AboutHarvey 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.
Expert: Harvey Mechanic Date: 7/22/2008 Subject: Board members
Question QUESTION: Does a non-profit 501(c)3 operating for educational purposes HAVE TO have a board of directors? If so, can this reponsibility placed solely on one individual?
Thank you in advance for your help.
ANSWER: If the 501(c)(3) organization is incorporated the State requires a Board of Directors. The IRS does not generally grant exemption determination to such organizations as a public charity if it does not have at least 3 unreleated directors. The IRS is concerned about private benefit. The IRS may give private foudnation status.
A quick summary of the differences between public charities and
private foundations can be found at:
www.guidestar.org/news/features/foundations.jsp
This forum is only for federal tax questions regarding 501(c)(3) public charities as I have explained in my profile. Your state also may require more than one director if yours is a corporation. If you give me your state I may be able to direct you.
Harvey Mechanic
Attorney At Law
Harvey108@hotmail.com
---------- FOLLOW-UP ----------
QUESTION: State is MA. T
Relating directly to 501(c)(3), what is the most common type of educational filing? here I am referring to the type of filing: corporation, trust, or unincorporated association.
Thanks again,
hanks again.
Answer You are welcome.
The most common type of educational organization is a corporation.
For State filings see Massachusetts Division of Corporations
Nonprofit Corporations site:
www.sec.state.ma.us/cor/corpweb/cornp/npfrm.htm
Massachusetts law for Corporation for Charitable and Certain Other
purposes http://tinyurl.com/5p5fm2
Harvey Mechanic
Attorney At Law
Harvey108@hotmail.com
