Georgia By-Laws of A Non-Profit Church Corporation

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US-04538BG
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Bylaws may not be in conflict with a corporation's articles or certificate of incorporation or with the law regulating corporations, nor may they contravene the general law or public policy. The drafter should also bear in mind that bylaws are intended to be more or less permanent rules or principles of organization and conduct, as distinct from resolutions dealing with specific transactions and events.

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FAQ

In Georgia, non-profit organizations are primarily regulated by the Georgia Secretary of State. They oversee the registration and compliance aspects of non-profits, including the filing of the Georgia By-Laws of A Non-Profit Church Corporation. Additionally, the IRS provides federal oversight, particularly concerning tax-exempt status. Being aware of both levels of regulation can help ensure your organization operates smoothly.

A nonprofit organization cannot go public in the same way that for-profit companies do. Nonprofits are designed to operate for public benefit rather than to generate profit for shareholders. However, nonprofits can seek donations and grants to fund their activities. If you are exploring the Georgia By-Laws of A Non-Profit Church Corporation, it's essential to understand this distinction.

A nonprofit organization can organize itself in four ways - as an unincorporated association, a trust, a corporation, or limited liability company. However, the IRS only recognizes LLCs as a nonprofit 501(c)(3) if all its members are 501(c)(3) organizations.

Bylaws are the rules used by the officers and directors to govern the organization. Georgia does not require a copy of the bylaws to be filed with the state. Regardless of filing requirement, their creation is a part of the formation process and is required by state law.

How to Start a Nonprofit in GeorgiaName Your Organization.Recruit Incorporators and Initial Directors.Appoint a Registered Agent.Prepare and File Articles of Incorporation.Publish Incorporation.File Initial Report.Obtain an Employer Identification Number (EIN)Store Nonprofit Records.More items...

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.

Apply for Permits and LicensesThe majority of Georgia nonprofits will not need a state-level business license of any kind. However, your county or city may have separate requirements and you can research local requirements through your city hall.

To legally establish your corporation, you must create and file nonprofit articles of incorporation with the Georgia Secretary of State Corporations Division. Georgia requires that the following information be included in a nonprofit corporation's articles: the corporation's name.

The state of Georgia only requires nonprofit organizations to have one board member, but the IRS rarely provides tax-exempt status with less than three unrelated board members. It is recommended for nonprofits to have three to twenty-five board members depending on the size and purpose of the organization.

A substantial majority of the board of a public charity, usually meaning at least two-thirds of its members, should be independent.

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Georgia By-Laws of A Non-Profit Church Corporation