Category Archives: Corporate Registration

North Dakota Corporate Registration/Qualification

Out of state charitable corporations must obtain a certificate of authority from the Secretary of State office if they conduct activities in North Dakota which includes soliciting for donations.  A non-profit corporation can do this by filing a Certificate of Authority Foreign Corporation Application (SFN 13100).

A foreign corporation using a name other than its corporate name must also file the Trade Name Registration Form (SFN 13401) and renew annually.

You will need to have a Registered Agent for filing the Certificate of Authority Foreign Corporation Application which can be provided by a service or an individual residing in North Dakota. If your organization is registering nationwide you are going to need registered agents for several states so we recommend using a national agency so that you only have one point of contact for that service. Here is the link to the blog we posted earlier in the year on the role of Registered Agents in state charity registration process.

For more information on corporate registration, review the North Dakota Secretary of State’s website or you could read up on Corporate Registration and Registered Agents on our blog.

Please contact us with any comments, questions or concerns at (800) 780-6027 or support@SimpleCharityRegstration.com.

Oregon Corporate Registration/Qualification

Out-of-state charitable corporations must register prior to solicitation with the Department of Justice Charitable Activities Section.  Those forms can be found on SimpleCharityRegistration.

Nonprofit corporations organized in another state which solicit, hold assets or do business in Oregon must also register with the Oregon Secretary of State Corporations Division. They must file an Application for Authority to Transact Business-Nonprofit which can be submitted by mail or online at the Oregon Business Registry.  The annual renewal must be done online by February 1st of each year.

You will need to have a Registered Agent for service of process filing as a Foreign Non-profit can be provided by a service or an individual residing in Oregon. An entity cannot designate itself as its own registered agent.  If your organization is registering nationwide you are going to need registered agents for several states so we recommend using a national agency so that you only have one point of contact for that service. Here is the link to the blog we posted earlier in the year on the role of Registered Agents in state charity registration process.

Please contact us with any comments, questions or concerns at (800) 780-6027 or support@SimpleCharityRegstration.com.

DC Corporate Registration/Qualification

Nonprofits must file for a basic business license in DC which in lieu of completing a charity registration application.  This includes completing corporate registration with the FN-1 Form as a foreign entity conducting business in DC. The best way to register in DC is online through the Department of Consumer and Regulator Affairs (DCRA), Corporations Division, CorpOnline Web Portal.

It is best to register through their portal as you can track your progress from the corporate registration to the tax exempt application and then on to registering your non-profit as a business with the BBL-EZ Form.

You will need to have a Registered Agent for filing both as a Foreign Non-profit and for completing the BBL-EZ application both can be provided by a service or an individual residing in DC. If your organization is registering nationwide you are going to need registered agents for several states so we recommend using a national agency so that you only have one point of contact for that service. Here is the link to the blog we posted earlier in the year on the role of Registered Agents in state charity registration process.

If you plan on using a name in DC other than your registered corporate name, you also will need to register that Trade Name.

Please contact us with any comments, questions or concerns at (800) 780-6027 or support@SimpleCharityRegstration.com.

Colorado Corporate Registration/Qualification

Every charitable organization that solicits contributions in Colorado must complete the charity registration process before engaging in any solicitation activities. This includes registering your out-of-state (foreign) nonprofit with the Colorado Secretary of State by filing a “Statement of Foreign Entity Authority“.

You will need to have a Registered Agent for filing the Statement of Foreign Entity Authority and the charity registration application both can be provided by a service or an individual residing in Colorado. If your organization is registering nationwide you are going to need registered agents for several states so we recommend using a national agency so that you only have one point of contact for that service. Here is the link to the blog we posted earlier in the year on the role of Registered Agents in state charity registration process.

All of Colorado’s forms must be filed online including the Charity Registration. More information about the process can be found on the Colorado Secretary of State’s website.

Please contact us with any comments, questions or concerns at (800) 780-6027 or support@SimpleCharityRegstration.com.

California Corporate Registration/Qualification

Out of state charitable corporations must register or qualify with the California Secretary of State’s office if they do business in California which includes soliciting for donations.  A non-profit corporation can do this by filing a Statement and Designation by Foreign Corporation (Form S&DC-S/N).

