Delaware is known to have corporate laws favorable to businesses and their management. Given the right circumstances, incorporating a Delaware nonprofit nonstock corporation can be an advantage for a nonprofit and its directors and officers. One reason for this is that unlike other states, such as New York and California, that have a separate corporation laws for nonprofits, Delaware’s general corporation law applies both to business corporations and nonprofit corporations alike. This means when you incorporate a nonprofit in Delaware, it receives the same advantages as a Delaware business corporation.
If you are thinking about starting a nonprofit, 501(c)(3) or other 501(c) tax-exempt organization, or non-governmental organization (NGO), and think that your organization would benefit from the “Delaware advantage,” we can assist you in incorporating a Delaware nonprofit nonstock corporation. We’d also be glad to explain what advantages Delaware has to offer over other states.
Delaware Nonstock Nonprofit Corporation Incorporation Package
Package includes the following:
- Draft of the certificate of incorporation for the Delaware Nonstock Nonprofit Corporation, including 501(c)(3) language if appropriate.
- File the certificate of incorporation with the Delaware Secretary of State.
- Draft standard corporate bylaws.
- Draft conflicts-of-interests policy.
- Draft statement of incorporator.
- Draft initial resolutions of directors.
- Draft initial resolutions of members, if appropriate.
- Apply for Employer Identification Number (EIN), if requested.
Legal Fee*: starting at $1,388
*Legal fee is an estimate representing what we normally charge clients to form a standard Delaware nonprofit nonstock corporation from start to finish. If a more complex institutional structure is required, or special provisions such as anti-takeover measures need to be made, fees may be higher. We are usually able to offer this service for a flat-fee once we’ve had the opportunity to discuss with you your vision for the nonprofit. Quote does not include state fees, which as of February 2018, are between $139 and $239.