NPO 501c3

Reviews
NPO 501c3 _________________________________________________________ JETAA New York Rob Tuck, President CJ Hoppel, Treasurer Current Status (continued) • Northern CA and NY are currently the only 501c3 organizations (N.CA established 1994) • JETAANY incorporated in 1996 • 2002 – decision not to explore 501c3 • 2005 – new leadership / issue of future GIA • 2006 – granted 501c3 status Goals / Progress • Many chapters already incorporated • Looking to get all chapters incorporated, and all chapters 501c3. Chapters not incorporated? Future plans? Inc.  501c3 • • • • Chapters encouraged to start 501c3 process Advantage: Bylaws required for GIA Bylaws first step for NPO MoFA funding is temporary – Original plan: funding = seed money – Purpose: build base & reputation in community • Rumors re: GIA – Future funding not guaranteed – Not sudden / instantaneous • 501c3 status is expected in future Multiple Forms of NPO • 501c(3), (4), (6), (7) • JETAA only fits (3) and (7) • (3) = community focused – Accepts tax deductible donations – Funding from outside sources – Political lobbying not permitted • (7) = social organization – Does not accept tax deductible donations – Funding from within membership – Political lobbying OK Why NPO 501c3? • Currently – none (or very little) self-generating funds for most organizations. So, why 501c3? • Focus: membership  501c7 – Social Club – – – – Posting jobs Apartment search network Happy hours Social gatherings • Focus: community relations  501c3 – All of the above + • Outreach with local Japanese organizations • Offer scholarships • Grants available for members/students to develop relations with Japan/Asia Our Decision JETAANY – 501c3 Social, Jobs & Housing Services + • Maintain long-term options open • Develop scholarship & grant possibilities • Strengthen ties with local Japanese community 501c3 Tools Bylaws Certificate of Incorporation (EIN #) Business Bank Account Budget Documentation NPO Filing Form Physical Address not affiliated with any individual or organization • Lawyer – Guide through process – File paperwork • • • • • • Steps to NPO If you have bylaws, a certificate of incorporation, and a JETAA business bank account, your next steps are to: 1- form a small committee 2- find a pro-bono lawyer Reasons for Multiple Committee Members • Time – Extra work to follow through with lawyer and file documents – Added time to meet with committee • Preserving Information – Passing info from leadership to leadership – Reasons for past decisions Lawyer Pros • Pro Bono Lawyers – no cost / filing cost only • Finding a lawyer – look in your alumni network for connections • JETAANY lawyer is JET alumnus – Contact local firms directly • Pro Bono lawyers are available by law Lawyer Cons • Non-paying clients are low priority • All scheduling is subject to the discretion of the lawyer • If they express willingness to move forward, be flexible with time and accommodate the lawyer’s schedule • Staff turnover – keep good notes! • Longer process than anticipated Taxes • Taxes! – Incorporated organizations required to file taxes regardless of income (GIA = income) – IRS is likely not to go after an organization with income less than $10K – 501c3  government will look at history • No filings = penalties • Imposed back-taxes for each year of no report • Important to follow tax laws regardless of current or future status Public vs. Private • Public vs. Private – 2 versions of 501c3: public and private – Public is preferred by our lawyers – fewer restrictions – Public = fewer restrictions, but 2/3 of funding must be public • Government grant $ considered private • JETAANY did not want to solicit money from individual donations or write proposals for grants • Solution: show that GIA is considered public funding – Build community awareness about Japanese culture – $ not approved for food or drink budgets • We have to generate 1/3 ourselves – seems like GIA counts against us. Unclear why. State Laws • State Laws – Depends on each individual state NPO requirements – Don’t leave anything out required by law • EG: Quorum requirement: amount of participation required to make a meeting, motion, or vote official – Lawyers will help to adapt bylaws early in the process Voting & Elections • Procedures for Voting and Elections – Depends on State • New York – all election notifications / ballots must be sent to all membership through the mail – Follow-up by email OK but initial announcement by mail – 10% or 100 member response required (use lower #) – Solution: Board of Directors chooses officers Choosing Board Members • All 501c3’s require a Board of Directors – Anywhere from 3 to 33 people (depending on state requirements) – Appointment Flexible • Make sure you follow state requirements and your bylaws • Officers OK as Board Members – Officers can be board members, but the board should consist of more than just the officers. – Officers decide the size of the board and invitations – JETAANY board is mainly former officers Questions Q&A Questions not answered today will be posted by end of August. Contact us: • Rob Tuck: president@jetaany.org • CJ Hoppel: treasurer@jetaany.org

Related docs
Other docs by legalstuff1