Nonprofit charities are under the jurisdiction of state and national laws, so they must comply with both legal systems. With that in mind, the federal government requires a minimum of three board members to acquire coveted 501c3 tax-exempt status.
All nonprofits, including public charity 501(c)(3)s, are required to have a board of directors. Some organizations also have a membership that participates in governance. You've likely seen nonprofits like this. You may have even been a member of such a nonprofit.
The IRS generally requires a minimum of three board members for every nonprofit, but does not dictate board term length. What is important to remember is that board service terms aren't intended to be perpetual, and are typically one to five years. Service terms must be outlined in the nonprofit bylaws.
State Legality. Some states have strict qualifications for organizations to meet in order to reach state tax exemption and nonprofit status. Although there are no federal requirements on the matter, some states require 501c3 charitable organizations to have more than one member.
501(c)(3) organization. A 501(c)(3) organization is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of the 29 types of 501(c) nonprofit organizations in the US.
If you file Form 1023, the average IRS processing time is 6 months. Processing times of 9 or 12 months are not unheard of.
Choosing your Directors You must state the number of directors your organization will have in the Articles of Incorporation or your organization's bylaws. The state of Florida requires a nonprofit organization to have at least three directors. These directors must be at least 18 years old and unrelated.
If you file Form 1023, the average IRS processing time is 6 months. Processing times of 9 or 12 months are not unheard of.