You will need to have a Registered Agent for filing the Statement and Designation by Foreign Corporation which can be provided by a service or an individual residing in California. If your organization is registering nationwide you are going to need registered agents for several states so we recommend using a national agency so that you only have one point of contact for that service. Here is the link to the blog we posted earlier in the year on the role of Registered Agents in state charity registration process.

After obtaining the corporate registration approval, we recommend that the organization files for state tax exemption with the California Franchise Tax Board.  The Submission of Exemption Request (Form FTB 3500A) should be filed so that the organization will be recognized as a tax exempt entity and will not have to pay any California franchise taxes.

For more information on corporate registration review the California Secretary of State’s website or you could read up on Corporate Registration and Registered Agents on our blog.

Please contact us with any comments, questions or concerns at (800) 780-6027 or support@SimpleCharityRegstration.com.

Does my Nonprofit Need a Registered Agent? Part I: Corporate Qualification

There are several variations of the term Registered Agent that you may come across that usually mean the same thing.  It could be Resident Agent, Registered Agent (RA) or Statutory Agent.  They are all terms for an individual or company that your organization designates to receive official documents on your behalf located in a specific state.

This is usually a state where you do not have a physical office location and a post office box cannot be used.  A location where documents can be delivered and signed for in person on behalf of your company or nonprofit.  These documents can be any official state correspondence, tax information, or process notices.   Process notices are usually court documents advising the organization that it is party to a lawsuit or legal action.  

For corporations that transact business in several states they are often required to be “Qualified to do Business” in those states.  Which means in order for corporation to carry out business transactions in a state other than the one they are incorporated in they must go through a process called foreign qualification in each of those states and most likely will have several registered agents or use a national registered agent service.  This is not necessarily true for non-profits as they do not normally qualify as doing business per state’s laws.  This occurs because some states have different definitions of what transacting business is in their state.  

The following states require that charitable organizations file for “Corporate Qualification” and require that a resident agent be listed on the application.  Although, these organizations do not ask for the resident agent to be listed on the charity registration. When you’re done, read Part II of this blog to find out more about resident agents and charitable solicitation registration.

Registered Agent Required for Corporate Qualification

California

North Dakota

Oregon

Registered Agent Required for Both Corporate Qualification and Charity Registration Forms

Colorado

District of Columbia

States that Require Corporate Qualification for Organizations with Branch Offices in their States

Florida (foreign organization conducting business or have offices in state)

Illinois (foreign organization conducting business or have offices in state)

Michigan (foreign organization conducting business or have offices in state)

Nevada (foreign organization conducting business or have offices/programs in state)

Read Does my Nonprofit Need a Registered Agent? Part 2: The Charity Registration Forms for further information on which Charity Registration forms also require a registered agent.

Read our blog to learn more about Non-profit Corporate Registration and the Model Business Corporation Act.

Visit URS Agents to obtain Registered Agent services

Please contact us with any comments, questions or concerns at (800) 780-6027 or support@SimpleCharityRegstration.com.

 

 

Non-profit Corporate Registration and the Model Business Corporation Act

Welcome to Simple Charity Registration. com.

We frequently get questions regarding corporate or business registration in states by charities who find it confusing and frustrating that they might have another required form of state registration on top of the charitable solicitation registration our site services. We decided to provide an overview of the topic.

What are Corporate Registration and Qualification to do business?

Many people refer to registering a corporation in a state as corporate or business registration. That is the process which “domestic corporations,” or those originating in the state and operating within the laws of the state, need to go through. For foreign corporations, or those originating in another state, that sounds fairly unnecessary. The real term and purpose for foreign corporations, however, is “qualifying to do business” in a state. Very self-explanatory. It would seem reasonable that a state would need to know about a business making money from its residents. How do states define qualification to do business?

Generally, states have developed their business rules on the Model Business Corporation Act which differentiates between those domestic and foreign corporations we just discussed. Since business entities must follow the rules of the states in which they are created, domestic corporations have requirements to register their organizing documents, governing documents, and keep them updated annually along with financial reporting. As with most of these rules, this increases the accountability and transparency of businesses operating within the state.

