HOW TO FORM A NONPROFIT IN GEORGIA ONLINE
What is a Georgia Nonprofit Corporation?
explain
A Georgia Nonprofit Corporation is sometimes called a Georgia Not-For-Profit Corporation.
A Georgia Nonprofit Corporation is an organization that is legally registered with the Georgia Secretary of State.
While the federal government must approve the tax-exempt status of a Georgia Nonprofit Corporation,
a Georgia Nonprofit Corporation is not initially registered with any US government agency.
A Georgia Nonprofit Corporation is an organization that works to serve some kind of public interest
rather than to provide financial benefit to any particular individuals or entities.
Many Georgia Nonprofit Corporations have much in common with Georgia For-profit Corporations.
This includes the liability protection that comes with a legally registered Georgia Nonprofit Corporation.
A lot of Georgia Nonprofit Corporations hire managers and employees just like a Georgia For-profit Corporation does.
The application process for a Georgia Nonprofit Corporation is very similar to that of
a Georgia For-Profit Corporation.
Contrary to popular belief, Georgia Nonprofit Corporations can and do make money.
In a Georgia Nonprofit Corporation, any profits must legally go directly back into the Georgia Nonprofit Corporation.
Do I need a lawyer to Form a Georgia Nonprofit Corporation?
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The short answer is no. The state of Georgia does not legally require a lawyer to form a Georgia Nonprofit Corporation.
However, if there is anything about forming a Georgia Nonprofit Corporation that you're not sure about you
should seek the advice of a competent Georgia lawyer, a Georgia accountant, or both BEFORE you Incorporate.
Once you have made the decision to Form a Georgia Nonprofit Corporation, a lawyer can file your documents and act as a middle man for a few hundred
dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you
can use in your new Georgia Nonprofit Corporation.
What are the most common types of Georgia Nonprofit Corporations?
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A Georgia Nonprofit Corporation is formed to provide some kind of public or community benefit.
Unlike the other types of Georgia Corporations and LLCs, a Georgia Nonprofit Corporation
may be eligible
for certain benefits, including tax exemptions on both the state and federal levels.
Depending on the nature of the organization, some Georgia Nonprofit Corporations may not be eligible for tax exempt status.
A Georgia Nonprofit Corporation may also be eligible for public and private grants.
A Georgia Nonprofit Corporation is formed in a similar way as that of forming a Georgia For-profit Corporation.
Georgia Nonprofits must file Articles of Incorporation in the same way that Georgia For-profit Corporations do.
A Georgia Nonprofit Corporation comes with the same liability protection as the other types of Georgia Corporations.
The main difference between a Georgia Nonprofit Corporation and a Georgia For-profit Corporation is how
the profits of the Georgia Corporation are distributed,
In a Georgia For-profit Corporation profits can be distributed to shareholders.
Georgia Nonprofits are legally required to use the income to further a goal that benefits the community or some part of the public.
The most common types of Georgia Nonprofit Corporations are:
- Georgia Public-benefit Nonprofit Corporations
Organized for the general public benefit, rather than for the interest of its members or shareholders
Formed primarily for social, educational, recreational or charitable purposes
Examples are food banks and youth sports organizations
- Georgia Religious Corporation
Organized to promote religious purposes
Subject to less complicated filing and reporting requirements than other types of Corporations
May be exempt from regulations governing non-religious groups performing the same services
- Georgia Mutual-benefit Nonprofit Corporation
Serves its members in ways other than just distributing profits to them
Cannot obtain IRS tax-exempt status as a charitable organization
Pays the same taxes as For-profit Corporations
Examples are homeowners associations or a public utility companies
While most federal tax exempt organizations are Nonprofit Corporations, registering a Georgia Nonprofit Corporation
does not automatically qualify the Georgia Nonprofit for tax exempt status at the federal level.
The IRS recognizes various types of tax exempt Nonprofit Corporations.
To receive federal tax exempt status a Georgia Nonprofit Corporation must file forms with the Internal Revenue Service.
The forms can get very complex depending on the nature of the Nonprofit.
Also, a Georgia Nonprofit Corporation cannot legally use its resources for propaganda or to further a political cause
or to support a candidate for public office.
What is the difference between a Georgia Nonprofit Corporation and a Georgia Benefit Corporation?
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One of the major responsibilities of a Georgia For-profit Corporation is to increase shareholder value.
For most Georgia Corporations the pursuit of shareholder value is done without regard for specific benefits to the public.
The only benefits that matter are those that benefit the shareholders, who are the owners of the Georgia Corporation.
