IMPORTANT:

Once you've decided to set up your company as an LLC or Incorporation, the next step is to file the paperwork.    There are usually 3 documents;  1) the registration form, 2) articles of incorporation, and 3) by-laws.    Every state is different, but you can use an internet search to find out how to file in your state.  

One option that makes it easier is to use a 3rd party like Legal Zoom or Bizee.   They make it easy to file and you can also pay extra to expedite the process.    For example, we used Bizee and got our formation documents in about 3 days.    

You can also file yourself.  You can do internet searches to find the right type of language to use for your Articles of Incorporation and By-Laws.    Believe us when we say, get this right.  If you have it right. you can get your 501(c)(3) quicker.  If you make mistakes your 501(c)(3) can be rejected and it can take weeks longer to get it completed.   

The image gallery below shows you are documents, you can use similar text or use your own.   There are specific reasons for each paragraph as written.    When you file your 501(c)(3) you will find their questions pertain to these specific text.  For example, the clarity that you state your purpose, your dissolution steps, and other details will come up in the 501(c)(3) process.  

EIN:  When you file your non-profit you will be given an EIN: Employer Identification Number.   Often a potential donor will ask for your EIN.  It is a common misundertaning that having an EIN does not make that donation tax deductible.  Think of an EIN as a companies social security number.  It is simply the number the Federal Government and the State track your business.  

You can make this easy by using Legal Zoom or other services.  They will walk you through the process and file for you.   But the IRS also makes it pretty easy since this is done using an on-line form.    

You will need a Pay.gov Account, it's easy to set up.  Once logged in, look up form 1023 and fill it out.   You'll pay a fee and click submit.     Start with this link to read more about the process and to find a link to Pay.gov.

The following notes may be useful as you go through the pages.  

PART I:  You'll be asked for information that came from your business filing.   Company name, EIN, board members names and addresses.

PART II:   This will ask how you were organized (type of company), this will be from the documents you submitted to your state.  

PART III:   You will be asked to demonstrate that your company meets requirements for a 501(c)(3), these are directly tied to the language you used in your Articles of Incorporation.  It will ask "where to find the information" and you write "Purpose Statement in Articles of Incorporation", for example.    For example, your "Purpose Statement" explains that your non profit has a charitable objective.  Just copy and paste it into Part III.   You'll be asked about your dissolution and windup practice.    Again, you point to the Articles of Incorporation.  

PART IV:   You'll be asked to explain your activites.  Keep to what you put in your Articles of Incorporation.  Keep it simple.  Don't use special punctuation, it will be kicked back as an error.   

PART V:  This will ask for your NTEE Code.  If you aren't sure what this is, look it up in an internet search.  Our research is you could use K30 (Food Programs), but we used K31.  "Organizations that gather, store and distribute food to indigents at no charge or at low cost.".   You will find a long list of Yes/No questions, read each one since every situation is different, for us the answer to each was "no".  

PART VI: Conflict of Interest;    We said "yes", that we wanted to adopt their policy, you may have some other reason to do different.  

PART VII:  This is asking for Financial History.  In our case, we are a start-up so all we have are projections.  They will accept your first 3 years projections.   Most of our financial information resulted in a 0 on their forms, we mainly just have some general expenses and some general income (grants) that we are projecting.  

PART VIII:  This is asking for Balance Sheet.   A balance sheet has Assets (perhaps your non profit owns a computer that has some value), liabilities (maybe you have an accounts payable such as a credit card with a balance on it), and the difference is equity.  In our case, we mainly have debt, so the equity is negative.  

PART IV:  Foundation Classification;  In our case the answer was the first option they gave.   

PART X: Effective Date;  for us the answer was "yes"

PART XI:  In our case the answer was no.

Additional Statements;  

In our case it looked like this;

The specific purpose of this corporation is to Provide services to home donation food programs across the u.S.A.

This corporation is organized and operated exclusively for the purposes set forth within the meaning of Internal

Revenue Code section 501(c)(3).

No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting

to influence legislation, and this corporation shall not participate or intervene in any political campaign (including the

publishing or distribution of statements) on behalf of any candidate for public office.

The property of this corporation is irrevocably dedicated to the purposes set forth herein and no part of the net income

or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of

any private person.

Upon the dissolution or winding up of this corporation, its assets remaining after payment, or provision for payment, of

all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is

organized and operated exclusively for charitable, educational and/or religious purposes and which has established its

tax-exempt status under Internal Revenue Code section 501(c)(3).

Notwithstanding any of the above statements of purpose and powers, this corporation shall not, except to an

insubstantial degree, engage 

The final choice you have, other than paying, is to ask for expedited service.   You are asked to provide evidence that you need your 501(c)(3) fast because you are in trouble otherwise; for example, maybe you are nearly out of cash and have some big debts that are due and you have a donor that insists you get your 501(c)(3) in advance.   In our case we were not in a hurry.

The final step is to attach your Articles of Incorporation and By-Laws as one .PDF (plus your expedited service request if you have one).    An internet search will show you some companies that allow you to drag and drop multiple .pdf's to their site and they give you one output.