How do we become a non-profit theatre company?
July 3, 2007 6:42 PM Subscribe
IKYANAL*, but ... our Atlanta-based theatre company has some simple (we think) questions becoming incorporated as a non-profit.
We kind of know what we're doing, but don’t want to go forward without legal advice ... or even well-meaning advice from a trusted source like AskMe. So if you are a lawyer, or you know a lawyer, or you are a law student working in a pro bono legal clinic, or if you or somebody you know has done this before for another non-profit/ not-for-profit theatre or arts group, then maybe you can point us in the right direction.
And yes, we've looked into the various arts-friendly groups that are supposed to help in just such cases, but those don't seem to offer the straight-up "What do we do next?" answers we want.
For example, if we're only going to be producing plays in the North Fulton County area (just above Atlanta), can we just file as non-profit in Georgia alone? Or must we file federally anyway? So maybe we do need a lawyer, preferably one available to assist us pro bono ...
* - I know you are not a lawyer.
We kind of know what we're doing, but don’t want to go forward without legal advice ... or even well-meaning advice from a trusted source like AskMe. So if you are a lawyer, or you know a lawyer, or you are a law student working in a pro bono legal clinic, or if you or somebody you know has done this before for another non-profit/ not-for-profit theatre or arts group, then maybe you can point us in the right direction.
And yes, we've looked into the various arts-friendly groups that are supposed to help in just such cases, but those don't seem to offer the straight-up "What do we do next?" answers we want.
For example, if we're only going to be producing plays in the North Fulton County area (just above Atlanta), can we just file as non-profit in Georgia alone? Or must we file federally anyway? So maybe we do need a lawyer, preferably one available to assist us pro bono ...
* - I know you are not a lawyer.
This post was deleted for the following reason: poster's request
Look, I think the question might be more simply stated as, are you or do you know a lawyer in the Atlanta area who would be willing to help out? Because I think if the question is being asked here, the answer is possibly not so simple as "Go through your phonebook, moron," which is frankly how that comes off. If you're not going to be actually helpful, how about don't bother?
posted by Medieval Maven at 8:02 PM on July 3, 2007
posted by Medieval Maven at 8:02 PM on July 3, 2007
Georgia Lawyers for the Arts has worked for us.
Right on their home page:
How Do I Start a Non-profit Organization?
For organizations thinking about becoming a nonprofit, GLA also conducts monthly workshops on 501(c)(3) nonprofit incorporation. Attendance at a GLA 501(c)(3) workshop is mandatory for arts organizations who wish to receive pro bono assistance from a GLA attorney during their process of incorporation. The fee for the workshop is $50 (which includes one representative), plus $10 extra per additional representative. Organizations must pre-register in advance. Call (404) 873-3911 to register.
Just do it?
posted by intermod at 8:09 PM on July 3, 2007
Right on their home page:
How Do I Start a Non-profit Organization?
For organizations thinking about becoming a nonprofit, GLA also conducts monthly workshops on 501(c)(3) nonprofit incorporation. Attendance at a GLA 501(c)(3) workshop is mandatory for arts organizations who wish to receive pro bono assistance from a GLA attorney during their process of incorporation. The fee for the workshop is $50 (which includes one representative), plus $10 extra per additional representative. Organizations must pre-register in advance. Call (404) 873-3911 to register.
Just do it?
posted by intermod at 8:09 PM on July 3, 2007
I am in the middle of this process now of creating a 501c3 non-profit. My best advice before retaining a lawyer is to get your cadre together first and work up answers to these basic questions:
1. What is the name of the non profit and who will be its primary contact person.
2. Establish the name and addresses of the original board of directors. (I was told it had to be 3 people minimum)
3. Work up a statement of purpose of what the new non-profit will do.
4. Draft some by-laws. I suggest finding some non-profits very similar to the one you want to create perhaps in another city and borrow from their by-laws heavily.
Depending on your state laws, you may not need all of this, but it will certainly make the process of retaining a lawyer to file the necessary paperwork much much faster (and thus cheaper). Usually the first step is to file for incorporation as a new organization and then move forward obtaining non-profit status for the newly incorporated entity.
In Kansas I think the whole shebang will cost about $500 for filing the necessary legal paperwork plus whatever a lawyer will charge you. Mine is charging me $60/hr. I expect to drop a little under a $1k in this process. Rates will vary in your area of course and state laws are likely different.
Surely any theater troup worth its salt can raise $1k for such an important reason. If you cant raise the money you should think long and hard about starting an entity which does not have the ability to raise enough money to keep going.
Obligatory: IANAL, I just play one on the internets.
posted by jlowen at 8:20 PM on July 3, 2007
1. What is the name of the non profit and who will be its primary contact person.
2. Establish the name and addresses of the original board of directors. (I was told it had to be 3 people minimum)
3. Work up a statement of purpose of what the new non-profit will do.
4. Draft some by-laws. I suggest finding some non-profits very similar to the one you want to create perhaps in another city and borrow from their by-laws heavily.
Depending on your state laws, you may not need all of this, but it will certainly make the process of retaining a lawyer to file the necessary paperwork much much faster (and thus cheaper). Usually the first step is to file for incorporation as a new organization and then move forward obtaining non-profit status for the newly incorporated entity.
In Kansas I think the whole shebang will cost about $500 for filing the necessary legal paperwork plus whatever a lawyer will charge you. Mine is charging me $60/hr. I expect to drop a little under a $1k in this process. Rates will vary in your area of course and state laws are likely different.
Surely any theater troup worth its salt can raise $1k for such an important reason. If you cant raise the money you should think long and hard about starting an entity which does not have the ability to raise enough money to keep going.
Obligatory: IANAL, I just play one on the internets.
posted by jlowen at 8:20 PM on July 3, 2007
Response by poster: Just do it is an efficient answer, but what I'm looking for is more of a play-by-play of how the process works, what to expect and when to expect it. If you've been through the process, then walk me through it.
posted by grabbingsand at 8:24 PM on July 3, 2007
posted by grabbingsand at 8:24 PM on July 3, 2007
This thread is closed to new comments.
For crying out loud, is no one in your group a lawyer or friends with one who will walk you through this absurdly simple paperwork? Please, don't rely on the internets for this. Your request is too open ended. Get someone to help you set your group up properly for tax and liability purposes in your jurisdiction. If you don't know anyone, contact the local bar association and ask for some pro bono help, and perhaps offer up some pro bono tickets to future performances.
posted by caddis at 7:53 PM on July 3, 2007 [1 favorite]