How To Start a Nonprofit in Oklahoma in Nine Steps

It is a good idea to choose a name that clearly identifies your nonprofit and aligns with your mission statement. Your name should also be unique and not used by another business entity. You can search to see if your name is available in Oklahoma by going to the Oklahoma Secretary of State’s Business Entity Search page and entering the name. If the name is available, you can use it for your nonprofit.

You may want to use your name on your website. You should look to see if the name is already registered as a domain name. Go to the ICANN Domain Names Registration website or search online to see if the name is already in use.

Finally, you want to make sure the name you choose is not trademarked. Search your name on the United States Patent and Trademark Office (USPTO) website. If there is no prior registration, you can use the name. If you want to prevent others from using your name, you may consider filing a trademark as well.

You will need a board of directors to provide their oversight, leadership, and expertise. They will help steer your nonprofit toward success and keep your activities in compliance with state and federal laws. Look for people who believe in your organization and who can assist in certain areas (i.e., a CPA or accountant who can review your financial statements or a small business leader who can introduce you to private foundations for grants). You may also seek out people who can help with fundraising or charitable solicitations.

Your board members have a fiduciary duty to act in the nonprofit’s best interests. They can’t engage in self-dealing or have a conflict of interest with your organization. In Oklahoma, you must have at least three members on your board.

To register a new nonprofit in Oklahoma, you must first form a corporation with the Oklahoma Secretary of State. You should draft a certificate of incorporation for a not-for-profit corporation. In the certificate, you include the name of the corporation, the name and address of the registered agent, the organization’s purpose, and the names and addresses of the directors.

You can mail this application to the Oklahoma Secretary of State, 421 NW 13th St, Suite #210, Oklahoma City, OK 73103. You can also file online with the Secretary of State by setting up an account at www.sos.ok.gov. The filing fee for an Oklahoma nonprofit corporation is $25.00.

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

Nonprofit corporations must have corporate bylaws for their organization and a conflict-of-interest policy. Bylaws are written procedures your company follows regarding meetings, elections of officers and board members, and officer responsibilities. A conflict-of-interest policy spells out how the board members and officers will act in the best interest of the corporation without benefiting themselves.

At your first board of directors organizational meeting, you elect officers, adopt bylaws, and establish the nonprofit’s mission and goals. Keep all minutes of your board meetings as part of your corporate records.

You will need a federal Employer Identification Number (EIN) from the Internal Revenue Service (IRS) to open bank accounts and file taxes for your nonprofit. You can apply for the EIN by completing Form SS-4 at the IRS website, www.irs.gov.

You must then file for tax-exempt status for your nonprofit corporation with the IRS, using the correct form for your designation according to the Internal Revenue Code:

• For 501(c)(3) charitable, religious, and educational nonprofit organizations, file Form 1023 or Form 1023-EZ. If you qualify to file the 1023-EZ, you must do so using the Pay.gov site.

• For 501(c)(4) social welfare organizations, file Form 1024-A.

• For other tax-exempt or nonprofit organizations such as 501(a), file Form 1024.

You should get a determination letter from the IRS that confirms your tax-exempt status for your new nonprofit.

Nonprofit corporations can apply to the Oklahoma Tax Commission for sales tax exemption. Complete the Application for Sales Tax Exemption and follow the filing requirements to qualify your nonprofit. You may need a copy of your articles of incorporation and IRS determination letter.

Unless your nonprofit is exempt under the Oklahoma Solicitation of Charitable Contributions Act, Section 552.3, you must register your charitable organization. The fee for the initial registration is $65 if the anticipated contributions exceed $10,000 or $15 if the anticipated contributions are $10,000 or less. You can file the form online or by mail to the Oklahoma Secretary of State, 421 N.W. 13th, Suite 210, Oklahoma City, OK 73103.