HOW TO FORM A NONPROFIT IN OKLAHOMA ONLINE
What is an Oklahoma Nonprofit Corporation?
explain
An Oklahoma Nonprofit Corporation is sometimes called an Oklahoma Not-For-Profit Corporation.
An Oklahoma Nonprofit Corporation is an organization that is legally registered with the Oklahoma Secretary of State.
While the federal government must approve the tax-exempt status of an Oklahoma Nonprofit Corporation,
an Oklahoma Nonprofit Corporation is not initially registered with any US government agency.
An Oklahoma Nonprofit Corporation is an organization that works to serve some kind of public interest
rather than to provide financial benefit to any particular individuals or entities.
Many Oklahoma Nonprofit Corporations have much in common with Oklahoma For-profit Corporations.
This includes the liability protection that comes with a legally registered Oklahoma Nonprofit Corporation.
A lot of Oklahoma Nonprofit Corporations hire managers and employees just like an Oklahoma For-profit Corporation does.
The application process for an Oklahoma Nonprofit Corporation is very similar to that of
an Oklahoma For-Profit Corporation.
Contrary to popular belief, Oklahoma Nonprofit Corporations can and do make money.
In an Oklahoma Nonprofit Corporation, any profits must legally go directly back into the Oklahoma Nonprofit Corporation.
Do I need a lawyer to Form an Oklahoma Nonprofit Corporation?
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The short answer is no. The state of Oklahoma does not legally require a lawyer to form an Oklahoma Nonprofit Corporation.
However, if there is anything about forming an Oklahoma Nonprofit Corporation that you're not sure about you
should seek the advice of a competent Oklahoma lawyer, an Oklahoma accountant, or both BEFORE you Incorporate.
Once you have made the decision to Form an Oklahoma Nonprofit Corporation, a lawyer can file your documents and act as a middle man for a few hundred
dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you
can use in your new Oklahoma Nonprofit Corporation.
What are the most common types of Oklahoma Nonprofit Corporations?
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An Oklahoma Nonprofit Corporation is formed to provide some kind of public or community benefit.
Unlike the other types of Oklahoma Corporations and LLCs, an Oklahoma Nonprofit Corporation
may be eligible
for certain benefits, including tax exemptions on both the state and federal levels.
Depending on the nature of the organization, some Oklahoma Nonprofit Corporations may not be eligible for tax exempt status.
An Oklahoma Nonprofit Corporation may also be eligible for public and private grants.
An Oklahoma Nonprofit Corporation is formed in a similar way as that of forming an Oklahoma For-profit Corporation.
Oklahoma Nonprofits must file Articles of Incorporation in the same way that Oklahoma For-profit Corporations do.
An Oklahoma Nonprofit Corporation comes with the same liability protection as the other types of Oklahoma Corporations.
The main difference between an Oklahoma Nonprofit Corporation and an Oklahoma For-profit Corporation is how
the profits of the Oklahoma Corporation are distributed,
In an Oklahoma For-profit Corporation profits can be distributed to shareholders.
Oklahoma Nonprofits are legally required to use the income to further a goal that benefits the community or some part of the public.
The most common types of Oklahoma Nonprofit Corporations are:
- Oklahoma Public-benefit Nonprofit Corporations
Organized for the general public benefit, rather than for the interest of its members or shareholders
Formed primarily for social, educational, recreational or charitable purposes
Examples are food banks and youth sports organizations
- Oklahoma Religious Corporation
Organized to promote religious purposes
Subject to less complicated filing and reporting requirements than other types of Corporations
May be exempt from regulations governing non-religious groups performing the same services
- Oklahoma Mutual-benefit Nonprofit Corporation
Serves its members in ways other than just distributing profits to them
Cannot obtain IRS tax-exempt status as a charitable organization
Pays the same taxes as For-profit Corporations
Examples are homeowners associations or a public utility companies
While most federal tax exempt organizations are Nonprofit Corporations, registering an Oklahoma Nonprofit Corporation
does not automatically qualify the Oklahoma Nonprofit for tax exempt status at the federal level.
The IRS recognizes various types of tax exempt Nonprofit Corporations.
To receive federal tax exempt status an Oklahoma Nonprofit Corporation must file forms with the Internal Revenue Service.
The forms can get very complex depending on the nature of the Nonprofit.
Also, an Oklahoma Nonprofit Corporation cannot legally use its resources for propaganda or to further a political cause
or to support a candidate for public office.
What is the difference between an Oklahoma Nonprofit Corporation and an Oklahoma Benefit Corporation?
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One of the major responsibilities of an Oklahoma For-profit Corporation is to increase shareholder value.
For most Oklahoma Corporations the pursuit of shareholder value is done without regard for specific benefits to the public.
