How To Start A Nonprofit In Oklahoma

To incorporate an Oklahoma nonprofit, you must complete and file a Not for Profit Certificate of Incorporation with the Oklahoma Secretary of State. See the document below and click on any number to see what information is required in the corresponding section.

Remember that all information submitted on a Certificate of Incorporation becomes public record.

What Does Incorporating an Oklahoma Nonprofit Cost?

Oklahoma’s Office of the Secretary of State charges $25 to file a Not for Profit Certificate of Incorporation. If you file online, you’ll pay a 4% credit card processing fee. You’ll also have the option to pay an additional $25 for expedited processing when filing in person.

How Long Does Incorporating an Oklahoma Nonprofit Take?

Oklahoma provides several filing options for a Certificate of Incorporation, all with their own processing times:

• In-Person: Certificates delivered by hand are processed in one day.
• Online: When you submit your Certificate online, your paperwork is processed in two to three days with expedited filing.
• Mail: It takes a week or two to process and return mailed filings.

While mailed filings are less expensive, the faster processing time of online or expedited options might be worth the cost if you need to act fast to form your nonprofit.

Is an Oklahoma Registered Agent Required?

Yes, your nonprofit must appoint an individual or corporate entity as its Oklahoma registered agent to have a reliable channel for delivering official state documents (including lawsuits) to your organization. You can appoint a member of your organization as your agent, even yourself, or hire a registered agent service like Northwest to do it. Either way, your registered agent must list an Oklahoma street address on your nonprofit’s Certificate of Incorporation, and the agent must be available there during normal business hours.

Listing a street address and waiting there during business hours may seem simple enough, but there are drawbacks. Your registered address becomes public record,  so using your own residential or office address can mean junk mail, solicitors, and scammers at your door. You’re also tied to your desk during normal business hours, rather than holding long meetings and traveling to talk with potential donors. That’s tough when you’re busy trying to manage and grow a new nonprofit.

A better solution? Hire Northwest, leave the endless waiting to us, and protect your privacy by listing our Oklahoma street address on your nonprofit’s Certificate of Incorporation. If your nonprofit ever gets served, we’ll scan the document and send it to you on the day we receive it.

A nonprofit’s Federal Employer Identification Number (FEIN or EIN) is IRS identification for your business that works a lot like your Social Security number.

You might be able to get by without an EIN in certain cases, but establishing your organization’s legitimacy is nearly impossible without one. You’ll need an EIN for most banks to open an account in your nonprofit’s name, to apply for federal or state tax exemptions, and to establish good relationships with vendors and donors.

You can get an EIN at the IRS website, or you can simply sign up for our EIN service for an additional fee when you hire Northwest.

Your Oklahoma nonprofit is required to adopt bylaws at its board of directors’s first meeting (often called the organizational meeting). This is when your nonprofit votes on new board members and officers, adopts bylaws, and settles other business necessary to complete the incorporation process. If your nonprofit will seek federal tax-exempt status, ratify your bylaws before submitting an Application for Recognition of Exemption to the IRS.

Bylaws differ from nonprofit to nonprofit because they address the specific needs of the organization. However, they usually address matters like terms of office for directors and officers, procedures for removing a director, voting rights, procedures for amending the bylaws, and so on. Bylaws should anticipate the issues your nonprofit is likely to face, without constraining its ability to grow and adapt to new circumstances.

Writing effective bylaws isn’t easy, but Northwest can serve as a guide. When you hire us, you can use our adaptable template for writing nonprofit bylaws, as well as our other free nonprofit forms, helping your nonprofit start out successfully and stay that way. We also offer a free attorney-drafted Oklahoma nonprofit bylaws template with more information about adopting bylaws in Oklahoma.

Will My Oklahoma Nonprofit Be Tax-Exempt?

Not automatically. To qualify for federal tax-exempt status, your nonprofit must submit an Application for Recognition of Exemption to the IRS and pay a filing fee. The IRS then examines your nonprofit’s Certificate of Incorporation, bylaws, history, and finances—a lengthy, time-consuming process.

There are more than two dozen types of exempt organizations recognized under Section 501(c) of the Internal Revenue Code. However, the most common nonprofits, public charities and private foundations, usually seek 501(c)(3) status. If you want your nonprofit to be a 501(c)(3), include the specific tax-exempt language required by the IRS in your Certificate of Incorporation. You must organize your nonprofit to permanently dedicate its activities, income, and assets to the pursuit of one or more IRS-recognized exempt purposes.

What About Oklahoma State Tax Exemptions?

If your nonprofit manages to obtain 501(c)(3) status from the IRS, it will also be exempt from paying the Oklahoma state franchise tax, but your organization will still need to file Form 512-E (the Oklahoma Return of Organization Exempt from Income Tax) annually within 4 1/2 months of the end of its fiscal year. If your organization qualifies, you’ll submit Form 13-16-A to the Oklahoma State Tax Commission for a sales tax exemption. Learn more at our guide to Oklahoma state tax exemptions.

Does An Oklahoma Nonprofit Need A Business License?

Oklahoma doesn’t issue a single, general business license, but various state departments, counties, and cities have licensing requirements of their own. Visit the Oklahoma Department of Commerce’s website to learn if any licenses and permits apply to your nonprofit’s activities.

Do I Have To Register My Nonprofit As A Charity In Oklahoma?

If your nonprofit intends to solicit contributions in Oklahoma, it will likely need to register as an Oklahoma charity. To register, submit Form 101-01/13 (Registration Statement of Charitable Organization) to the Oklahoma Secretary of State. There is a $15 filing fee for charities receiving (or expecting to receive) $10,000 or less in annual contributions. Charities with more than $10,000 in annual contributions pay a $65 fee.

The deadline to renew your registration depends on when you registered in the first place. Your registration is valid for a full year, so the renewal deadline is always the anniversary of the previous year’s registration. That means your renewal deadline may be different each year!. Depending on annual contributions, you’ll also pay either $15 or $65 for the renewal fee.

To open a bank account for your Oklahoma nonprofit, you will need to bring the following items with you to the bank:

• A copy of your Oklahoma nonprofit’s certificate of incorporation
• A copy of your nonprofit’s bylaws
• Your Oklahoma nonprofit’s EIN

You should check your bank’s specific requirements before opening an account. Some banks need a resolution authorizing you to open a bank account in your nonprofit’s name, especially when your nonprofit has several directors or officers.