Foreign corporations are subject to separate rules since they are already regulated by their home state. As such, states only want detailed reporting if the foreign corporation “transacts business” in their state. While no state gives an absolute definition of transacting business, the Model Business Corporation Act lists several examples of activities that are not included. Among these are third party business functions like:

  • banking or legal activity
  • interstate commerce (vs. intrastate commerce)
  • one-time transactions that are completed within 30 days and not reproduced by other similar transactions
  • sales where the oversight of the sale is done out of state

To be sure, an organization that performs services in a state, has an office or other presence in a state, or has employees in a state does come under the definition of transacting business in that state and would need to qualify.

What knowledge should you take from this video? All states have some sort of corporate registration and qualification to do business. Some are more stringent than others and all need to be taken seriously because there are large penalties for non-compliance. To stay in compliance, do your homework and consult attorneys if needed. It all matters.

In the coming days we will go deeper into some of the questions that result from these processes to give you some background as you look into whether you need to qualify to do business in states other than your own.

As always please contact us with any comments, questions or concerns at (800)780-6027 or Support@SimpleCharityRegistration.com.

Thanks for watching!

Non-profit or Tax Exempt??

Welcome to SimpleCharityRegistration.com.

What is the difference between a nonprofit and being tax exempt?

Tax exemption on the federal level is a designation given by the IRS that basically just says that “if you are providing a community service and not paying a profit to yourself or investors, then you shouldn’t have to pay taxes on the money that you have brought in.” Also, “After you provide the proper documentation the IRS will allow your donors the ability to take the monies that they give you as a deduction on their income taxes.” A nonprofit is how you are designating how your business will be structured on the state level which could include any of the following: Unincorporated Association, Nonprofit Corporation, Charitable Trust, or in some cases an LLC.

You may be asking,
“Why do I have to register my nonprofit if I am tax exempt?”

The simple answer is that you are letting the state know that you will be doing business within its boundaries and how you will be conducting that business. Registering your nonprofit with the correct state authorities can be a two step process. The first part is registering with the state that you will be conducting business either as a domestic or foreign entity and how it is structured.

Secondly, you must register with the proper agency where you will be asking their citizens for donations/contributions to fund your organization and what services you will be providing for those funds you will be collecting. These two processes also give the citizens of that state a trusted local authority to confirm if your organization and the money that you are asking them for is being used as you say it will be because the paperwork that you file with the state about your organization as a nonprofit will be available for them to review.

As always please contact us with any comments, questions or concerns at (800)780-6027 or Support@SimpleCharityRegistration.com.

Thanks for watching!

DC Charity Registration Process – Domestic Non-profit Organizations

Registering in Washington, DC as a domestic non-profit organization is a multi-step process in which the steps must be followed in order to complete the process with success.  The best way to register in DC is online through the Department of Consumer and Regulator Affairs (DCRA), Corporations Division, CorpOnline Web Portal or to go in person to their offices.

These instructions are for in-state (domestic) charity organizations who will be located in DC and soliciting DC residents and corporations for donations.  Here are the steps that we recommend to our in-state customers.

Domestic Organizations (located in DC) — Will be required to provide evidence of corporate registration in DC & have applied for DC tax exemption prior to obtaining solicitation registration.

1. Corporate Registration

a.  New nonprofit organizations in DC must file their articles of incorporation for corporate registration using the Domestic Nonprofit Registration Statement DNP-1 through the Corporations Division.  It is best to do this online because you can submit a copy of the confirmation email as evidence of filing with your DC tax exemption application (Step 2b).

b. If you plan on using a name in DC other than your registered corporate name, you also will need Trade Name registration. If you include a trade name on your BBL-EZ (Step 3) you will need to register that name.

2. DC Tax Exemption

a. File FR-500 to register with the DC Office of Tax and Revenue. This can also be done faster online.

b. File FR-164 to become a tax-exempt entity in the District (Fillable version). You can mail this or drop it off in person. We recommend you include a stamp-and-return copy in self-addressed stamped envelope include with your BBL-EZ filing (see below).

