3
Annual Exempt Organization Unrelated Business Income Tax Return	p. 4
California Corporate Tax Returns and Reports	p. 5
Annual Exempt Organization Returns for Public Charities	p. 5
Annual Exempt Organization Return for Private Foundations	p. 5
Annual Exempt Organization Unrelated Business Income Tax Return and Quarterly Estimated Tax Payments	p. 5
Annual Periodic Report to Attorney General by Public Benefit Corporations	p. 6
Annual Corporate Report to Directors (and Members, If Any) of Public Benefit Corporations	p. 6
Federal and State Corporate Employment Taxes	p. 7
Federal Employment Taxes and Forms	p. 8
State Employment Taxes and Forms	p. 9
Employee Returns--A Short Note	p. 11
Sales Tax Forms and Exemption From Sales Tax	p. 11
Sales Tax	p. 11
Exemption from Collecting and Submitting Sales Tax	p. 11
Licenses and Permits	p. 12
Workers' Compensation	p. 13
Private Insurance Coverage	p. 13
Lawyers and Accountants
Lawyers	p. 2
Accountants	p. 3
Forms
Computer User Guide
10 Stock Certificates
Table of Contents provided by Syndetics. All Rights Reserved.