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Nonprofit Law/changing/ movingto another state

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QUESTION: I had an tiny organization, 501c3 that i started in IOWA.
  I actually was in a third world country doing the organization. All office and banking was done in IOWA. I had been told that the treasurer and secretary quit and closed the bank account. Because of some unrelated personal reasons. I was ill at the time and was stuck to do anything about it. The IRS papers come to me in Maryland with no problem but the organization was not functioning for a few years. I was just informed that the bank account was never closed. BY huge question is it possible to change a non profits office ,to another state. I know that different states have different rules. Can i change from iowa to maryland. and if so how.  thank you so much for your time and effort.

ANSWER: If the corporation is still active in Iowa, then you would simply need to register as a "foreign", meaning "out-of-state" corporation wishing to do business in Maryland.

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.    



---------- FOLLOW-UP ----------

QUESTION: I still have a few questions. Do you mean i register with the Iowa secretary of state?   Do i do that by letter or do i have to get a specific form.

thank you so much!

Answer
You are welcome.

First you would need to obtain from the Iowa Secretary of State a Certificate of Good Standing.  then you would register the corporation with the State of Maryland, Corporations Division. Maryland calls it a "Tax-Exempt Nonstock Corporation"
https://egov.maryland.gov/Easy

Fee for "Foreign Corporation" registrations
http://pages.citebite.com/n1l3t9a4x4usm

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic

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I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about 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 questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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