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Trying to incorporate a religious non-profit organization in

 
N Cal Attorney's Avatar
  • Answered by:N Cal Attorney
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Customer Question

Trying to incorporate a religious non-profit organization in NY. For the "purposes" section, is this too vague?

"The purposes for which the corporation is formed are as follows:

(1) Provide educational, recreational, and spiritual programs and activities for youth designed to instill tolerance, peace, spiritual and intellectual education, good morals and ethics into their lives.
(2) Foster fellowship amongst the Muslim youth as well as youth of other faiths in the United States, which encourages them to become positive contributing members of society.
(3) Provide safe and healthy recreational alternatives for community youth to keep them off the streets and away from drugs, crime, and other such vices.
(4) Organize educational and spiritual retreats for the youth which will include camping and hiking trips to foster a greater appreciation for the natural environment as well as trips to visit significant historical sites.
(5) Pursue any legal means not inconsistent with Section 501(c)(3) of the Internal Revenue Code of 1986, as now enacted or hereafter amended (hereinafter the “Internal Revenue Code”), to best fulfill the above stated purposes."

Also, how do I add the IRS Tax code info? Does this work?

"FOURTH: To this end, the corporation shall at all times be operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986. All funds, whether income or principal, and whether acquired by gift or contribution or otherwise, shall be devoted to said purposes."

 

Optional Information:
Country relating to Question: United States
State (if USA): New York

Submitted: 280 days and 9 hours ago.
Category: Legal
Value: $25
Status: CLOSED
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Expert:  N Cal Attorney replied 280 days and 7 hours ago.

http://www.dos.ny.gov/forms/corporations/1511-f-l_instructions.pdf
has instructions on how to fill out the Certificate of Incorporation. The only thing that seems vague in your draft is the location of where the nonprofit intends to provide the services you described (which I assume is in the State of New York, but the Certificate is supposed to specify where the corporation intends to fulfill its religious or charitable purposes).

Please see page 3 at the above link for advice on how to draft the description of the Purposes of the nonprofit.

You wrote: "The purposes for which the corporation is formed are as follows:"

That line sometimes reads "The charitable and religious purposes for which the corporation is formed are:"

There are instructions on how to do this in NY posted at
http://www.nolo.com/legal-encyclopedia/forming-nonprofit-corporation-new-york-36079.html
but there are much more detailed instructions in How to Form a Nonprofit Corporation
from
http://www.nolo.com/products/how-to-form-a-nonprofit-corporation-nnp.html
which is available from the publisher or from most law libraries.

The New York Nonprofit Corporation statutes are available at
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@LLNPC+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=50736600+&TARGET=VIEW

http://www.dos.ny.gov/corps/bcfaq.asp#corpname
explains how to determine if the name you want to use for the corporation is available.

I hope this information is helpful.

Customer replied 280 days ago.

Thank you for your help. These links are great. Also, when we first tried to file, we put the IRS language in the purposes section. The DOS responded that this was wrong and needs to be its own section, properly labeled. What do they mean by this and how do I do that? Like above, I just made a new section. Will this work?

Accepted Answer

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Expert:  N Cal Attorney replied 279 days and 18 hours ago.

https://www.nyccoc.net/2012/index.php?option=com_edocman&task=document.viewdoc&id=2&Itemid=162
has a sample of a certificate of incorporation for a religious corporation. See Article 2 of that document for language that should be acceptable.

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Category: Legal
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Expert:  N Cal Attorney replied 279 days and 15 hours ago.

Thank you for accepting my answer.

 
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