Alabama Non Profit Corporation Laws

By David Carnes

In Alabama, you must form a nonprofit corporation by filing a specific type of incorporation document. Although the corporation will be subject to restrictions that do not bind for-profit corporations, Alabama nonprofit corporations enjoy significant tax advantages, and so do their donors. To receive federal tax benefits, you must apply separately to the IRS.

In Alabama, you must form a nonprofit corporation by filing a specific type of incorporation document. Although the corporation will be subject to restrictions that do not bind for-profit corporations, Alabama nonprofit corporations enjoy significant tax advantages, and so do their donors. To receive federal tax benefits, you must apply separately to the IRS.

Forming a Nonprofit

To form a nonprofit corporation in Alabama, you must complete a Domestic Nonprofit Corporation Certificate of Formation, file it with the Office of the Judge Probate and pay the filing fee. The Certificate of Formation requires you to list the corporation's name, your name and address, the corporation's mailing and principal office addresses, the name of the corporation's registered agent, the purpose of the corporation, and the names and addresses of at least three directors. You must also prepare corporate bylaws and keep them on file. Corporate bylaws act as a corporate governance operating manual and must comply with Alabama state law.

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Federal and State Nonprofit Tax Status

If the corporation was established for charitable, religious, educational, literary or scientific purposes, it can apply for federal 501(c)(3) nonprofit status by completing Form 1023. Form 1023 is a 28-page document that requires you to reveal extensive information about the corporation, its finances and its activities. If the IRS approves the application, the corporation will be exempt from most forms of federal income tax. The corporation may also declare itself exempt on its Alabama income tax return as long as it was formed for a 501(c)(3) purpose other than a literary purpose. Alabama may also exempt your corporation from other taxes, such as property and sales taxes.

Donor Tax Advantages

If you donate to a nonprofit corporation, you may deduct the amount of your donation from your taxable income if you itemize your deductions. If the donation kicks you into a lower tax bracket, your tax burden may be reduced by an amount greater than the amount of your donation. Generally, you may donate up to 50 percent of your adjusted gross income.

Management

An Alabama nonprofit corporation has no shareholders, and its ultimate authority must rest with the directors. Day-do-day matters can be handled by members, and by officers and other employees. The officers must include a president, a vice-president, a secretary and a treasurer. Salaries must be reasonable so that taxation authorities will not consider them to be disguised profits. The corporation may not make loans to its directors, officers or members. The corporation's activities must be geared primarily to its tax-exempt purpose.

Liability

Directors, members, officers and rank-and-file employees of an Alabama nonprofit are not liable for the financial obligations of the corporation. These people may be held liable under extraordinary circumstances, however: if the corporation commingles corporate and individual funds, for example, or distributes profits.

Dissolution

An Alabama nonprofit corporation may be dissolved by the directors or, if there are voting members, by the voting members. The dissolution must be evidenced by a written resolution. The corporation must pay its creditors and transfer any surplus assets to another nonprofit organization with a similar corporate purpose. The corporation must then file a Certificate of Termination with the Alabama secretary of state and pay a filing fee.

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Delaware Nonprofit Filing Requirements

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Illinois Not for Profit Corporation Law

The Illinois General Assembly enacted the General Not For Profit Corporation Act of 1986 to govern the affairs of nonprofit corporations. This law addresses the formation, structure and operations of nonprofit corporations. In addition, both the Illinois state government and the Internal Revenue Service offer tax breaks to nonprofit corporations.

Steps for Dissolving a Nonprofit

Nonprofit organizations usually aim to raise funds for a particular social, educational, charitable or religious purpose. Those in control of the organization may choose to dissolve it if it has achieved its purpose or if other circumstances dictate that dissolution is the best course of action. The precise steps for dissolving a nonprofit depend on the legal basis of the organization and the state where it is registered, but basic principles apply in almost all circumstances.

How to Dissolve a Charitable Non-Profit Organization

Charities provide important services to their communities, but many charities eventually cease to operate. For example, a nonprofit may complete its mission, or it might run out of funding or community support. However, dissolving a charitable nonprofit that is registered with the state is not as simple as closing the doors. A nonprofit must follow proper dissolution procedures according to state law, or it might incur fines or other penalties.

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