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I have a nonprofit organization. It's not a registered

Customer Question
I have a nonprofit...

I have a nonprofit organization.

Lawyer's Assistant: Can you tell me where the nonprofit is registered?

It's not a registered 501c3

Lawyer's Assistant: Has anything been officially filed? If so, what?

bylaws

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am just wondering if i am the only one to have signed the bylaws and the board of directors did not, and the fact that we are not a registered nonprofit, does that make the board of directors a legitimate board of directors

Submitted: 9 months ago.Category: Business Law
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11/2/2017
Business Lawyer: Richard - Bizlaw, Attorney replied 9 months ago
Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,841
Experience: 30 years of corporate, litigation and international law
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Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

You can be a non profit organization that is not registered as a 501(c)(3) organization or otherwise registered with the IRS. However, until you are so registered with the IRS contributions will not be tax deductible under federal law. You may also have a restriction on your activities from those normally available to non profits at the state level. As for the bylaws, the Board has to adopt the bylaws but each board member is not required to sign them. It is sufficient if there is a resolution adopting the bylaws.

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Customer reply replied 9 months ago
my initial question here is that if I am the founder but not a board member can I dissolve the board considering there is no 501 c 3 status? In short can the board just be considered people just helping run certain functions of the organization and can be relieved of their duties at any given time by me?
Customer reply replied 9 months ago
The reason I want to dissolve the board is so that we can move into a fiscal sponsorship
Business Lawyer: Richard - Bizlaw, Attorney replied 9 months ago

Does the organization's charter documents require the creation of a board? Has the board already been put in place?

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Customer reply replied 9 months ago
we never had a charter document. All I did was created by laws
Customer reply replied 9 months ago
The only reason we formed a board was because we were contemplating obtaining a 501 c 3 status and we know that there needed to be a board of Administrators before a 501 c 3 status could be obtained
Customer reply replied 9 months ago
There is currently a board in place
Customer reply replied 9 months ago
However there is no legal documentation pertaining to these particular individuals being legal board members
Business Lawyer: Richard - Bizlaw, Attorney replied 9 months ago

Given the lack of any formal legal documents, I do not believe you have created any organization at all. For this reason you are free to do as you choose. You need to have an organizational document that sets forth the purpose of the organization, how it is to be organized and function. Bylaws are just the procedures that determine how the organization operates, they are not the charter document that forms the organization. Think of the charter document is the equivalent of a certificate of incorporation.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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Customer reply replied 9 months ago
basically what you are saying is I, Richard Schafferman, as founder, have the authority to dissolve the board and move forward with the fiscal sponsorship?
Business Lawyer: Richard - Bizlaw, Attorney replied 9 months ago

What I am saying is that you have not created anything yet. You are in the process of creating something but it has not been created as yet. Consequently, you can modify what you have done so far in any way you see fit to create an actual organization.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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