How To Start a Nonprofit in Louisiana in Nine Steps

Your choice of name should reflect the type of charity you want to promote. The name should be unique and not used by another business entity. You can search the name with the Louisiana Secretary of State’s office to see if this name is already a registered business.

Next, check if the name is already being used on the web or protected by a trademark. You can search for the name on the internet or use the ICANN Domain Names Registration Lookup website to see if someone has registered the name as a domain name. To check for registered trademarks, use the United States Patent and Trademark Office (USPTO) website and search the name there. If the name is not reserved, you can use it. Consider registering your name as a domain name so you can reserve it for use for your website. Register the name as a trademark name to prevent others from using it.

Your board of directors provides leadership and expertise for your nonprofit. Their role is to govern your corporate activities and oversee the finances, policies, and initiatives of the organization. Your board members must avoid conflict of interest with your organization and have a fiduciary duty to act in the best interests of your company. Louisiana state law requires you to have at least three board members.

Think about inviting board members who can contribute their knowledge as well as their help in networking and fundraising; Board members have a significant impact in supporting your mission statement. For example, a charity that raises money to pay medical bills for families that can’t afford them could benefit from a retired nurse or doctor on their board. They could give insight into medical terms and diagnoses that a layperson might not understand.

You will need a certificate of incorporation for your nonprofit. To get one, you file articles of incorporation with the Louisiana Secretary of State. In the articles, you must provide the name of the nonprofit, the corporate purpose, the duration of the corporation, the name and addresses of the registered agent, and a list of the initial board of directors. You can mail this application to:

State of Louisiana Secretary of State

Commercial Division

P.O. Box 94125

Baton Rouge, LA 70804-9125

If you want to file online, you must first set up an account with GeauxBiz.com. The fee to file a nonprofit corporation in Louisiana is $75.

Or you can let our trusted partner LegalZoom handle your nonprofit creation starting at $99 plus filing fees.

Nonprofit organizations that want to apply for IRS income tax exemption, must have corporate bylaws and a conflict-of-interest policy. Bylaws are rules and procedures that you establish for your corporation. For example, you may outline the structure of the board, define officer’s roles and responsibilities, and set up meeting times and voting procedures. Board members sign a conflict-of-interest policy where they affirm to carry out their duties without benefiting themselves.

At an initial board of directors meeting, the board typically elects officers, adopts bylaws, and establishes the organization’s mission and goals. It is a good idea to keep the minutes of your board meeting for your corporate records.

The next step is to get a Employer Identification Number (EIN) from the Internal Revenue Service (IRS). Your EIN for your corporation acts in the same way as a social security number does for an individual. It identifies your corporation, and you use it for tax forms and to open bank accounts for your nonprofit. Complete Form SS-4 on the IRS website to get your EIN.

Now, you can file an application for tax-exempt status with the IRS. The form you file depends on your nonprofit entity type as defined under the Internal Revenue Code.

• If you are a 501(c)(3) charitable, religious, and educational nonprofit organization, file Form 1023 or Form 1023-EZ. If you can file the 1023-EZ, use the Pay.gov site.

• If you are a 501(c)(4) social welfare organization, use Form 1024-A.

• If you have another tax-exempt or nonprofit organization, such as 501(a), use Form 1024.

Then, you should receive an IRS determination letter stating that your nonprofit has tax-exempt status. Keep this determination letter as part of your records for future use.

To get state sales tax exemption, complete the Louisiana Department of Revenue Form R-1048, Annual Application for Exemption from Collection of Louisiana Sales Tax at Certain Fundraising Activities.

You will likely conduct charitable solicitations within your organization. However, if you use a professional solicitor for your fundraising activities, you must register with the Louisiana Office of the Attorney General and complete a form.

Additionally, you may want to check with your parish or local jurisdiction to determine if you need to register for a business license or permit for your nonprofit activities.