Pro Bono Partnership of Atlanta

Corporate Filings

How Updates to the Nonprofit Code of Georgia Could Impact Your Nonprofit

On July 1st, the Amended Georgia Nonprofit Corporation Code went into effect. This law guides how Georgia nonprofit corporations are expected to operate. Since most of PBPA’s clients are incorporated in Georgia, these changes apply to you! A few examples of the changes include:

  • Directors may not vote by proxy.
  • Executive Directors are automatically corporate officers unless the bylaws say otherwise.
  • The same person may NOT serve as both the Chief Executive Officer (also sometimes referred to as President) and Secretary.

Speaker: Robyn Miller, Senior Corporate/Tax Counsel, Pro Bono Partnership of Atlanta

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Comparison of Charitable Solicitation Compliance Companies

Updated August 3, 2022

Complying with charitable solicitation registration, annual renewals and filings, and disclosure statement requirements for multiple states takes a lot of time and requires detailed and dedicated focus. There are many companies that provide this service at a reasonable cost. This is a chart comparing various charitable solicitation compliance companies. Pro Bono Partnership of Atlanta does not endorse any of these companies.

Comparison of Charitable Solicitation Compliance Companies 

Comparison-of-Charitable-Solicitation-Compliance-Companies Aug 2022

Registering for Charitable Solicitation

In order to protect the public from fraud, most states have enacted laws that require organizations to register with the state before they solicit donations from individuals in that state. The goal is for the public to be able to trust that their donations are going to a legitimate nonprofit organization that will use the money for charitable purposes.

This article explains generally when an organization must register in a state, how to complete the registration process, and what an organization should do when soliciting over the internet. Because each state has its own registration requirements, nonprofit organizations should seek advice from competent attorneys to advise them on their particular situation.

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Registering To Do Business in Georgia

Did you get incorporated in one state and then move your operations?

A nonprofit organization’s tax-exempt status is tied to its incorporation. The IRS decides whether to recognize a nonprofit as tax-exempt under §501(c)(3) of the Internal Revenue Code based on its articles of incorporation and bylaws. If your organization incorporates in one state and obtains its §501(c)(3) status then later decides to move states, the organization should not reincorporate in the new state. The organization should instead maintain its incorporation in the original state (including filing its annual registration and reports) and also register as a foreign corporation in the new state, if required to do so under that state’s law. For more information about registering as a foreign nonprofit corporation in Georgia, please see the article attached.

Registering To Do Business in Georgia

Dissolving a Georgia Nonprofit Organization

A nonprofit organization that plans to end its operations should complete certain steps including adopting resolutions and making government filings. An organization that closes without following proper procedures could expose itself to lawsuits from claimants and creditors and IRS enforcement actions. This article provides a broad overview of the dissolution process.

Dissolving a Georgia Nonprofit Organization

Dissolving a Georgia Nonprofit Organization

Day Care Licensing

Many nonprofit organizations provide child care services for parents participating in their programs. These organizations may need to get a state license to operate a day care or they may qualify for an exemption. Even if an organization is exempt from state licensing requirements, their county and city may have additional requirements. This article explains who needs to apply for a state license, who may qualify for an exemption, how to apply for an exemption, and how to contact your county and city to find out if there are additional local regulations.

Day Care Licensing

Day Care Licensing Requirements

 

 

Webcast: Charitable Solicitation

Nonprofits have significant obligations to register to ask for money and to acknowledge donations when received. These rules can be traps for the wary. During this one hour webinar, our speaker helps nonprofits understand:

  • Who needs to register to solicit donations?
  • In what states do you need to register when you have a website?
  • How do you create a simple system to acknowledge donations?
  • What paperwork should be kept to verify acknowledgements?

Presenter: Robyn Miller, Staff Attorney, Pro Bono Partnership of Atlanta

Click here to view the webcast.

Charitable Solicitation

Slides: Charitable Solicitation