Georgia For-profit Corporations often face pressure to abandon social goals in order to increase their bottom line.
Georgia Nonprofit Corporations are formed to provide some kind of public benefit but may be restricted in their ability to raise capital
when they need to grow.
The state of Georgia has created a new kind of For-profit Corporation which has a legal responsibility to include some
kind of public benefit in their Corporate operating requirements.
A Georgia Corporation of this kind is called a Georgia Benefit Corporation or a Georgia B Corporation.
Benefit Corporations are a hybrid between a For-profit and nonprofit Corporation.
Operating capital is easier to raise for a Georgia Benefit Corporation and the Georgia Benefit Corporation is
required to provide some kind of public benefit.
Benefit Corporations do not have any special tax breaks or benefits.
Benefit Corporations are taxed just like any other Georgia Corporation is taxed.
To qualify as a Georgia Benefit Corporation, a Corporation must have an explicit social or environmental mission, and a legally binding
fiduciary responsibility to take into account the interests of workers, the community and the environment as well as its shareholders.
A Georgia Benefit Corporation must also publish independently verified reports on its social and environmental impact
alongside its financial results.
Some examples of the specific public benefit that a Georgia Benefit Corporation must provide, among others, include:
- Providing low-income or under served individuals or communities with beneficial products or services
- Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business
- Preserving the environment
- Improving human health
- Promoting the arts, sciences or advancement of knowledge
If needed, we can help you form a Benefit Corporation in Georgia.
Who owns a Georgia Nonprofit Corporation?
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No one person or group of people can own a Georgia Nonprofit Corporation.
Once it is incorporated, the Georgia Nonprofit Corporation is a separate legal entity from its founders, directors, officers, and
employees.
The Georgia Nonprofit Corporation itself owns assets of the business and is entitled to receive all revenues from its operation.
Any equity in a Georgia Nonprofit Corporation belongs to the organization itself, not to the founders, board of directors or staff.
In addition, a Georgia Nonprofit Corporation cannot be sold to another individual, corporation or organization.
Can a Georgia Nonprofit Corporation make money?
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Contrary to popular belief a Georgia Nonprofit Corporation may actually make a profit.
Many Georgia Nonprofit Corporations derive much of their funding from tax-exempt donations.
Sometimes a Georgia Nonprofit Corporation can receive more in donations that the costs to actually run the organization.
A Georgia For-Profit Corporation may distribute any excess assets to its owners or shareholders.
There is no distribution of assets in a Georgia Nonprofit Corporation.
In a Georgia Nonprofit Corporation all of the money earned by or donated to the Georgia Nonprofit organization
is used in pursuing the organization's objectives as stated in its Articles of Incorporation.
Any excess capital after the close of the Georgia Nonprofit Corporation's fiscal year must be kept in the Georgia Nonprofit's accounts.
Are all Georgia Nonprofit Corporations Tax Exempt?
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The state of Georgia does not have a Corporate income tax so there is no need for a Nonprofit Exemption from Georgia Corporation income taxes.
What is a 501(c)(3) Nonprofit Corporation?
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501(c) refers to a section of IRS code which deals with tax exempt organizations including, but not limited to,
Nonprofit Corporations.
The most common type of tax-exempt organization falls under section 501(c)(3) of the IRS code.
This section of the IRS code allows a Georgia Nonprofit organization to be exempt from federal income tax if its activities include any of the
following purposes:
- Charitable
- Religious
- Educational
- Scientific
- Literary
- Testing for public safety
- Fostering amateur sports competition
- Preventing cruelty to children or animals
There are other types of 501(c) tax exempt organizations defined in the IRS code - 29 of them - but 501(c)(3) tax exempt organizations
are by far the most common in the state of Georgia and the US.
One advantage to qualifying to be a 501(c)(3) tax exempt organization is that most foundations will only make grants
to 501(c)(3) Nonprofits.
Tax exemption does not excuse a Georgia Nonprofit organization from maintaining proper records and filing any required annual or special-purpose tax
returns if they are required.
Failure to file required returns such as Form 990 (Return of Organization Exempt From Income Tax) may result in fines.
One prohibition for 501(c)(3) organizations is that they are prohibited from conducting political campaign activities to intervene
in elections to public office.
There are, however, provisions which may allow some 501(c)(3) organizations to legally lobby to influence legislation.
What information does a Nonprofit need before it can apply for 501(c)(3) Tax Exempt Status?
