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Business/corporate/NPO: do I really need 2 different

For Tina, business/corporate/NPO: do I...
For Tina, business/corporate/NPO: do I really need 2 different entities for this? I want to start an NPO that helps handicapped and disadvantaged people travel around the country, sometimes using commercial carriers and sometimes using our own equipment. Do I have to have 2 different legal entities, one to be a tax-exempt NPO to raise the funds thru donations and grants, and a separate LLC that actually does the transporting and owns all the equipment?
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Answered in 7 minutes by:
3/28/2010
Tina
Tina, Attorney
Category: Business Law
Satisfied Customers: 33,167
Experience: licensed attorney for 13 years including employment, business, contract, domestic, and general civil
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Thank you for contacting our JA team. I am not a business law expert with JA, so will reclass you question for one of them to answer. Take care.
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dkennedy
dkennedy, Attorney
Category: Business Law
Satisfied Customers: 6,009
Experience: JD degree, business owner
Verified

Hello,

I can help you with this. What state are you in?

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Customer reply replied 8 years ago
Relist: No answer yet.
WE are based in Kansas but transport clients nationwide, state to state

Hello,

I asked what state you were in, because you will have to incorporate in at least one state, and possibly in more than one state, as a non-profit corporation. If you solicit funds, or set up an office--things like that--you would have to register or possibly file incorporation papers in that particular state. If you just transport someone through the state or to an address in a different state, I would not assume you would have to do so.

You would not necessarily need to set up another entity to own the carriers, etc. Much the same as the Salvation Army owns buildings and vans, and such, your non-profit could own these things. Of course, your organization could also lease them from another entity--whatever works. Many non-profit organizations own a lot of assets, including property donated to them, property they use, even investments for the benefit of the organization.

If you have a "profit" LLC or something similar, and get it too intermingled with the non-profit corporation, you may have problems. You could jeopardize your IRS status, not to mention your registration status at the Secretary of State.

dkennedy
dkennedy, Attorney
Category: Business Law
Satisfied Customers: 6,009
Experience: JD degree, business owner
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