In the beginning...

This blog is the official beginning of our goal of providing refuge to abused and neglected farm animals. We hope to edify the community of the mistreatment occurring behind their backs and will educate on positive, healthy alternatives.

Monday, June 21, 2010

Incorporation. Incorporator. Incorporate.

Some states actually require your non-profit business name to contain one of the words "incorporated", "association", "union", "company", "institute", "society", etc. Florida's bylaws requires one of the two (or their abbreviations) be used: "incorporated" or "corporation". Pretty limited, huh? Oh, and the corporate name may not contain "company" or "co" in the title.

Greener Pastures, Inc.

"Inc" just takes the nice ring out of "Greener Pastures". Hmph.

The first step in becoming a non-profit (after ensuring you should become a non-profit) is to incorporate with the state. This basically means the group will become its own entity. The state will treat the group like a single person (for legal simplicity). Make sense?
The person (me) who makes the decision to form a non-profit corporation and signs and delivers the articles of incorporation to the secretary of state is called the incorporator. Once incorporation is done, the incorporator's legal role is finished and they generally become a director and/or promoter.

Once you are a corporation you then file for tax exemption. Why, you ask? Because otherwise you would be subject to corporate income tax. And if you're not making lots of money (ie, you're a non-profit!) then you won't want to pay these fees. First you must apply at the federal level, then at the state level. As great as being tax-exempt sounds, there are downsides; lots of restrictions, for one!

But it doesn't stop there. Once you're incorporated and received tax exemption from the IRS and you're now tax-exempt in your state, you still need to file for the "charitable purpose exemption".
Wait, what? I'm a non-profit, aren't I already "charitable?"
Nope!
I have to prove that I am "providing services beneficial to the public interest."

Okay, so now I need to come up with a way to explain how a farm animal sanctuary and rescue is beneficial to the public at large. Hmmm...

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