Starting a nonprofit in Georgia is an exciting and rewarding experience, but it also requires a lot of effort and work.
If you're looking to start a nonprofit in Georgia but don't know where to begin, we've got you covered. In this blog, we'll explain exactly how to do it — from choosing your name and applying for tax-exempt status to starting your fundraising efforts from scratch.
13 steps to create a nonprofit in Georgia
Step 1. Research plan
When considering starting a nonprofit in Georgia from scratch, it can be hard to know where to begin. When deciding to take on the endeavor, it is important to get clear on a few fundamental things, including:
- Community needs: Consider what problems you want to address or what positive changes you want to make.
- The market: Research nonprofits in Georgia land that work in similar areas or address similar issues. Identify any gaps or needs that your nonprofit could address.
- Your goals: Clarify your nonprofit's specific goals and objectives. Determine what you hope to achieve in the short term and long term.
- Your mission statement: Write a clear and concise mission statement that articulates who you are, what you do, and who you serve.
- Feedback: Seek feedback from stakeholders, potential beneficiaries, and members of your community to ensure that your mission statement accurately reflects community needs.
Step 2. Name your organization
Once you’ve determined your organization’s core mission and goals, it’s time to name your nonprofit. Not only is this step in the process important for marketing and branding purposes, but it’s also a crucial part of the legal process of starting a nonprofit in Georgia.
When deciding on your organization’s name, be sure to choose a name that:
- Reflects your mission and goals
- Describes what you aim to do
- Is easy to spell and pronounce
- Offers room for future growth
You’ll also need to include the “corporation,” “incorporated,” “company,” “limited,” or their abbreviations. Once you've entered your name, you’ll need to search for it on the Georgia Secretary of State’s website to ensure that it hasn’t already been taken by another entity in the state.
Step 3. Identify an Incorporator and a Board of Directors
Identifying an Incorporator and a Board of Directors is not only a strategic decision that can help make your nonprofit a success, but it's a required one in Florida.
Nonprofits must recruit one Incorporator who will be responsible for signing the Articles of Incorporation. And, you must assemble a board of at least one director who will help guide your nonprofit through strategic decision-making. However, it's important to note that the federal government prefers that nonprofits have at least three board members who are at least 18 years old, though they do not have to reside in the state.
Appointing a registered agent is a vital step when forming a nonprofit in Georgia. In essence, a registered agent acts as a reliable point of contact for legal matters. This designated individual receives important documents and official correspondence on behalf of your nonprofit, such as legal notices and tax forms.
The registered agent must be located in Georgia and available during regular business hours to receive legal correspondence and communication.
Step 4. Appoint a registered agent
Appointing a registered agent is a vital step when forming a nonprofit in Georgia. In essence, a registered agent acts as a reliable point of contact for legal matters. This designated individual receives important documents and official correspondence on behalf of your nonprofit, such as legal notices and tax forms.
The registered agent must be located in Georgia and available during regular business hours to receive legal correspondence and communication.
Step 5. File the Articles of Incorporation
One of the most crucial steps in starting a nonprofit in Georgia is filing the Articles of Incorporation with the Georgia Secretary of State. By filing this application you'll officially establish your nonprofit as a legal entity.
This document typically includes your nonprofit's name, purpose, duration (which is usually perpetual), initial registered agent, and other basic information required by the state. You can file online or by mail (which costs around $100).
In order to File the Articles of Incorporation, you'll also need to to file a Transmittal Information Form.
You'll also want to reference georgia nonprofit corporation code when filing as well.
Step 6. Publish notice of incorporation
Once you've filed the Articles of Incorporation, nonprofits in Georgia must also publish the intent of incorporation within one business day.
It typically costs $40 for each publication.
Step 7. File an initial report
Next, your Georgia nonprofit must file an initial report, within 90 days of filing the Articles of Incorporation. In order to remain compliant in the state of Georgia, you'll need to file this annually as well.
Step 8. Obtain an EIN
In Georgia, like in other states, nonprofits are required to obtain an EIN, or federal Employer Identification Number from the internal revenue service. An EIN is like your organization's social security number. It's used for tax purposes, including opening bank accounts, hiring employees, and applying for tax-exempt status.
Step 9. Create bylaws
Next, you'll need to call a meeting with your board to draft bylaws that align with your mission and comply with Georgia nonprofit laws.
Bylaws are the rules and procedures that govern how your nonprofit operates. They outline the structure of your organization, the responsibilities of the board and officers, how meetings will be conducted, and how decisions will be made.
When creating your bylaws, be sure to:
- Use clear and concise language: Make the language easy to understand for all board members and stakeholders. Avoid jargon and overly complex language.
- Make them comprehensive: Your bylaws should cover all essential aspects of your organization's governance, including board structure, officer roles, meeting procedures, decision-making processes, and conflict resolution mechanisms.
- Alignment bylaws with mission and values: Ensure that the bylaws reflect and support the goals of the organization.
- Consider flexibility: Include provisions that allow for amendments to the bylaws as the organization evolves and grows.
- Outline board structure and responsibilities: Clearly define the board of directors, its qualifications, terms of office, and responsibilities.
- Determine meeting procedures: Detail the frequency, notice requirements, quorum, voting procedures, and more.
- Address finances: Establish guidelines for budgeting, accounting, and reporting requirements.
- Create a conflict of interest policy: Include a conflict of interest policy that requires board members and officers to disclose any conflicts of interest and abstain from voting on matters in which they have a personal or financial interest.
- Include dissolution procedures: Include provisions for the process of distributing assets and winding up affairs in accordance with state law and IRS regulations.
Step 10. Apply for federal and state tax-exempt status
- Apply for federal federal tax exemption: To qualify for federal tax-exempt status under section 501(c)(3) of the Internal Revenue Code, you'll need to submit IRS Form 1023, IRS Form 1023-EZ, or IRS Form 1024 the IRS. You should receive an irs determination letter in a few weeks.
- Apply for state tax-exempt status: Georgia does not offer sales or tax exemption. However, the state does offer a few exemptions for specific organizations. For a full list of these exemptions, contact the Georgia Department of Revenue.
Step 11. Register for charitable fundraising
If you intend to seek donations in Georgia as part of your fundraising strategy — as most nonprofits do — you'll need to officially register as a charity with the Georgia Secretary of State, which costs $35.
It's important to note that this doesn't necessarily cover games of chance. Typically, nonprofits must apply for additional permits for raffles, bingos, etc.
Step 12. Start fundraising
Once you’ve filed all of the appropriate forms and established the necessary regulatory foundation for your nonprofit, it’s time to start fundraising.
First, build a fundraising plan that outlines your goals, strategies, and tactics. Plus, be sure to consider how you’ll cultivate donor relationships. Then, Put your fundraising plan into action by launching campaigns, events, and appeals to solicit donations and support. Keep track of your fundraising efforts and evaluate their effectiveness over time.
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Step 13. Stay compliant
As a legal nonprofit in the state of Georgia, you’ll need to remain compliant with federal and state rules and regulations throughout the year. This includes:
- Maintaining records: Keep accurate and up-to-date records of your nonprofit's activities, finances, and governance. This includes meeting minutes, financial statements, tax filings, and other important documents.
- Filing annual reports: File annual reports with the IRS to maintain your nonprofit's legal and tax-exempt status.
- Staying informed: Stay informed about changes to Georgia state laws and regulations affecting nonprofit organizations. Attend training sessions, workshops, and webinars to learn about best practices and compliance requirements.
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How to start a nonprofit in Georgia FAQs