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BEFORE you apply with the IRS for 501(c)(3) Tax Exempt status it will need the following:
- Articles of Incorporation approved by the Georgia Secretary of State
- Bylaws
- Federal Employer Identification Number (EIN)
- Statement of purpose that meets IRS requirements
- Statement that your Nonprofit Corporation will not engage in prohibited political or legislative activities
- A Plan of Dissolution describing the distribution of assets upon dissolution
There is also very specific language which needs to be included in your Articles of Incorporation which are filed with the Georgia
Secretary of State if you want to get 501(c)(3) Tax Exempt Status.
When a Nonprofit Corporation dissolves all remaining assets
must be distributed to other active Nonprofits.
None of the remaining assets can be distributed to any directors, members or staff.
If you want to apply for 501(c)(3) Tax Exempt Status we will make sure your Articles of Incorporation include everything that the IRS needs
before we submit them to the state.
What happens when a Georgia Nonprofit Corporation wants to shut down?
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When a Georgia Nonprofit Corporation wants to cease operations, any assets of the Georgia Nonprofit Corporation
must be distributed to other Nonprofits which were formed for similar purposes as the Georgia Nonprofit Corporation which is
closing.
Under no circumstances can a Georgia Nonprofit Corporation distribute any remaining assets to its founders, directors or
employees.
How can I Form a Georgia Nonprofit Corporation Online?
If you are ready to Form a Georgia Nonprofit Corporation simply choose which Georgia
Nonprofit options that you want in the upper right corner of this screen then click the Next Step button.
You will be directed to a screen on which you can enter your specific a Georgia Nonprofit information and finalize your order.
If you have any questions regarding our Georgia Nonprofit services you can call us at 855-771-2477.
GEORGIA NONPROFIT COST ESTIMATOR
Our GA Nonprofit Processing Services include:
(These services are included in our processing fees)
Optional Georgia Incorporation Services
(Choose options, cost is updated automatically)
- Express Mail - $35
explain
If you really need your original approved Articles of Incorporation in your hands quickly, the
Express Mail option can cut the delivery time in half.
The Express Mail option has no effect on the Georgia Secretary of State's processing time.
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GA Registered Agent - $135
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Every Georgia Nonprofit is required to have an address within the state of Georgia where
official and legal correspondence can be delivered.
The individual or company that is registered with the state of Georgia to receive all correspondence
on behalf of the Nonprofit is called a Registered Agent.
You may act as your own Registered Agent, however, many Nonprofits hire a Registered Agent because they don't have a physical address within
Georgia or to provide a distinct level of privacy.
We can act as your Georgia Nonprofit Registered Agent.
This is an annual service.
We will forward all correspondence to you and will remind you when it is time to renew your GA Registered Agent services.
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Customized Bylaws - $75
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Bylaws are the rules by which your Georgia Nonprofit must operate.
Every new Georgia Nonprofit requires bylaws.
Almost anything may be written into the bylaws, however, the bylaws must not be in violation of any law or
your Georgia Nonprofit's Articles of Incorporation.
We can create customized initial bylaws for your Georgia Nonprofit that are based on your specific business requirements.
As your company grows over time, you may amend your bylaws as necessary.
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GA Good Standing Certificate - $43
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A Georgia Good Standing Certficate is proof of the existence of your new Georgia Nonprofit.
The Certificate is issued by the Georgia Secretary of State and is proof that your GA Nonprofit is not behind on any
of its Georgia Secretary of State Corporate obligations.
A Georgia Good Standing Certificate is often required for loans, to apply for business licenses, or for tax or other business purposes
in the state of Georgia or in any other state.
We can get your Georgia Good Standing Certificate immediately after the Georgia Secretary of State has approved your Nonprofit application.
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Federal EIN - $65
explain
An FEIN is like a Social Security Number for your Georgia Nonprofit.
We can get your FEIN on the same day that your Articles of Incorporation are approved by the Georgia Secretary of State.
You can get your FEIN before your articles are approved by the Georgia Secretary of State but it's a good idea to wait until
after approval.
Your filing may be rejected or the Nonprofit name that you want may not be approved.
Changing information on an FEIN filing is not a trivial exercise with the IRS.
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Nonprofit Kit and Seal - $99
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While you're not required to have a Nonprofit Kit and Seal for your new Georgia Nonprofit they do come in handy.
The GA Nonprofit Kit consists of a beautiful customized binder, stock certificates, a stock ledger
and your custom Nonprofit Seal.
The Nonprofit Seal is used to emboss important company documents, such as stock certificates.
The binder also includes dividers so you can use it for all of your Georgia Nonprofit record keeping.