Maine Corporate Resolution for Nonprofit Organizations

State:
Multi-State
Control #:
US-0031-CR-8
Format:
Word; 
Rich Text
Instant download

Description

Generic form with which a corporation may record resolutions of the board of directors or shareholders.

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FAQ

No, a nonprofit organization is not a C corporation. As mentioned above, nonprofits operate under section 501(c) of the Internal Revenue Code and many of them operate under a tax exempt status. C Corporations pay taxes under Chapter C of the IRS tax code, which is where the name comes from.

Nonprofit corporations often deal with government agencies on issues of public concern, which may involve applying for grants, loans or other governmental approvals. In many situations, the government agency requires a corporate resolution to verify the board's approval for making the government application.

If your nonprofit is already making a profit, or will make a profit, from engaging in its stated activities, your organization could benefit significantly from incorporating. However, you must make sure that the money made is related to the charitable activities of your organization.

These terms are often used interchangeably, but they all mean different things. Nonprofit means the entity, usually a corporation, is organized for a nonprofit purpose. 501(c)(3) means a nonprofit organization that has been recognized by the IRS as being tax-exempt by virtue of its charitable programs.

The answer is yes - nonprofits can own a for-profit subsidiary or entity. A nonprofit can own a for-profit entity regardless of whether or not it is a corporation or limited liability company, but there are rules pertaining to any money invested by the nonprofit during the start-up process.

A corporation can then be taxed as either a C or S corporation. On the nonprofit side, there's no such thing as a C or S organization. It's an exempt organization. You don't file for C or S status, you file for exempt status.

Differences Between Nonprofit Corporations and Unincorporated Nonprofits. While unincorporated nonprofit associations are formed simply by two or more people coming together with the common goal of providing a public good or service, nonprofit corporations are separate legal entities.

A 501(c)(3) organization is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of the 29 types of 501(c) nonprofit organizations in the US.

Traditionally, when starting a nonprofit, the best choice for legal structure is to form a nonprofit corporation at the state level and to apply for 501(c)(3) tax exemption at the federal level.

Draft and file the articles of incorporation. A nonprofit public benefit corporation (the focus of this step-by-step guide) is the appropriate choice for a nonprofit formed for charitable or public purposes.

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Maine Corporate Resolution for Nonprofit Organizations