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Managing the Process

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Nonprofit FAQ

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Managing The Process

There are many specific details for beginning a new nonprofit corporation and for ending one. This section gives an overview of the items that need attention, government regulations you need to follow and the proper forms to fill out and send to the appropriate government agency.

World Wide Web Internet Links

"Creating the Nonprofit Under Ohio Law" on this site

  • An Organized Outline of Steps to Create a Nonprofit
  • Filing Paperwork with the Government (and Paying Fees )
  • Writing Your Articles of Incorporation and Bylaws
  • Keeping Current with Ongoing Filings with the Government

"Ending the Nonprofit Corporation" on this site

  • Different Options for Ending (Merger, Bankruptcy, Going out of Business, etc.)
  • Required Paper Work to File with the Government
  • Necessary Approvals and Affidavits from Government Agencies

Suggested Internet Links and Printed Resources

Sites for Creating the Nonprofit and Ending One

Section 501 of the United States Tax Code. Exemption from tax on corporations, certain trusts, etc.
http://www.fourmilab.ch/ustax/www/t26-A-1-F-I-501.html

126th Ohio General Assembly-H.B 42
http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_42

America's Charities is good for finding information on smaller charities-those with revenues less than $25,000/yr.
http://www.charities.org/

Association of Research on Nonprofit Organizations and Voluntary Action (ARNOVA) is an international organization whose research gives an understanding of the Nonprofits, philanthropy and volunteerism.
http://www.arnova.org/index.php

Center for Lobbying in the Public Interest (CLPI) is an organization that supports and promotes the rights of Nonprofits to advocate and lobby in the public interest.
http://www.clpi.org/

Charity Navigator-America's Largest Charity Evaluator is a nonprofit organization that seeks out and evaluates charities all over the country.
http://www.charitynavigator.org/

Core Operating Standards for Startup Nonprofit Organizations
http://www.nrca.info/core_operating_standards.asp

The Chronicle of Philanthropy
http://philanthropy.com/

The Internal Revenue Service Publication Number 557 "tax-exempt status for your organization" contains samples of the required language and is available for free from the IRS Forms Distribution Center, P.O. Box 8903, Bloomington, Illinois 61702-8903.
http://www.irs.gov/publications/p557/ar01.html

Faith-Based Initiatives

Faith-Based Initiatives and the Busch Administration
The Pew Forum on Religion & Public Life-Faith-based Initiatives
http://pewforum.org/faith-based-initiatives/

OMB Watch-Nonprofit Issues-Faith-based Initiative
http://www.ombwatch.org/article/archive/47

USA Freedom Corps-Nonprofits and Community Serving Organizations
http://www.usafreedomcorps.gov

White House Office of Faith-Based and Community Initiatives
http://www.whitehouse.gov/government/fbci/

Federal Department of Labor (DOL)
www.dol.gov

The Foundation Center-Researching Philanthropy Literature of the Nonprofit Sector-23,440 full bibliographic citations, 15,810 descriptive abstracts.
http://lnps.fdncenter.org/

Internal Revenue Service (IRS)
www.irs.gov

The different filing forms' requirements (for each type of nonprofit) are explained in the instructions for form 990 at the IRS Web site
http://www.npccny.org/Form_990/990.htm

Information on the rules for filing tax returns with the State of Ohio can be found at the Ohio Attorney General's Office Web site
http://www.ag.state.oh.us/

One of the best Web sites for information about federal tax-exemption and tax filings is under the "Charities and Nonprofits" section at
http://www.irs.gov/charities/index.html

Certain types of organizations need to be concerned about other taxes. Section 501(c)(3) (public charity) organizations and section 501(c)(4) (social welfare) organizations need to follow the laws about excise tax (commonly called  "excess benefit transactions") in section 4958 of the IRS Code.  Information about section 4958.
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00004958----000-.html

General IRS Information for Charitable Organizations
http://www.irs.gov/instructions/i1023/ar01.html#d0e183

What You Need to Know Before Starting a Nonprofit...Get Ready Get Set This is a project of the California Management Assistance Partnership (written by Peter B. Manzo and Alice Espey with Nora Burton and Snow Tempest, and published by the Center for Nonprofit Management). A reminder that the California laws listed in this publication may be different than Ohio laws, however, the basic information is excellent.
http://www.cnmsocal.org/Services/GetReadyGetSet

For a collection of articles called "Guide to Private Foundations" on the IRS site.
http://www.irs.gov/charities/charitable/article/0,,id=127912,00.html

Free Management Library for Nonprofits and Profits Provided by Authenticity Consulting, LLC.
http://www.managementhelp.org/

The Mandel Center for Nonprofit Organizations an Academic Center for Nonprofit Management offers good information from Case Western Reserve in Cleveland, Ohio.
http://www.cwru.edu/mandelcenter/index.html

