JHB--
The first thing we did was get the EIN, then we incorporated then we went for the 501(c)3. Our EIN is under the name: "Parent Teacher Organization" and when we incorporated our state (in accordance with NJ laws) throws the designation at the end of the name (Inc, LLC, Nonprofit Corporation etc).
You're right on the amending -- it's annoying to do something that you should have done in the first place, then have to pay for it to boot!
MJK--your state's fee for filing articles of incorporation is $50. Here's the IL website for organizing Non-Profits. It also has forms and info you'll need as far as your state is concerend.
mjk, are you certain the $500 fee is for incorporation in your state? Like JHB has found in TX, our inc. fee in Michigan is around $25. $500 sounds out of line, but of course it's a state-by-state rule. Could you be confusing it with the fee required by the IRS to apply for federal 501(c)(3) status? Most medium-large PTOs would be charged $500. Just curious if your state really charges that much to incorporate - sure would cut down on the number of small corporations!
mjk i think i would think twice about spending that much money to have someone hired to incorporate you, i guess it would depend on the size of your group, assests, etc. When our group first started out I had the dept of coporation in our state tell me exactly how to fill it out. the guy went line by line but we were starting from scratch. the one thing that slowed us down was we have our school name in our name (Parents At Lanigan School) we were turned down at first until I got a letter from our district that had to be approved by the dept of education in NY stating that we could use our schools name. after that it was no big thing, now the 501 that was more time consuming!
"When you stop learning you stop growing."
We have by-laws but we are going to have to add a clause about dissolution and I think we need a mission statement. We have been told our fee to apply for incorporation is $500.00. The fee for our tax id # is small, then after we are incorporated.
You got your 501(c)3 FIRST and then incorporated and the IRS let you maintain the orginal 501(c)(3) designation? They told us that was impossible - that incorporating made us a different organization legally and that we'd have to re-apply. I know others here have gotten the same answer.
mjk - from what various members of the Forum have said in the past, incorporating (as a non-profit) is pretty easy. I know here in Texas, it's a simple form, a small fee (maybe $25). However, be aware of this...
When you incorporate, the "Articles of Incorporation" becomes your organizing instrument. Usually, the state will give you a very basic template to follow.
You'll still have your bylaws - which are the rules by which you operate. But - depending on what your documents look like now, you may want to streamline towards this purpose. (We have a robust constitution and bylaws. If we incorporate, we need to push a lot of the phrases in the Constitution to the bylaws.)
The State's template may not include everything the IRS will later require. I know several don't require a "dissolution clause" - which is mandatory with the IRS.
So you might want to make sure you include that during the incorporation so you don't have to later file an amended articles of incorporation.
