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How to Start a Nonprofit Corporation in Utah

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UTAH NONPROFIT ORGANIZATION

NAME IT

Run a name search on the Utah Secretary of State’s website to make sure the name you’ve chosen for your UT nonprofit corporation is available. The official name of your UT nonprofit need not include a corporate ending, such as “incorporated” or “Inc.”

GET ORGANIZED

Assemble a dedicated, organized team of initial directors before filing your formation documents, as teamwork will be vital to the success of your UT nonprofit corporation.

MAKE LAWS

Bylaws will help shape your UT nonprofit corporation’s overall goals and direct the organization’s long-term and daily actions. Drafting the bylaws may require the help of an attorney who knows the in’s and out’s out Utah nonprofit corporations. A copy of these bylaws will also be required by the IRS if you apply for federal tax exempt status.

INCORPORATE

File the Articles of Incorporation with the Utah Secretary of State. You can file by mail, fax, or in person. To complete the formation documents, you’ll need to include the following:

  • Nonprofit corporation name.
  • Registered agent name and address.
  • Purpose of nonprofit corporation.
  • Name and address of at least three directors.
  • Name and address of at least one incorporator.

If you’ll be applying to the IRS for tax exempt status, you’ll also want to include a clause concerning what will happen to the corporation’s assets upon dissolution. You’ll also want the document to be completed in IRS tax exempt language (for an example, click our link below).

What’s the cost of filing nonprofit corporation in Utah?

The filing fee is $30. You can file online, in person, by mail, or via fax. If you file by fax, online, or in person you can pay with a credit card. If you file by mail, you need to pay with a check or money order.

How long does it take for Utah process my Articles of Incorporation?

Twenty-four hours if you file online (however, many clients have complained that the online forms can be frustrating and confusing). If you file by any other method, it will take one to two weeks, unless you pay the $75 expedite fee. If you pay the additional fee, it will take one to two days.

How many directors need to be listed on the Articles of Incorporation?

Utah requires that the names and addresses of at least three initial directors be listed on the UT nonprofit corporation’s articles of incorporation.

How many incorporators need to be listed on the Articles of Incorporation?

Utah requires that the name and address of at least one incorporator be included on the articles of incorporation.

Do I need to be specific about the purpose of the nonprofit corporation?

Utah only requires a brief purpose be listed; however, if you’re applying for federal tax exempt status, you’ll want the purpose of your UT nonprofit corporation to be very specific and explained in the IRS recommended language.

Does my registered agent need to sign my Articles of Incorporation?

No, the UT registered agent is not required to sign the articles.

Does my UT nonprofit corporation need to register as a charity?

If your nonprofit corporation will be soliciting any contributions or donations in Utah, you must register as a Utah charity.

Do nonprofit corporations in Utah need to file annual reports?

Yes, each year UT nonprofit corporations need to file an annual report/renewal form before the entity’s anniversary date. The fee for nonprofit corporations is $10. The form can be completed online or by mail.

Is there anything weird about forming a nonprofit corporation in Utah?

No, the process to forming a nonprofit corporation in Utah straightforward (although people have complained that filing articles of incorporation on the Utah Secretary of State’s can be frustrating and confusing).

Can I register an out of state nonprofit in Utah?

Yes. You just file the paperwork to register as a Foreign Utah Nonprofit.

Is my Utah nonprofit tax exempt?

Your organization is not tax exempt just because it is a nonprofit. You have to apply for federal nonprofit status with the IRS. Then you can get approved for Utah Tax Exemption.

Corporate Compliance
by Local Corporate Guides®