CDP RESOURCES FOR THE FORMATION OF A
TAX-EXEMPT CALIFORNIA NONPROFIT CORPORATION

Public Counsel’s Community Development Project (CDP) provides a wide range of transactional legal services to qualifying nonprofit organizations. We assist start-up nonprofits that share our mission by helping to incorporate, obtain tax exemption, and establish workable corporate structures and policies. The following is a collection of resources to assist nonprofit organizations that have chosen to incorporate in California and the pro bono attorneys who represent them.

Please note that these resources should not be construed as all-inclusive or as legal services to any organization or individual. These resources should only be used as a starting point to understand the steps involved with becoming a tax-exempt California nonprofit corporation. Nonprofits should contact CDP to determine how the information in these resources may apply to the organization’s specific situation. Some organizations may need additional information not discussed in these resources.

For Potential Nonprofit Clients:

Get Ready, Get Set: What you need to know before starting a nonprofit. This publication from the Center for Nonprofit Management explains the key characteristics of nonprofit organizations and includes a decision tree for starting a new nonprofit organization. It is designed to help groups explore necessary preliminary questions, such as “is the proposed project something a nonprofit organization can legally do,” “is there an unmet need in the community?” and “will the organization attract sufficient resources to make the project viable?”

Fiscal Sponsorship: An Alternative to Forming a Nonprofit 501(c)(3) Corporation. Fiscal sponsorship is an alternative available to individuals or groups performing charitable services and wishing to give their donors the ability to take a charitable contribution deduction, but not wanting to spend a great amount of time and resources to comply with the extensive filing requirements, tax compliance, and other legal obligations associated with incorporation and tax exemption. Fiscal sponsorship may be appropriate when the proposed charitable program is relatively small in scope, temporary in nature or when the business plan is in its beginning stages.

Free Seminars: “How to Form a California Charitable Tax-Exempt Nonprofit Corporation.” This program provides a general overview of the legal steps required to form a nonprofit corporation and apply for tax-exempt, 501(c)(3) status. Advance registration is required. For additional information, please call our seminar intake line at 213.385.2977 x. 210.

Free Legal Clinics: Nonprofit Formation and Tax Exemption Clinic. Attendees meet one-on-one for up to one hour with an attorney to discuss specific questions and legal issues relating to forming a nonprofit and obtaining tax exemption. These clinics are generally open ONLY to people who have already attended CDP’s free seminar “How to Form a California Charitable Tax-Exempt Nonprofit Corporation.” Advance registration is required. For additional information, please call our clinic intake line at 213.385.2977 x. 210.

Application for Free Legal Assistance. If you are seeking CDP’s assistance, we recommend that you spend some time filling out this application. It will help your organization gather the information and make the decisions required throughout this process. You can save significant time by planning and answering all the questions in the application now instead of in a piecemeal fashion as they come up. Note: We cannot determine whether we can assist you unless you complete the application. For additional information or assistance, please call our intake line at 213.385.2977 x. 200.

For Clients and Volunteer Attorneys:

   List of Initial Fees for Setting up a Nonprofit Tax-Exempt Corporation in California (Updated May 30, 2008)

   Guide to Forming a Charitable, Tax-Exempt, Nonprofit Corporation in California (Updated June 25, 2008)

   Steps (including forms) to Forming and Obtaining Tax Exemption for a California Corporation (Updated June 25, 2008)

   Now That You're Incorporated: Summary of certain legal requirements applicable to Nonprofit Corporations (Updated June 25, 2008)

Other Information and Resources:

   List of Resources and Organizations Providing Technical Assistance to Nonprofits (Updated June 25, 2008)

Other Useful Forms: (disclaimer)

Form of Articles of Incorporation: California Nonprofit Public Benefit Corporation
annotated form with explanatory notes / text of form - can be edited

Form of Bylaws: California Nonprofit Public Benefit Corporation
annotated form with explanatory notes / text of form - can be edited

Board of Directors Conflict Policy

Summary of Director Conflict Policies

Memorandum on liability of volunteer directors of nonprofit corporations (addresses the California and federal law protections that exist to shield volunteer directors of nonprofit corporations from personal liability for their actions on behalf of the corporation)

Finance Committee Investment Guidelines

Employee Handbook for Nonprofits

 

Seminars

How to Form a California Charitable Tax-Exempt Nonprofit Corporation (2008)

Information about FREE Nonprofit Formation Legal Clinic

CDP Seminar Line
213-385-2977 ext 210

Application for
Legal Assistance

Incorporate a Nonprofit Organization

CDP Intake Line
213-385-2977 ext 200