National Center for Charitable Statistics-NCCS National
clearinghouse for nonprofit sector data.
http://nccsdataweb.urban.org/FAQ/index.php?category=31

National Council of Nonprofit Associations (NCNA) is the network of state and regional nonprofit associations serving over 22,000 members in 46 states and the District of Columbia. NCNA links local organizations to a national audience through state associations and helps small and mid-sized nonprofits.
http://www.ncna.org/index.cfm?fuseaction=Page.viewPage&pageId=2

Nonprofit laws are listed in: Index of Chapter 1702 Ohio Revised Code, Nonprofit Corporation Law
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/da2c/dcc4?f=templates&fn=documentframe.htm&2.0#JD_1702

Nonprofit Organizations
http://Nonprofit.about.com/

Nonprofit Resource Guide - Search Find Nonprofit organizations by state, type and name.
http://www.epodunk.com/Nonprofits/

Nonprofit Sector Research Fund-The Aspen Institute - The Nonprofit Sector Research Fund awards research grants, convenes leaders and disseminates research findings to expand knowledge of the Nonprofit sector and philanthropy, improve Nonprofit practices and inform public policy related to Nonprofits.
http://www.Nonprofitresearch.org/

The Nonprofit Times-The Leading Business Publication for Nonprofit Management
http://www.nptimes.com/

OANO-Ohio Association of Nonprofit Organizations
http://www.oano.org/

Office of Management and Budget (OMB)

Circular A-110-Uniform Administrative Requirements
http://www.whitehouse.gov/omb/circulars/a110/a110.html

Circular A-122, Revised May 10, 2004
http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html

Circular A-133-Audits of States
http://www.whitehouse.gov/omb/circulars/a133/a133.html

OMB Circulars
http://www.whitehouse.gov/omb/circulars/index.html

OMB Watch-Nonprofit Issues-Latest Headlines
http://www.ombwatch.org/npadv

OMB Watch-Panel on Nonprofit Sector Makes Final Recommendations to Senate Committee
http://www.ombwatch.org/article/articleview/2892

Office of Unemployment Compensation
http://www.jfs.ohio.gov/ouc/

The Ohio Secretary of State's Articles of Incorporation form and instructions are at
http://www.sos.state.oh.us/SOSApps/Forms/Form.aspx?return=/SOSApps/SOS/FormRefBS.aspx&type=BusinessServices&code=532

The Ohio Attorney General has a pamphlet, which gives advice for persons serving as directors of nonprofit corporations.
http://www.ag.state.oh.us/business/pubs/char/05guide_boardmembers.pdf

For information about registering with the Ohio Attorney General
http://www.ag.state.oh.us/business/forms/char/reg_statement_char_org.pdf

Online Resources - The Center for Nonprofit Excellence offers training and consulting services covering a wide range of issues for Nonprofits of all sizes.
http://www.cfnpe.org/base.cfm?page_id=1017

Ohio Wage Hour Bureau
http://198.234.41.198/w3/webwh.nsf?Opendatabase

Philanthropy News Digest (PND)
http://fdncenter.org/pnd/

PNNOnline is a nonprofit news and information source
http://www.pnnonline.org/modules.php?op=modload&name=News&file=index

If you plan to be tax-exempt, the purpose statement must meet the Nonprofit laws listed in Section 501(c)(3) of the Internal Revenue Code
http://www.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000501----000-.html

Forms need to be filled out and sent to the Secretary of State regularly.
http://www.sos.state.oh.us/SOSApps/Forms/Form.aspxreturn=/
SOSApps/SOS/FormRefBS aspx&type=BusinessServices&code=532

There are ongoing filing obligations in order to continue being a Nonprofit. Again, the Secretary of State's Web site is probably the best source for information.
http://www.sos.state.oh.us/SOSApps/Forms/Form.aspx?return=/SOSApps/SOS/FormRefBS.aspx&type=BusinessServices&code=522

ServiceLeader.org is a project of the RGK Center for Philanthropy and Community Service at the Lyndon B. Johnson School of Public Affairs of the University of Texas at Austin, provides information on all aspects of volunteerism.
http://www.serviceleader.org/new/index.php

Social Science Research Network
http://www.ssrn.com/

Information for organizations that intend to ask for contributions is at
www.ag.state.oh.us

These are links to the legal forms that must be filed with the Ohio Secretary of State's office

These forms, along with all other business forms, are listed on the Secretary of State's Web site at this address
http://www.sos.state.oh.us/SOSApps/SOS/FormRefbs.aspx

Ohio Attorney General supervises the activities of nonprofit organizations. For proper forms and information visit the Ohio Attorney General's site.
http://www.ag.state.oh.us

Nonprofits that ask for funds from the public for charitable purposes must file an annual financial report with the Ohio Attorney General.The Solicitation Registration Form and Annual Financial Report can be found on the Ohio Attorney General's Web site.
http://www.ag.state.oh.us/online_publications/
charitable_law/char_solicit_reg_info.pdf

