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Do you need a lawyer to file the paperwork for a non profit…

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Do you need a lawyer...
Do you need a lawyer to file the paperwork for a non profit organization home church and also which form do I need for ny state ?
Submitted: 7 months ago.Category: Business Law
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1/15/2018
Business Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Business Law
Satisfied Customers: 5,446
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Business Lawyer: DamienJD, Attorney replied 7 months ago

You do not need an attorney to complete the paperwork, but it is a good idea to have an attorney involved in the process from the very beginning. In other words, the proposed board members or officers can do much of the paperwork and take the lead but they should periodically have a consultation with the same attorney so the attorney can offer advice and answer questions they may have. Also, because it is a religious organization the hourly rate will be a less than for a regular corporation.

You can find an attorney in your local county by using the bar association lawyer referral service. If you tell me the county, I can look up the number for you.

Besides filing incorporation documentation and the application for 501(c)3 status, you would also have bylaws drafted and describe the various boards and committees and the requirement for hiring a Pastor and the duties of each person or board involved.

We can continue to discuss this if you want.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 7 months ago
Ok
Business Lawyer: DamienJD, Attorney replied 7 months ago

Please see above for my response. We can continue to discuss if you want to do so.

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Customer reply replied 7 months ago
I could do all the work without a lawyer legallly ? And what about form 1023 or 1023 ez wish one will I need
Customer reply replied 7 months ago
also it's an autism home church I want donations and its kinda like a home youth group I don't want a pastor involved
Customer reply replied 7 months ago
W
Customer reply replied 7 months ago
Hi are you there
Business Lawyer: DamienJD, Attorney replied 7 months ago

Yes. Hold, please. I am researching.

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Customer reply replied 7 months ago
Ok thankyou
Customer reply replied 7 months ago
It's Greene county catskilll ny
Business Lawyer: DamienJD, Attorney replied 7 months ago

You can do the forms without a lawyer. If this is Church, you would use Form 1023, not the 1023ez. The 1023 ez is not for Churches.

Note that Churches are not technically required to file Form 1023 to be considered a tax-exempt organization. However, by filing Form 1023, churches can obtain a Determination Letter from the IRS that is considered proof that the church is a 501(c)(3) tax-exempt organization.

You would call 1(###) ###-####to request an attorney to speak to if you want an attorney in your area.

I hope I answered all your questions at the moment.

If so, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. If I have not answered all your questions, just let me know what more you need. Best regards.

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Customer reply replied 7 months ago
How will I receive donations do I need a ein number to open bank account also how long will it take to fill the paperwork and receive a response and if I'm rejected when can I reapply and is there a fee
Customer reply replied 7 months ago
To start the church
Customer reply replied 7 months ago
How do I write the bylaws up
Customer reply replied 7 months ago
if I'm not the owner can I still start this church
Customer reply replied 7 months ago
It's an estate I don't own it
Customer reply replied 7 months ago
yet I have a will though
Customer reply replied 7 months ago
Do I file the papers in my state or county
Customer reply replied 7 months ago
U their sir
Business Lawyer: DamienJD, Attorney replied 7 months ago

Yes. You would need an EIN. You can get an EIN once you open the company and apply for it on the IRS. You would have to look at templates of other bylaws of churches to draft your own (that is what a lawyer would do). Form1023 application can take about 6 months. There is no owner of churches or nonprofits. Estates and will have nothing to do with setting up a nonprofit. You incorporate with the state.

I hope I answered all your questions at the moment.

If so, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. If I have not answered all your questions, just let me know what more you need. Best regards.

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Customer reply replied 7 months ago
if I file it without the form how long would it take since its not mandatory
Customer reply replied 7 months ago
form do I have to use if don't have to use 1023 and is there a fee for filling any forms
Customer reply replied 7 months ago
If I don't file it can I still receive donations
Business Lawyer: DamienJD, Attorney replied 7 months ago

To set up the corporation and received the EIN can take as quickly as a week if you get expedited service. You set up the corporation with the state department. You can receive donation but it is harder to do so without the IRS approval using the 1023 because people want proof that it is legitimate.

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Customer reply replied 7 months ago
How many members do I need for my church
Customer reply replied 7 months ago
what will be there positions
Business Lawyer: DamienJD, Attorney replied 7 months ago

You would need three members to start the nonprofit.

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Customer reply replied 7 months ago
To setup it up what do I have to send in and I won't send in the 1023 form
Customer reply replied 7 months ago
Tell me exactly everything I need to send in and do I mail it to my county or walk in
Customer reply replied 7 months ago
How does that work
Business Lawyer: DamienJD, Attorney replied 7 months ago

It is impossible for me to do that from this site. That is what an attorney would do for you. You would have to hire a private attorney. I provided you the phone number to get one.

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Customer reply replied 7 months ago
What do I send in without the attorneys help just what forms since I won't be sending in the 1023
Customer reply replied 7 months ago
I'm willing to be my own attorney
Customer reply replied 7 months ago
do all the work
Business Lawyer: DamienJD, Attorney replied 7 months ago

Okay. I will provide you with the link to the New York State Department's step by step guide. This will help you:

https://www.dos.ny.gov/forms/corporations/1511-f-l_instructions.pdf

I have been happy to help you with all of your questions

Please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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