What this service is
Forming a nonprofit means creating a legal entity under your state's law, usually a nonprofit corporation, with the governing documents it needs to operate and to apply for federal tax-exempt status. We prepare those documents and help you file them.
The articles matter most. Your articles of incorporation (some states call them a certificate of incorporation) are your organizing document. The IRS requires a 501(c)(3) organizing document to limit your purposes to those listed in section 501(c)(3), such as charitable, religious, educational or scientific purposes, and to permanently dedicate your assets to those purposes if you ever dissolve. Generic state templates often miss one or both clauses, which means amending before you apply. See our guide to articles of incorporation for a 501(c)(3).
Who needs it
- Founders who have decided to start a nonprofit and want the formation done correctly the first time.
- Groups already operating informally, such as a volunteer food pantry or a parents' booster club, that are ready to become a separate legal entity.
- Business owners setting up a charitable foundation.
Still deciding? Read whether to start a nonprofit and our guide to fiscal sponsorship.
What's included
- Articles of incorporation with a purpose clause and a dissolution clause drafted to meet the requirements in Part III of Form 1023.
- State filing support: we prepare the articles in your state's required format and help you submit them to the state filing office, usually the secretary of state.
- Bylaws covering your board, officers, meetings, quorum, voting, committees and amendments. See our guide to nonprofit bylaws.
- Organizational minutes and resolutions for your first board meeting: adopting the bylaws, electing officers, authorizing a bank account and authorizing the exemption application.
- A conflict of interest policy for your board to adopt.
- EIN application: we prepare the information for your employer identification number and help your responsible party submit it to the IRS.
- Registered agent guidance: we explain what a registered agent does, what your state requires and how to choose one.
What we need from you
- The proposed legal name of your organization and the state where you will incorporate.
- A plain description of what you plan to do, for whom and where.
- Names of your initial directors and officers.
- The name and in-state address of the registered agent you choose. You can serve yourself if your state allows it, or you can hire a commercial registered agent. We do not act as registered agent.
- The name and taxpayer ID number of the person who will be the responsible party for the EIN.
How it works
- Intake. You complete our intake form and we confirm the state, the structure and the scope of work. You receive a fixed quote before work starts.
- Drafting. We draft the articles, bylaws, minutes, resolutions and conflict of interest policy, and send them to you for review.
- State filing. Once you approve the articles, they are filed with your state. The state's filing fee is paid to the state.
- EIN. After the state confirms that the corporation exists, the EIN application is submitted. The IRS advises forming the corporation with the state first, and it does not charge a fee for an EIN.
- First meeting. Your board adopts the bylaws and policies and signs the minutes.
- Next step. You are ready to apply for exemption through our Form 1023 preparation or Form 1023-EZ filing service.
What affects timing
Drafting time depends mostly on how quickly you return the intake form and comments. State processing of articles is outside our control and varies by state. The IRS online EIN application issues a number immediately when it is approved, but it is available only during set hours and allows one EIN per responsible party per day.
Keep the 27-month window in mind. If you file Form 1023 within 27 months after the end of the month you were legally formed and the IRS approves it, your exemption generally runs back to your date of formation. The clock starts at incorporation, so plan your application early. Our 27-month rule guide explains the details.
Frequently asked questions
Does forming a nonprofit corporation make us tax-exempt?
No. Incorporation creates the legal entity under state law. Federal exemption under 501(c)(3) generally requires IRS recognition through Form 1023 or Form 1023-EZ. Churches and organizations with gross receipts normally not more than $5,000 a year are not required to apply, although many choose to.
Can you serve as our registered agent?
No. You or a registered agent you choose fills that role. We explain what the agent does and what your state requires, and we put your choice on the articles.
Is a conflict of interest policy required?
The IRS does not require one for exemption. However, Form 1023 asks about it and includes a sample policy, and Form 990 asks every year whether you have a written policy. Most boards adopt one at their first meeting. Our conflict of interest policy guide explains what it should cover.
When does the 27-month clock start?
At the end of the month you were legally formed. A hypothetical tutoring program incorporated on March 10, 2026 would need to file Form 1023 by June 30, 2028 for its exemption to reach back to its formation date.
Sources
- IRS: Instructions for Form 1023 (Rev. December 2024). irs.gov
- IRS: Get an employer identification number. irs.gov
- IRS: Form 990, Return of Organization Exempt From Income Tax (2025). irs.gov
- IRS: Instructions for Form 1023-EZ (Rev. January 2025). irs.gov
IRS forms, fees and inflation-adjusted amounts change. We review this page when the IRS publishes new instructions.
501Nonprofit.com is a private company, not the IRS. This page is general information, not legal or tax advice for your organization. Example organizations and figures are hypothetical.
