What are the legal requirements for establishing a non-profit organization in New York?
To establish a non-profit organization in New York, you must meet the following requirements:
- Choose a name: Choose a name for your non-profit organization that is not already in use and meets the requirements of the New York State Department of State. The name must not mislead the public or be similar to any existing name that may cause confusion.
- File your Articles of Incorporation: To establish a non-profit, you must file your Articles of Incorporation with the New York State Department of State. The Articles of Incorporation typically include information on the purpose of the organization, its duration, the names and addresses of its initial directors, the type of non-profit (such as public benefit or religious), and a statement of dissolution.
- Draft Bylaws: Non-profit organizations must develop Bylaws, which serve as the organization's governing document. The Bylaws must include information on the organization's governance structure, the duties and responsibilities of its directors and officers, membership requirements, meeting requirements, and other important information.
- Obtain Tax Exemption Status: To become a tax-exempt organization, you must file Form 1023 or Form 1024 with the Internal Revenue Service (IRS). In New York, you must also register with the New York Attorney General’s Charities Bureau if you plan to solicit donations or engage in any charitable activities.
- Register for licenses and permits: Non-profit organizations may need to obtain licenses and permits to operate in New York. This includes permits to solicit donations, fundraising permits, and licenses to conduct certain types of activities.
It is important to note that the requirements for establishing a non-profit organization can vary based on the specifics of the organization and the jurisdiction in which it is being established. It is recommended that you seek the advice of a licensed attorney to ensure that you are meeting all requirements and complying with all applicable laws and regulations.