How To Start A Nonprofit Organization In Georgia – To form a nonprofit corporation in Georgia, you must file nonprofit articles of incorporation with the Secretary of State of Georgia. You can submit articles to your nonprofit organization online or by mail. Registration of constituent documents costs $100. Once filed with the state, your memorandum of association formally creates your nonprofit corporation in Georgia, but truly preparing a nonprofit to fulfill its mission involves a few extra steps.
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How To Start A Nonprofit Organization In Georgia
To register a Georgia non-profit organization, you must complete and file the Non-Profit Articles of Association with the Georgia Secretary of State and attach the Information Transfer Form (see below) to your articles. See the document below and click on any number to see what information is required in the relevant section.
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The name of your non-profit organization must contain the word “corporation”, “incorporated”, “company”, “limited” or the abbreviation “Corporation”, “Inc.”, “Co”, or “LLC”. The name may not be obscene or contain words that imply a corporate purpose other than that provided by your nonprofit’s Articles of Association and the laws of the State of Georgia. It cannot exceed 80 characters and must be distinguishable from other organizations operating in Georgia.
Your Georgia non-profit organization’s articles of association must include the following statement (verbatim): “The corporation is organized under the Georgia Non-Profit Corporations Code.”
Enter the name, mailing address, and county of your registered agent in Georgia. This is the “registered office” where the state will deliver procedural services (legal notices) and other official government mail. When you hire Northwest as a registered agent, our information goes here.
Indicate whether your Georgia nonprofit will have members by including one of the following simple statements: “The corporation will have members” or “The corporation will not have members.”
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Enter your non-profit organization’s principal address—the address of its principal place of business if different from its registered office. You can enter a PO Box address here if you like, or you can use a Northwest address in Georgia instead.
The State of Georgia does not require nonprofits to describe their purpose, but if your nonprofit intends to seek tax exemption under 501(c)(3) from the IRS, include an additional section that uses the specific language required by the IRS to restrict your non-commercial activity. activities solely for the achievement of one or more tax-exempt purposes approved by the IRS. The IRS expects to see this wording in your nonprofit’s bylaws when you apply for exemption recognition.
At least one founder or attorney must sign and date your articles of incorporation and indicate their position as founder or attorney.
Georgia charges $100 for Memorandum of Association filing and an additional $100 for 3 business days expedited processing.
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In addition, you must pay $40 to publish a notice of your intent to register a company in the Georgia State Gazette, $35 to register as a charity with the Securities and Charities Division of the Office of the Secretary of State of Georgia, and $30 for the initial annual a report from your non-profit organization. Registration Report ($40 if filed in paper form).
After your articles of incorporation are filed, it will take approximately 12 business days for the state to process your articles of incorporation. Expedited processing within 3 business days is available for $100. You can get same day service for $250 and 1 hour service for $1,000.
The information submission form asks for basic information about your nonprofit—your company name and type, information about your founder and registered agent, and proof that your nonprofit has sent or will send a notice of intent to register to a local newspaper—and you can find online at the Georgia Secretary of State website. Submit the Disclosure Form along with your nonprofit’s bylaws. There is no separate filing fee.
Yes, you need a registered agent in Georgia to receive legal notices (procedural services) for your non-profit organization. You can do this work yourself, but there are pitfalls. A registered agent must list an address in the state of Georgia on your nonprofit’s Articles of Association, which is a public document, so any address you provide becomes public. You will also be required to be at this address during regular business hours, which means you cannot hold long meetings, travel for extended periods of time, or do anything else that could make you unavailable if the process service ever shows at your door.
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The best option? Hire Northwest Registered Agents and your articles can include our Georgia office address instead of yours. It will cut down on junk mail, prevent unwanted lawyers from appearing at your door, and give you the freedom to manage and grow your non-profit organization on your own terms. If you ever receive any legal notice from the state, we will scan and mail the documents to you the same day we receive them.
Any new nonprofit organization in the state of Georgia must publish a notice of intent to register in the local newspaper (that is, in the county where your nonprofit organization has its registered office). You will pay $40 to publish, and the publication must be in a newspaper acceptable to county clerks (called the “official legal body of the county”). Contact your county clerk to determine which newspapers are acceptable and mail your notice of intent no later than the day after filing your Bylaws with the Minister of State of Georgia. Learn more in Northwest’s guide on how to post a registration notice in Georgia.
Your non-profit organization will need a Federal Employer Identification Number (FEIN or EIN) if it intends to apply for federal and state tax exemption, open a bank account (at least with most banks), and manage its finances and business operations in in general. After the state approves your Articles of Association, you can apply for an EIN on the IRS website. Or you can let us handle the IRS for you and add our EIN service for an additional fee when you hire Northwest.
The state of Georgia requires that the founders or board of directors of your non-profit organization adopt a charter at an organizational meeting. This is the first official meeting where you complete the organization of your new non-profit organization. Why? Because the bylaws govern how your nonprofit operates internally. They say, for example, who is on the board of directors, how long they can stay on it, how they can be replaced, and what their powers and responsibilities are (among many other details about officers, membership, minutes of meetings, etc.). Essentially, the bylaws define and limit the powers of all members of your non-profit organization.
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Bylaws are difficult to write, which is why Northwest provides a customizable nonprofit charter template and many other free nonprofit forms when you hire us to start your nonprofit or sign up for our registered agent service. Check out our free lawyer drafted nonprofit charter template and learn more about Georgia nonprofit charter.
Georgia nonprofits pay federal and state taxes unless they apply for (and receive) available tax credits. At the federal level, nonprofits that qualify as exempt organizations under section 501(c) of the Internal Revenue Code are not required to pay federal taxes if they apply for tax exemption recognition with the IRS and pay the required fees ($275 for small nonprofits). organizations filing Form 1023-EZ and $600 for everyone else). 501(c)(3) status for public charities and private foundations, the most common tax-exempt organizations, requires a non-profit organization to include specific tax-exempt language required by the Internal Revenue Service, dedicating its activities solely to the pursuit of one or multiple tax-exempt targets. The IRS will send a letter to your nonprofit organization to determine if and when it will recognize you as a tax-exempt organization.
If your nonprofit succeeds in obtaining 501(c)(3) status, it will be exempt from Georgia income tax provided you attach copies of your IRS decision letter when filing your nonprofit’s state tax return, but almost every nonprofit ( including most charities and religious organizations) pays sales and use taxes in the state of Georgia. The Georgia Department of Revenue website lists the few organizations, such as nonprofit food banks and blood banks, that are also exempt from state sales tax. Find out more on our tax exemption page in Georgia.
Georgia does not issue a statewide general business license, but many counties and cities have their own business licensing requirements, and requirements for non-profits vary widely (with some counties and cities exempting organizations entirely from 501(c) (3)). Your best bet is to call the business licensing office at your local city hall for the exact requirements for your non-profit organization.
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If your non-profit organization will collect charitable donations from the public, you must register as a Georgia Charitable Organization with the Office of the Secretary of State’s Office of Charities. This must happen prior to requesting donations in Georgia. You must pay a $35 down payment, file a charity registration form (Form C-100), and any additional documents required by GA’s Securities and Charities Division. You will renew your registration for $20 every year.
To open a bank account for your non-profit organization in Georgia, you will need to bring the following items with you:
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