Forming a Georgia 501c3 Nonprofit Corporation
Forming a 501c3 nonprofit corporation in Georgia is a two-step process. The first
step is incorporating in Georgia by
choosing a business name and submitting Articles of Incorporation to the
Corporations Division, part of the Secretary of State’s office, located in Atlanta,
Georgia. This is done pursuant to Title 14 of the Code, or Official Code of Georgia
Annotated (OCGA).
The second step in the process, after you’ve incorporated, is to register your business
as a 501c3 corporation with the IRS, if you wish to operate as 501c3 nonprofit and
accept tax-deductable donations.
Forming a Georgia Nonprofit Corporation
Nonprofit corporations will submit the nonprofit version of the
Georgia articles of incorporation; if obtaining 501c3 status from the IRS
is the next step, those articles should include a few specific clauses addressing
that 501c3 status, as well as a specific purpose that corresponds to one of the
accepted 501c3 nonprofit purposes: charitable, scientific, literary, educational,
or religious. While the articles can certainly be
amended later, it’s a good idea to include the IRS-required information
right from the beginning.
While your specific situation of your Georgia nonprofit corporation may require
additional clauses, at minimum your nonprofit Articles of Incorporation will include:
- Your business name
- Your business purpose, including the specific purpose
- IRS-required language about dissolutions and disposal of assets under Section 501c3
- “The power of indemnification under the Georgia Revised Statutes shall not be denied
or limited by the bylaws.”
- Business location
- Registered agent’s name and address
- Incorporator’s name and address
Your Articles of Incorporation should be signed by the incorporator, or the person
that causes the articles to be filed.
Obtaining 501c3 Status for Your Nonprofit Corporation
Eligible Georgia nonprofit corporations can apply for 501c3 status from the IRS,
which will give them certain tax advantages.
The information you will need to provide to the IRS in order to become a 501c3 corporation
includes:
- Nonprofit Articles of Incorporation and specific 501c3 language attachment
- Description of your business purpose and activities
- Conflict of Interest form
- IRS Form 1023
- Corporate Bylaws
- Donation estimates for the first three years of business
- Information on fundraising organizations you are associated with
- List of corporate officers and their respective contracts
You may be required to provide more information that that listed above, depending
on your business activities and the IRS’s requirements.
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Georgia Startup Quicklinks
For information on other types of businesses in Georgia, please explore the links
below.