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About Harvey Mechanic
Expertise
Federal tax issues of nonprofit 501(c)(3) public charities only. Establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer question about Nonprofit's Unrelated Business or how to fill out forms. This forum is only for legal questions about a specific nonprofit asked by members or those otherwise directly effected by the specific nonprofit organization.

Experience
I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar.
 
   

You are here:  Experts > Real Estate > Tax Planning: U.S. > Nonprofit Law > 5013c organization disclosure requirements

Topic: Nonprofit Law



Expert: Harvey Mechanic
Date: 7/17/2008
Subject: 5013c organization disclosure requirements

Question
I volunteer and pay membership dues at an organization that has 5013C status.  Are they required to make available financial statements and monthly meeting minutes to their members/or the general public?  Also, are there any requirements regarding electing/appointing members to the board of directors?

Answer
Unless the Articles of Incorporation, Bylaws or any resolutions require otherwise, federal law only requires certain disclosures.

If a nonprofit has received IRS exemption determination or files
annual returns (Form 990) with the IRS it has an obligation to
provide anyone with certain copies. See FAQs About the Exempt
Organization Public Disclosure Requirements
www.irs.gov/charities/article/0,,id=96430,00.html

Specifically for 1023 or 1024 exemption application and supporting
documents required with those applications like articles of
incorporation and bylaws as they existed at the time they submitted
them with the 1023 application.
www.irs.gov/charities/article/0,,id=135008,00.html

You may review pdf copies of filed forms 990 and form 990-Pf by
searching at:
http://tfcny.fdncenter.org/990s/990search/esearch.php

As to requirements regarding electing/appointing members to the board of directors, those should be in the bylaws.

Harvey Mechanic
Attorney At Law
Harvey108@hotmail.com

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