Create a name for your Nonprofit Organization
Every organization needs a name! In NH, you can search business names to see if your name idea or something similar already exists using this link: https://quickstart.sos.nh.gov/online/BusinessInquire (Harbor Compliance, 2016). There are some rules that must be followed in naming your organization, and those can be found here: https://www.gencourt.state.nh.us/rsa/html/XXVII/292/292-3.htm (Chamber of Commerce Team, n.d.).
Nominate a Registered Agent
This is who will receive legal notices for your organization (Harbor Compliance, 2016). This agent must be located in New Hampshire and be open during normal business hours (Harbor Compliance, 2016).
Create your Board
One of these individuals will need to be the incorporator, or the person who signs the Articles of Incorporation (Chamber of Commerce Team, n.d.). There will need to be a minimum of 5 directors, who "...should also be five voting members who do not belong to the same immediate family and are not related by either marriage or blood" (Chamber of Commerce Team, n.d.). The remaining required roles are president and secretary, who cannot be the same person (Chamber of Commerce Team, n.d.).
Select a Structure
You can chose to be an unincorporated association, trust, or nonprofit corporation (Chamber of Commerce Team, n.d.). Unincorporated associations and trusts are not required to file with the Secretary of State, but each have their own unique requirements (Chamber of Commerce Team, n.d.). The most common option is a nonprofit corporation, which will require you to complete this form: https://sos.nh.gov/media/w1lobbr3/form_np-1_-07-2016.pdf (Chamber of Commerce Team, n.d.).
Pieces of Information you Will Need:
Bylaws: the operating procedures for the organization (Chamber of Commerce Team, n.d.).
Conflict of Interest Policy: prevent harm to the organization through disclosures of conflicting personal interests (Harbor Compliance, 2016).
Articles of Incorporation: There will be a small fee around $30 when filing this document (Harbor Compliance, 2016).
Initial Report: Initial reports are not required to be filed in NH (Chamber of Commerce Team, n.d.).
Get an EIN Number
An EIN number identifies your organization and is used for:
Opening a bank account
Applying for 501(c)(3) status
Submitting 990 returns to the IRS (Harbor Compliance, 2016).
This form must be completed to obtain an EIN, but if you are filling it out online the completing individual must have an SSN/TIN in order to do so: https://www.irs.gov/forms-pubs/about-form-ss-4 (Harbor Compliance, 2016).
Gather Tax Forms and File for 501(c) Status
The above steps must be completed prior to filing for this status (Chamber of Commerce Team, n.d.). For federal tax exemption, you will need to complete this form: https://www.irs.gov/forms-pubs/about-form-1023 and upload it here: https://www.irs.gov/ (Chamber of Commerce Team, n.d.).
Gather and Report Beneficial Ownership Information to Financial Crimes Enforcement Network
This may be waived if you are a 501(c) organization, but this otherwise must be completed (Harbor Compliance, 2016).
Register to Solicit Donations
"Any nonprofit organization that 1) will be applying to the IRS to be a 501(c)(3) organization and/or 2) will solicit donations or distribute funds in the state of N.H. and/or 3) is formed for any purpose enumerated in RSA 7:21, II is required to register with and report to the Attorney General, Charitable Trusts Unit.
The president and treasurer must sign. Signatures need not be notarized.
Upon approval, you will receive a Certificate of Registration.
Some New Hampshire counties and municipalities may require charities that solicit in-person to register prior to fundraising" (Harbor Compliance, 2016).
Tips
Check which additional permits and licenses you may need (Harbor Compliance, 2016).
Make sure to keep important documents organized (Harbor Compliance, 2016).
Set reminders for things that need to be filed yearly.
Here is a filing requirement checklist from the NH Center for Nonprofits: https://www.nhnonprofits.org/sites/default/files/attachments/2022-09/a_checklist_of_filing_requirements_for_nh_nonprofits.pdf
Sources:
Harbor Compliance. 2016. Start Your New Hampshire Nonprofit. https://www.harborcompliance.com/how-to-start-a-non-profit-organization-in-new-hampshire
Chamber of Commerce Team. n.d. How to Start a Nonprofit in New Hampshire. https://www.chamberofcommerce.org/nonprofit/new-hampshire
Blog Image Source: Mirow, ML. 2021. Kind Humans Movement is not only about being kind to each other but to the earth we live on!. Free to use under the Unsplash License. https://unsplash.com/photos/person-holding-black-and-white-no-smoking-sign-4TDl2qOJWCc
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