Nonprofit Good Practice Guide Provided by the Dorothy A. Johnson Center for Philanthropy & Nonprofit Leadership
http://www.npgoodpractice.org/

Nonprofit Nuts and Bolts Publishing aims to provide practical, timeless management ideas that help nonprofit professionals tackle the nuts and bolts of managing their organization. It strives to be a valuable, information-packed resource for busy, budget-stretching nonprofit professionals. It covers key topics such as fundraising, volunteer management, public relations, special events, leadership, marketing, meetings, staff management, motivation, board relations, team building, time management, committees and technology.
http://www.nutsbolts.com/np-resources.htm

Local Solicitation and Reporting Information

An example of solicitation code section for Toledo listed under "Business Regulations."
http://www.amlegal.com/nxt/gateway.dll/Ohio/toledo/toledomunicipal
codef=templates$fn=default.htm$3.0$vid=amlegal:toledo_oh$anc=

This site offers general links to a variety of Ohio municipal codes. Here is a link to the Bowling Green page, which gives an opportunity to view the solicitation code from Bowling Green.
http://www.amlegal.com/library/oh/bowlinggreen.shtml

Below is a link to a library which allows you to view all available online Ohio municipal codes. Not all are online but this has a very large selection.
http://www.amlegal.com/library/oh/index.shtml

Technical Resources and Links Provided by the Rasmuson Foundation of Alaska
http://www.rasmuson.org/index.php?switch=viewpage&pageid=45

SBA-Nonprofit Organizations Small Business Administration
http://www.sba.gov/Nonprofit/

U.S.P.S-How to Apply for Authorization to Mail at Nonprofit Rates
http://www.usps.com/businessmail101/misc/NonprofitApplication.htm

U.S.P.S-Special Rates for Nonprofit Mailers
http://www.usps.com/businessmail101/rates/Nonprofit.htm

U.S.P.S-Who Qualifies for Nonprofit Rates
http://www.usps.com/businessmail101/misc/NonprofitQualifications.htm

Book Reference

A wonderful book that has information on forming and running nonprofits, Guidebook for Directors of Nonprofit Corporations Committee on Nonprofit Corporations. Editors, George W. Overton, Jeannie Carmedelle Frey, Second Edition, Section of Business Law American Bar Association, 2002.

Sites for Ending the Nonprofit

Nonprofit laws are listed in the Index of Chapter 1702 Ohio Revised Code, Nonprofit Corporation Law
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/da2c/dcc4?f=templates&fn=document-frame.htm&2.0#JD_1702

In order to complete the form of a merger or consolidation with the Secretary of State, certain items must be included. A list of business forms can be found at
http://www.sos.state.oh.us/SOSApps/SOS/FormRefbs.aspx

There are many Ohio forms, instructions, and items required in order to legally end a nonprofit. The forms to fill out and information on how to file are at the Ohio Secretary of State's site.
http://www.sos.state.oh.us/SOSApps/Forms/Form.aspx?return=/SOSApps/SOS/FormRefBS.aspx&type=BusinessServices&code=560

Section 1702.43 Ohio Revised Code, Merger of Nonprofit Corporation. The forms to fill out and information on how to file are at the Ohio Secretary of State's site.
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/da2c/dcc4/ddc4/ddd1?f=templates&fn=document-frame.htm&2.0#JD_170243

Information about the dissolution of a nonprofit can be found in Section 1702.47 Ohio Revised Code, Voluntary Dissolution of Nonprofit Corporation.
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/da2c/dcc4/dde8/dde9?f=templates&fn=document-frame.htm&2.0#JD_170247

More information is on the Ohio Secretary of State's site
http://www.ohiospirit.org
Specific links are below.

To request a CD-ROM with all Business Forms and Filing Information
busserv@sos.state.oh.us

Instructions and form for a Certificate of Dissolution by Members or Directors
http://www.sos.state.oh.us/SOSApps/Forms/Form.aspxreturn=/SOSApps/
SOS2fFormRefBS.aspx&type=BusinessServices&code=560

Certificate of Merger
http://www.sos.state.oh.us/SOSApps/Forms/Form.aspxreturn=2fSOSApps2f
SOS2fFormRefBS.aspx&type=BusinessServices&code=551

Certificate of Consolidation
http://www.sos.state.oh.us/SOSApps/Forms/Form.aspx?return=%2fSOSApps%2fSOS%2fFormRefBS.aspx&type=BusinessServices&code=550

The fees charged and collected by the Ohio Secretary of State are listed in Section 111.16 Ohio Revised Code
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/4f4/cb1/d01/d02?f=templates&fn=document-frame.htm&q=111.16&x=Advanced&2.0#LPHit1

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