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What are the legal steps an individual or business in Georgia should take to start a nonprofit organization?

Picture of Chris Battis By   ·  1 minute read

To start a nonprofit organization in Georgia, individuals or businesses must take the following legal steps:

  1. Choose a name for the nonprofit organization: The name of the nonprofit organization must not already be in use by any other organization in Georgia. It must also comply with the requirements under the Georgia Business Code.
  2. Draft and file Articles of Incorporation with the Georgia Secretary of State: The Articles of Incorporation must be filed with the Secretary of State's Corporations Division. It must include the organization's name, purpose, registered agent and registered office, and board of directors among other key details.
  3. Obtain a Federal Tax ID Number from the IRS: The nonprofit organization needs to obtain a tax ID number to engage in any financial transactions, such as opening a bank account and applying for tax exemption status.
  4. Register with the Georgia Attorney General's Office: Nonprofit organizations must register with the Attorney General's Office Charitable Organizations Section within 30 days of the first donation received.
  5. File Form 1023 for recognition of tax-exempt status: To be eligible for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, the nonprofit organization must file Form 1023 with the IRS. The form requires detailed information about the organization, including its purpose, structure, and finances.
  6. Comply with Georgia state laws governing nonprofit organization operation: Nonprofit organizations in Georgia are subject to specific laws governing their operation, including restrictions on lobbying and political activities.

It is essential to note that the legal steps involved in starting a nonprofit organization may vary depending on the specific circumstances and the type of nonprofit organization. Additionally, depending on the specific purpose and activities of the nonprofit organization, there may be additional legal requirements.

As such, it is advisable to seek legal advice from a licensed attorney with experience in nonprofit organization law to ensure that all legal requirements are met and any potential limitations or exceptions are appropriately addressed.