Under Virginia law, to have a nonprofit you only need to have one member on the Board of Directors. However, to be eligible for tax exemption with the IRS, we recommend that you have at least three directors.
Nonprofits are often referred to as corporations, but can they also be LLCs? They can, but it isn't typical.
Your bylaws must comply with Virginia state law, but also serve as a supplement to the code. Your nonprofit will also need to form a conflict of interest policy. This policy will ensure that all decisions made by the board and by the members, is in the best interest of the nonprofit.
How to Start a Nonprofit in Virginia Name Your Organization. Recruit Incorporators and Initial Directors. Appoint a Registered Agent. Prepare and File Articles of Incorporation. File Initial Report. Obtain an Employer Identification Number (EIN) ... Store Nonprofit Records. Establish Initial Governing Documents and Policies.
Any nonprofit group or organization located in Virginia, unless exempt, must register with the Virginia Department of Agriculture and Consumer Services.
Apply for Necessary Virginia State Business Licenses. You may also need additional federal and state business licenses to successfully and legally run your nonprofit. Review federal licenses and permits by business type and activity to see if any apply to your organization.
In general, most private companies have between three and nine directors. But a young startup might have just one or two board members, and a more mature company might have 10 or more. Most companies have an odd number of board members to avoid voting ties.
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.