The moment where a nonprofit goes from being an idea to a fully-formed organization is a big one! Between recruiting board members and writing bylaws, things can start to feel very real very fast. But the most important final step in making your nonprofit status official is writing your articles of incorporation. If the idea of incorporating feels a little intimidating to you, have no fear! Writing this legal document (and getting it approved) is much easier than you might think. All you need is to understand how it’s done. Here are all of the components of nonprofit articles of incorporation, a step-by-step guide on writing them and a free nonprofit articles of incorporation template.
Creating your articles of incorporation is a rite of passage when it comes to starting a nonprofit . It means you’re really making this dream come true!
Looking for some guidance on writing this legal document? Check out our free articles of incorporation nonprofit template! Measure this template against your specific state’s guidelines and then you should be good to go.
Download it here:
When you’re preparing to write your articles of incorporation, there are a few key things to have at the ready:
Reserving your organization’s name is a must-do! The first step is making sure the name is actually available in your state. To find out, go to your Secretary of State Office website and do a quick business name search.
If you aren’t quite ready with your articles but want to reserve your name before it’s snatched up, most states let you file a name reservation. Just be sure to get on top of things nice and early.
On the creative front, choose a name that is memorable and relevant to your cause. Many things can be amended, but it’s best to stick with the name you start with if at all possible.
Be sure that you know (and know how to verbalize) the purpose of your organization. Who is it helping, and how? Your mission, vision and values statement will be a great guide to defining your purpose to other people. Being clear and concise is the way to go!
Your articles of incorporation should also include where your nonprofit is located. If you do not have any specific office, you still need an address. Choose a place where you can receive mail and store financial and other essential documents. Do your best to pick somewhere stable so you don’t have to make frequent amendments.
On the other hand, if you have a different mailing address and nonprofit address, be sure to note both and what they are for!
Before you incorporate, you need to have your board of directors built out. This includes nonprofit board responsibilities and titles, as well as the names of the members themselves. Your board should be there for you during every major step of incorporation and beyond!
Nonprofit bylaws are sometimes confused for articles of incorporation, but they each serve a different purpose! Where your articles of incorporation are your birth certificate, think of your bylaws as the operating manual for your organization. The articles establish your existence, and the bylaws guide you on how to run.
How you file Articles of Incorporation is dependent on the state your nonprofit is based in. The Secretary of State will oversee all corporations, so their state websites are your go-to place for templates, guidelines and instructions.
Here are a few examples of how things are different:
As you can see, the state you are in definitely changes what you might need to include in your articles of incorporation. Be sure to do the research!
Writing nonprofit articles of Incorporation might feel intimidating, but it’s actually much simpler than you think!
Here’s how to complete the process in 7 simple steps:
Before you write your articles of incorporation, it’s important to make sure that you have all your basics prepared.
As mentioned above, this includes things like your organization’s:
If all of these elements are prepared in advance, this process will be much easier for you.
Every nonprofit is founded around a mission. Your mission, vision and values are what defines the purpose of your organization—it’s why you put the work in each and every day.
This might feel like a very big thing to explain! After all, you have a lot of dreams and ambitions for your organization. But when writing your nonprofit articles incorporation, try to distill this purpose into something that is super clear and concise.
If you can state your purpose in one sentence, you’re on the right track.
You don’t HAVE to aim for 501(c)(3) status, but it’ll certainly benefit you in the long run! This is because getting this legal status gives you special tax exemptions for being a non-profit.
In order to get 501(c)(3) status, you need to follow a set of IRS guidelines . These include things like promising not to engage in prohibited political activities, and making sure that if your non-profit dissolves, all remaining assets will be distributed correctly.
As you saw above, the based requirements for your articles of incorporation really depend on your state! Be sure to go on to your State’s website and understand these specific rules that are in place for meeting those requirements.
If you’re feeling worried that you might’ve missed something, consider reaching out to a similar nonprofit to ask what their experience was. Remember, other nonprofits are not your competitors—they’re allies in the same cause!
Templates, templates, templates! Finding the right template can make all the difference in relieving stress when it comes to writing your articles of incorporation. Feel free to search around Google—but we do have a free template above that covers all possible details.
Have your board of directors review your draft and give it final approval at your next nonprofit board meeting . Schedule time to discuss your articles of incorporation and make sure you have not missed anything essential.
Once all of these steps are completed, all that’s left is to submit your articles of incorporation to your Secretary of State! They should typically have them approved within 3-4 weeks, and then you will officially be a registered nonprofit organization.
Things change over time, and it is likely that you will eventually end up amending your articles of incorporation. To avoid stress when that happens, set up an amendment procedure in both your bylaws and the draft of your articles of incorporation.
Determine what the steps would be to make an amendment. Would you want a majority vote to make an amendment? Would you want it to be unanimous?
Make sure your guidelines recognize the gravity of making a change, but are not so difficult to do that you end up stuck. Amending your Articles of Incorporation should remove stress not at it!
Now that you know what to prepare and why articles of incorporation are so important, let’s review some of the elements you could include. The minimum requirements are different depending on your location, but these components are pretty much everything you’d see come up!
Want to take a look at sample nonprofit articles of incorporation? This example from the Pennsylvania Department of State is a great guide! Not only has it broken down each element into boxes, it also comes with instructions at the very end to avoid confusion.
While articles of incorporation will vary depending on the state you are in, this is a great example of how they might be structured.
Here are a few frequently asked questions about nonprofit articles of incorporation:
Articles of incorporation are public record , and can typically be obtained by the Secretary of State either online or by mail.
Yes, if your nonprofit’s name changes, you do have to make an amendment to your articles of incorporation! This is a good reason to pick a name that you want to stick with from the beginning.
The agent of process is the person who will receive all of the official materials during the articles of incorporation. Think of them as your go-to person when it comes to communicating with your secretary of state.
Nonprofit bylaws are the operating manual for your organization. They set out all of the rules and regulations to help you navigate situations that may arise in the future with your organization.
Articles of incorporation are the legal documents that establish your organization as legitimate and give you tax exempt status. Should there be any disagreement between these two legal documents, the articles of incorporation have the final say.
Depending on the state you’re in, incorporating your nonprofit can cost anywhere between $50 and $200. Trying to figure out worthwhile expenses when you’re starting a nonprofit organization with no money can be confusing, but this is one thing definitely worth paying for!
Filing your nonprofit articles of incorporation might seem like nothing but paperwork, but it really is a special step. When you incorporate, you’re giving your organization the credibility it needs to really thrive in the nonprofit world.
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