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Nonprofit Law/Non-profit incorporation


We have recently discovered our organization was incorporated with another community organization in the 1960's. We have our own by-laws separate from the other organization and
now joint by-laws of the two organizations as one have appeared,
also from the 1960's. Prior to these discoveries we incorporated as a single organization in 2009 and became a 501(c)3 in 2012.
When I became president in January 2013 I didn't think our
checks should have both organizations printed on them. I started
looking into the history and have found all of the above. There
are two separate checking accounts at two separate banks, so our
monies are not co-mingled.
My question is which incorporation and by-laws take precedent
and what does this do to our 501(c)3? The other organization is
cooperative and will do whatever it takes to make us two separate

Whatever EIN you are using in the bank account would be the one that you are operating under. It appears that you want two organizations, so each would operate under their own EIN and use the corresponding corporation.

Harvey Mechanic, Attorney at Law -

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


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. 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 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 "" without the quotes and then add your search terms before hitting enter.


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.


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

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

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