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Non-profit Corporation

What is the significance of a “member” of a nonprofit corporation?

A non-profit corporation may or may not have members. Under Georgia nonprofit corporation law, the sole significance of a member is that members have the right to elect the Board of Directors. The Board then runs the nonprofit through the officers they elect. Thus, all of the power and authority to run a nonprofit vests in the Board of Directors and the members (if there are any), are able to elect the directors.

An elected director board is when the nonprofit will have members who will vote for the directors. Self-perpetuating board is when the corporation will not have members, and the Board will select new directors.

Does the IRS have to approve my nonprofit as a tax-exempt nonprofit corporation?

Usually this is the case and an application must be filled with the International Revenue Service in order to obtain tax exempt status. In some cases, if your corporation is a subordinate organization such as a chapter, local, post, or unit of a central organization, the central organization has been issued a “group exemption letter” which covers subordinate organizations, and they will not need to file separately.

Do I need to do anything specific to be able to solicit donations?

If your nonprofit intends to solicit contributions from the public, you are required to register your charitable organization with the Georgia Secretary of State, unless exemptions apply. (Churches and religious agencies supervised or controlled by a religious organization are exempt.) Annual renewal is required. To obtain more information, contact the Georgia Secretary of State at (404)656-3920 and request a Charitable Organization Information Release and a Charitable Organization Registration Form (Form C 100). This form can be downloaded from the web site, http://www.sos.state.ga.us/securities/forms.htm

Can I amend my corporation to become a nonprofit?

Sometimes profit corporations wish to switch their status to become a nonprofit corporation in order to be eligible for Federal Grants. However, if you are interested in this process, keep in mind that there is more than meets the eye in terms of requirements; the IRS has many rules to ensure that profit corporations do not disguise themselves as nonprofits to obtain benefits. If you obtain the necessary information from your CPA and decide that creating a nonprofit is the best option, it is usually best to form a new corporation that will bear a name different from (but similar to) the profit corporation.

For more information about nonprofit corporations, contact the Georgia Center for Nonprofits based in Atlanta. You can contact them at (404)688-4845 or visit their website at http://www.gcn.org

Georgia Areas We Serve
Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton. 

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Business Law, Divorce, Family Law, Immigration and Bankruptcy. We have two convenient offices located at:

Alpharetta Georgia Office
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022

Atlanta Georgia Office
Studioplex
659 Auburn Avenue Northeast
Suite 117
Atlanta, GA 30312

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