3. Obtain a Certificate of Occupancy (COO) or Home Occupancy Permit (HOP)

File for a Certificate of Occupancy by paper or online to ensure that your activities comply with zoning laws.  You will need a COO if you operate out of an office in the District OR a HOP permit if your organization is run out of a home.  If your organization is leasing space the building owner should be able to supply you with a copy of the COO.

4. Business Licensing

a. Once steps 1, 2 and 3 are completed, the organization can apply for the Basic Business License for Charitable Solicitation using the the BBL-EZ form. This form can also be found at Simple Charity Registration. You will need to include your registration certificate from Step 1 and a copy of your FR-164 filing from Step 2b.

Note: Accredited educational institutions, religious organizations, and member-based groups need to file the BBL-EZ to receive exemption. 

b. File for Clean Hands Certification, showing that you owe no more than $100 in the District — included in the BBL-EZ.

c. File the Certified Resolution, certifying that you are authorized to sign for the organization and that all answers are true to the best of your knowledge and ability.

5. Business licensing is good for two years and renewable at that time.

6. Overview of the process:

a. 5 Basic Steps to Obtaining a Business License and

b. Charitable Solicitation Registration Quick Facts

Other useful web pages:

Please contact us with any comments, questions or concerns at (800)780-6027 or support@SimpleCharityRegstration.com.

DC Charity Registration Process – Foreign Non-profit Organizations

Registering in Washington, DC is a multi-step process in which the steps must be followed in order to complete the process with success.  The best way to register in DC is online through the Department of Consumer and Regulator Affairs (DCRA), Corporations Division, CorpOnline Web Portal.  The steps are different according to your type of organization — i.e., foreign, not located in DC, and domestic, located in DC.

Here are the steps that we recommend to our out of state customers.

Foreign Organizations (not located in DC) — Will be required to provide evidence of foreign corporate qualification, DC tax exemption and other requirements are necessary prior to obtaining solicitation registration.

1. Corporate Registration:

a) Nonprofits must file for corporate registration with the FN-1 Form as a foreign entity conducting business in DC. It is best to do this through the portal because you can submit a copy of the confirmation email as evidence of filing with your DC tax exemption application (Step 2b).

  • During this process, you will need to appoint and maintain a Resident Agent to receive legal notices in DC and
  • Provide a Certificate of Good Standing from the state in which your organization is incorporated.
  • Provide a copy of your IRS determination letter.

b) If you plan on using a name in DC other than your registered corporate name, you also will need Trade Name registration. If you include a trade name on your BBL-EZ (Step 3) you will need to register that name.

2. DC Tax Exemption

a) File FR-500 to register with the DC Office of Tax and Revenue. This can also be done faster online because processing is faster and is designed to only accept fully correct entries, which avoids time delays resulting from rejected forms.

b) File FR-164 to become a tax-exempt entity in the District. (Fillable version). You can mail this or drop it off in person. We recommend you include a stamp-and-return copy in self-addressed stamped envelope to include with your BBL-EZ filing (see below).

3. Business Licensing:

a) Once steps 1 & 2 are completed, the organization can apply for the Basic Business License for Charitable Solicitation the BBL-EZ form. (This is the form found at Simple Charity Registration). You will need to include your registration certificate from Step 1 and a copy of your FR-164 filing from Step 2b.

Note: Accredited educational institutions, religious organizations, and member-based groups need to file the BBL-EZ to receive exemption. 

  • Provide a copy of your IRS determination letter.

b) File for Clean Hands certification, showing that you owe no more than $100 in the District — included in BBL-EZ.

c) File the Certified Resolution, certifying that you are authorized to sign for the organization and that all answers are true to the best of your knowledge and ability.

4. Business licensing is good for two years and renewable at that time

5. Overview of the process:

a) 5 Basic Steps to Obtaining a Business License and

b) Charitable Solicitation Registration Quick Facts

Other useful web pages:

Please contact us with any comments, questions or concerns at (800)780-6027 or support@SimpleCharityRegstration.com.