How We Achieved Non-Profit Status: A Step-by-Step Guide

4–6 minutes

December 2017. We were blessed to get a donation from a new friend Sandi Fisher. She believes Crazy Critters can help the future and the environment.

Social media is how she found us.

Sharing education on the expenses and difficulties that come with exotic animal ownership. Sandi wanted to help us pay for the application process for the Non-Profit 501(c)(3) status.

We take you on the journey with us each and every day, here at Crazy Critters.

Our Journey Begins

12/19/17 we incorporated with the State Of Florida

Florida Department of State, Division of Corporations at http://dos.myflorida.com/sunbiz/The cost to file at Sunbiz was $87.50Steps to File As a Corporation

  1. Name Your Organization: Your organization’s name establishes its brand and is also important for incorporating with the state. The legal name of your nonprofit corporation does not conflict with any other organization registered in the state. Make sure the name is available and meets state requirements.
      • Name Search: Florida Department of State – Division of Corporations Name search. The suffix must contain the word “corporation” or “incorporated.” It also includes the abbreviation “corp.” or “inc.” Use words or abbreviations that show it is a corporation. This distinguishes it from a natural person, unincorporated association, or partnership. The name of the corporation does not contain the word “company” or its abbreviation “co.” 2016 FS §617.0401
    • Recruit Incorporators and Initial Directors. The incorporator is the person who signs the Articles of Incorporation for your nonprofit. You will need at least one but can have more than one. Directors make up the governing body of your nonprofit corporation and are stakeholders in your organization’s purpose and success. You’ll want to identify three, unrelated individuals to meet IRS requirements. You will also want to be aware of any age or residency requirements. Florida director requirements:
      • Number: minimum 3
      • Qualifications: Natural person 18 years of age or older. One director may be 15 years of age or older if permitted by the board of directors or bylaws. No residency requirement. No membership requirement.
      • Term: 1 year
      • Quorum: majority
      • Committee: minimum of 2 directors
      • Florida officer requirements:
      • Defined in articles or bylaws. One officer prepares minutes of the directors’ and members’ meetings and authenticates records of the corporation.
      • Elected by board
      • Term: 1 year
      • Two or more offices may be held by the same individual.
    • Appoint a Registered Agent. A registered agent is responsible for receiving legal notices on behalf of your organization. The appointed registered agent must be physically located in the state. They must also keep an office that is open during regular business hours.
    • Prepare and File Articles of Incorporation. Your nonprofit’s articles of incorporation officially mark the creation of your organization. They document where and when the organization was formed and capture other information necessary to verify its existence. Requirements for language vary from state-to-state. However, there are some basic provisions that the IRS will look for when you apply for 501(c)(3) exemption. It is important to customize the articles for your organization and make sure you meet the state and IRS requirements. Meeting these requirements from the start will help you avoid amendments later. It also reduces the risk of your 501(c)(3) application being rejected. Some states will also require you to publish your articles of incorporation, so be mindful of any deadlines and publishing instructions

    NEXT….

    Obtain an Employer Identification Number (EIN)

    This unique, nine-digit number is assigned by the IRS to identify your nonprofit. All types of nonprofits will apply for an EIN, not only those that hire employees. You will use your EIN to open a bank account. It will also be used to apply for 501(c)(3) status. Additionally, you will submit 990 returns to the IRS.

    YIKES!!!! We did not include the INC when we filed for the article of incorporation. But it was an instant fix. We also instantly obtained our EIN at https://sa.www4.irs.gov/.

    THEN THE APPLICATION!

    It was an easy application on Pay.com, but you must have all the paperwork that is required. You must limit your purposes to one or more exempt purposes within section 501(c)(3).

    And you must attest that your organizing document contains this limitation. Section 501(c)(3) requires that your organizing document does not expressly allow activities not furthering exempt purposes. Your organizing document must not expressly empower you to engage in activities. These activities are not in furtherance of exempt purposes. These purposes should be one or more exempt purposes. You can only engage in such activities as an insubstantial part of your activities. Your organizing document does not expressly empower you to engage in activities otherwise. This means these activities must only be an insubstantial part of your activities. These activities are not in furtherance of one or more exempt purposes.

    Your organizing document must state that upon dissolution, your remaining assets will be used exclusively for section 501(c)(3) exempt purposes. This is a necessity under Section 501(c)(3). This obligation is satisfied by the operation of state law. This depends on your entity type and the state in which you are formed.

    Finally, you must attest that your organizing document contains the dissolution provision required under section 501(c)(3). Alternatively, you must confirm that you do not need an express dissolution provision in your organizing document. This is because you rely on the state law’s operation where you are formed. The state law governs your dissolution provision. We paid a $275 fee. This is way less than we thought. I am sure there will be more to it so stay tuned!

    501 sunbiz (pdf.io).jpg

    It is 12/21/2017, we are officially listed on SunBiz…

    01/03/18 We were accepted as a Non-Profit!!

    As of 8/01/18 we have been able to build the turtle house.

    Like what you read? Appreciate the information. We are a non-profit 501c3! Thank us with a contribution by clicking DONATE!

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