PTO Today

Hi Everyone! As I mentioned in another post, we have just officially disbanded!

Now my question is whether we do line 1 or line 3 in form 1023 for 501c3 status--do we file Articles of Organization or Articles of Incorporation?

Thanks!

Are you incorporated in your state? If not, why not? It's usually good advice to incorporate in your state as a non-profit BEFORE you file the 1023. The IRS views your incorporation date as the founding date of the new organization. Therefore, if you get your 501c3, and later decide to incorporate, to the IRS, you're forming a brand new org and must file the 1023 all over again.

All that said, if you are incorporated, you file Articles of Incorporation.

Thanks, Critter. But the 1023 form gives you the option of filing Articles of Incorporation or Organization. They leave this up to the filee (term?). So my question is whether we should do one or the other.

If we need to incorporate, then we will do that before filing the 1023.

The choice is there because not every org filing the 1023 is incorporated. If you are, you will be including Articles of Incorporation. If you're not, then you include Articles of Organization. There's probably not much difference in content, but they have different names depending on your organization's status. Yes, incorporate first, then file the 1023. Not required to incorporate, but for one thing, it gives your officers some protection from personal liability should anyone sue your PTO. If incorporated, they sue the corporation. Otherwise, they can sue the individual officers.

Come back here with questions, absolutely. But if you want a really comprehensive guide to completing the 1023 from the specific perspective of a PTO, get a copy of the PTO Today Start Up guide.

Thanks, Critter! I will probably end up getting the guide!

Where does one begin the process to "incorporate in my state as a nonprofit"? ... yes, I'm new.

I have a similar question on incorporation. In exploring my state's website they don't seem to encourage non-profits to register as corporations. For profits yes.

What advantage does registering as a corporation, if we can, have for us?

Thanks _Erik

Mianly indementity protection, A corp makes the boards personal assest free from being taken if sued, in addition to insurance (which doesnt cover civil suits)