The only benefits that matter are those that benefit the shareholders, who are the owners of the Oklahoma Corporation.
Oklahoma For-profit Corporations often face pressure to abandon social goals in order to increase their bottom line.
Oklahoma Nonprofit Corporations are formed to provide some kind of public benefit but may be restricted in their ability to raise capital
when they need to grow.
The state of Oklahoma has created a new kind of For-profit Corporation which has a legal responsibility to include some
kind of public benefit in their Corporate operating requirements.
An Oklahoma Corporation of this kind is called an Oklahoma Benefit Corporation or an Oklahoma B Corporation.
Benefit Corporations are a hybrid between a For-profit and nonprofit Corporation.
Operating capital is easier to raise for an Oklahoma Benefit Corporation and the Oklahoma Benefit Corporation is
required to provide some kind of public benefit.
Benefit Corporations do not have any special tax breaks or benefits.
Benefit Corporations are taxed just like any other Oklahoma Corporation is taxed.
To qualify as an Oklahoma Benefit Corporation, a Corporation must have an explicit social or environmental mission, and a legally binding
fiduciary responsibility to take into account the interests of workers, the community and the environment as well as its shareholders.
An Oklahoma Benefit Corporation must also publish independently verified reports on its social and environmental impact
alongside its financial results.
Some examples of the specific public benefit that an Oklahoma Benefit Corporation must provide, among others, include:
- Providing low-income or under served individuals or communities with beneficial products or services
- Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business
- Preserving the environment
- Improving human health
- Promoting the arts, sciences or advancement of knowledge
If needed, we can help you form a Benefit Corporation in Oklahoma.
Who owns an Oklahoma Nonprofit Corporation?
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No one person or group of people can own an Oklahoma Nonprofit Corporation.
Once it is incorporated, the Oklahoma Nonprofit Corporation is a separate legal entity from its founders, directors, officers, and
employees.
The Oklahoma Nonprofit Corporation itself owns assets of the business and is entitled to receive all revenues from its operation.
Any equity in an Oklahoma Nonprofit Corporation belongs to the organization itself, not to the founders, board of directors or staff.
In addition, an Oklahoma Nonprofit Corporation cannot be sold to another individual, corporation or organization.
Can an Oklahoma Nonprofit Corporation make money?
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Contrary to popular belief an Oklahoma Nonprofit Corporation may actually make a profit.
Many Oklahoma Nonprofit Corporations derive much of their funding from tax-exempt donations.
Sometimes an Oklahoma Nonprofit Corporation can receive more in donations that the costs to actually run the organization.
An Oklahoma For-Profit Corporation may distribute any excess assets to its owners or shareholders.
There is no distribution of assets in an Oklahoma Nonprofit Corporation.
In an Oklahoma Nonprofit Corporation all of the money earned by or donated to the Oklahoma Nonprofit organization
is used in pursuing the organization's objectives as stated in its Articles of Incorporation.
Any excess capital after the close of the Oklahoma Nonprofit Corporation's fiscal year must be kept in the Oklahoma Nonprofit's accounts.
Are all Oklahoma Nonprofit Corporations Tax Exempt?
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The state of Oklahoma does not have a Corporate income tax so there is no need for a Nonprofit Exemption from Oklahoma Corporation income taxes.
What is a 501(c)(3) Nonprofit Corporation?
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501(c) refers to a section of IRS code which deals with tax exempt organizations including, but not limited to,
Nonprofit Corporations.
The most common type of tax-exempt organization falls under section 501(c)(3) of the IRS code.
This section of the IRS code allows an Oklahoma Nonprofit organization to be exempt from federal income tax if its activities include any of the
following purposes:
- Charitable
- Religious
- Educational
- Scientific
- Literary
- Testing for public safety
- Fostering amateur sports competition
- Preventing cruelty to children or animals
There are other types of 501(c) tax exempt organizations defined in the IRS code - 29 of them - but 501(c)(3) tax exempt organizations
are by far the most common in the state of Oklahoma and the US.
One advantage to qualifying to be a 501(c)(3) tax exempt organization is that most foundations will only make grants
to 501(c)(3) Nonprofits.
Tax exemption does not excuse an Oklahoma Nonprofit organization from maintaining proper records and filing any required annual or special-purpose tax
returns if they are required.
Failure to file required returns such as Form 990 (Return of Organization Exempt From Income Tax) may result in fines.
One prohibition for 501(c)(3) organizations is that they are prohibited from conducting political campaign activities to intervene
in elections to public office.
There are, however, provisions which may allow some 501(c)(3) organizations to legally lobby to influence legislation.
What information does a Nonprofit need before it can apply for 501(c)(3) Tax Exempt Status?
