Does a non-profit need to be incorporated?

Reply Mon 16 Mar, 2009 07:31 am
I'm part of an organization going for 501 (c) 3 (non-profit) status. I've refused to be in charge because I know it's an enormous headache, and the organization is paying someone else to do it. The president of the organization has asked me to look over what the person we've hired has been doing.

I've been involved with this before but I just don't remember details. In the bylaws he's revised for the application for 501 (c) 3 status, he keeps calling us a "corporation." I can't remember how that works and a quick Google search isn't helping me.

1.) Are you automatically a corporation if you get 501 (c) 3 nonprofit status? (I don't think so).

2.) Do you need to file articles of incorporation TO become a 501 (c) 3? Or can you become a non-profit without being incorporated?

I think I was part of an organization that was a non-profit but not incorporated -- by the way, if incorporation is not required but recommended, that's fine. The main thing I'm concerned about is that I think it is required, and is more money on top of the 501 (c) 3 filing, which I don't think the board knows about and I'd want to tell them.

View best answer, chosen by sozobe
Reply Mon 16 Mar, 2009 08:13 am
Info I found indicates it is not required.


File articles of incorporation. Not all nonprofits are incorporated. For those that do wish to incorporate, the requirements for forming and operating a nonprofit corporation are governed by state law. Resources: Your secretary of state or state attorney general's office.

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Reply Mon 16 Mar, 2009 08:23 am
"For the Internal Revenue Service (the IRS) to recognize an organization's exemption, the organization must be organized as a trust, a corporation, or an association."


Also, check here if you're looking to form a non-profit in Ohio.
Reply Mon 16 Mar, 2009 08:28 am
Thanks, DrewDad and Joe!

That's a beautiful link, Joe (the forming a non-profit in Ohio one), thanks so much.
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