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BEFORE you apply with the IRS for 501(c)(3) Tax Exempt status it will need the following:
- Articles of Incorporation approved by the Oklahoma Secretary of State
- Bylaws
- Federal Employer Identification Number (EIN)
- Statement of purpose that meets IRS requirements
- Statement that your Nonprofit Corporation will not engage in prohibited political or legislative activities
- A Plan of Dissolution describing the distribution of assets upon dissolution
There is also very specific language which needs to be included in your Articles of Incorporation which are filed with the Oklahoma
Secretary of State if you want to get 501(c)(3) Tax Exempt Status.
When a Nonprofit Corporation dissolves all remaining assets
must be distributed to other active Nonprofits.
None of the remaining assets can be distributed to any directors, members or staff.
If you want to apply for 501(c)(3) Tax Exempt Status we will make sure your Articles of Incorporation include everything that the IRS needs
before we submit them to the state.
What happens when an Oklahoma Nonprofit Corporation wants to shut down?
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When an Oklahoma Nonprofit Corporation wants to cease operations, any assets of the Oklahoma Nonprofit Corporation
must be distributed to other Nonprofits which were formed for similar purposes as the Oklahoma Nonprofit Corporation which is
closing.
Under no circumstances can an Oklahoma Nonprofit Corporation distribute any remaining assets to its founders, directors or
employees.
How can I Form an Oklahoma Nonprofit Corporation Online?
If you are ready to
Form an Oklahoma Nonprofit Corporation simply choose which Oklahoma
Nonprofit options that you want in the upper right corner of this screen then click the
Next Step button.
You will be directed to a screen on which you can enter your specific an Oklahoma Nonprofit information and finalize your order.
If you have any questions regarding our Oklahoma Nonprofit services you can call us at
855-771-2477 or email us at
CorpServices@AllBizDocs.com.
OKLAHOMA NONPROFIT COST ESTIMATOR
Our OK Nonprofit Processing Services include:
(These services are included in our processing fees)
Optional Oklahoma Incorporation Services
(Choose options, cost is updated automatically)
- Express Mail - $35
explain
If you really need your original approved Articles of Incorporation in your hands quickly, the
Express Mail option can cut the delivery time in half.
The Express Mail option has no effect on the Oklahoma Secretary of State's processing time.
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OK Registered Agent - $135
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Every Oklahoma Nonprofit is required to have an address within the state of Oklahoma where
official and legal correspondence can be delivered.
The individual or company that is registered with the state of Oklahoma to receive all correspondence
on behalf of the Nonprofit is called a Registered Agent.
You may act as your own Registered Agent, however, many Nonprofits hire a Registered Agent because they don't have a physical address within
Oklahoma or to provide a distinct level of privacy.
We can act as your Oklahoma Nonprofit Registered Agent.
This is an annual service.
We will forward all correspondence to you and will remind you when it is time to renew your OK Registered Agent services.
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Customized Bylaws - $75
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Bylaws are the rules by which your Oklahoma Nonprofit must operate.
Every new Oklahoma Nonprofit requires bylaws.
Almost anything may be written into the bylaws, however, the bylaws must not be in violation of any law or
your Oklahoma Nonprofit's Articles of Incorporation.
We can create customized initial bylaws for your Oklahoma Nonprofit that are based on your specific business requirements.
As your company grows over time, you may amend your bylaws as necessary.
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OK Good Standing Certificate - $55
explain
An Oklahoma Good Standing Certficate is proof of the existence of your new Oklahoma Nonprofit.
The Certificate is issued by the Oklahoma Secretary of State and is proof that your OK Nonprofit is not behind on any
of its Oklahoma Secretary of State Corporate obligations.
An Oklahoma Good Standing Certificate is often required for loans, to apply for business licenses, or for tax or other business purposes
in the state of Oklahoma or in any other state.
We can get your Oklahoma Good Standing Certificate immediately after the Oklahoma Secretary of State has approved your Nonprofit application.
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Federal EIN - $65
explain
An FEIN is like a Social Security Number for your Oklahoma Nonprofit.
We can get your FEIN on the same day that your Articles of Incorporation are approved by the Oklahoma Secretary of State.
You can get your FEIN before your articles are approved by the Oklahoma Secretary of State but it's a good idea to wait until
after approval.
Your filing may be rejected or the Nonprofit name that you want may not be approved.
Changing information on an FEIN filing is not a trivial exercise with the IRS.
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Nonprofit Kit and Seal - $99
explain
While you're not required to have a Nonprofit Kit and Seal for your new Oklahoma Nonprofit they do come in handy.
The OK Nonprofit Kit consists of a beautiful customized binder, stock certificates, a stock ledger
and your custom Nonprofit Seal.
The Nonprofit Seal is used to emboss important company documents, such as stock certificates.
The binder also includes dividers so you can use it for all of your Oklahoma Nonprofit record keeping.