How to Start a Nonprofit Corporation in Tennessee (2023 Guide)

According to the Center for Nonprofit Management, there are over 27,000 nonprofit organizations in Tennessee, making it a prevalent sector in the state. If you’re passionate about making a positive impact and contemplating starting your own nonprofit corporation in Tennessee, this comprehensive guide will provide you with all the fundamental information you need to set the right foot forward in 2023.

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1. Understand the Concept of a Nonprofit Corporation

A nonprofit corporation is an organization dedicated to addressing a social, educational, or charitable cause rather than operating for profit. It is important to familiarize yourself with the distinctive features that distinguish a nonprofit corporation from a for-profit entity:

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- **Mission-focused**: Nonprofit organizations exist primarily to serve society, defined by a specific mission or purpose.

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- **Tax-exempt status**: Nonprofit corporations usually enjoy tax exemptions, making cash donations and grants more attractive to potential donors.

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- **Governance**: Nonprofit corporations are governed by a board of directors who oversee the organization's activities and objectives.

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2. Define the Purpose and Mission of Your Nonprofit Corporation

Before diving into the incorporation process, it is crucial to clearly define the purpose and mission of your nonprofit corporation. Take the time to answer the following questions:

- What societal issue or cause is your nonprofit corporation addressing?

- What is the overall mission of your organization?

- How will you achieve your objectives?

A concise and compelling mission statement will not only guide your organization’s efforts but also serve as a powerful tool to engage donors and volunteers.

3. Choose a Suitable Name for Your Nonprofit Corporation

Selecting a suitable name for your nonprofit corporation requires careful consideration. Ensure that your chosen name is not already in use and complies with Tennessee nonprofit naming requirements. In the state of Tennessee, a nonprofit corporation must include a term such as "corporation," "incorporated," or an appropriate abbreviation.

Check the availability of your desired name through the Tennessee Secretary of State website before proceeding.

4. Recruit a Dedicated Board of Directors

As a nonprofit corporation, assembling a dedicated and diverse board of directors is crucial to your success. Individuals with a passion for your cause and expertise in various areas such as legal, finance, or marketing are valuable additions to your board. Seek committed individuals who are willing to provide their time, skills, and financial resources.

5. Develop a Comprehensive Business Plan

Though nonprofits exist to serve a social or charitable cause, it is essential to establish a solid business plan to ensure the sustainability and growth of your organization. Consider including the following elements:

- Executive summary: An overview of your organization's mission, goals, and objectives.

- Organizational structure: Outline the roles and responsibilities of staff, volunteers, and board members.

- Fundraising strategy: Develop a comprehensive plan to secure funding for your organization's activities.

- Marketing and outreach: Detail the steps you will take to raise awareness and engage potential supporters.

6. Incorporate Your Nonprofit Corporation

To become an official nonprofit corporation in Tennessee, you must incorporate your organization. Here is a step-by-step guide:

i. File Articles of Incorporation

Prepare and file the Articles of Incorporation with the Tennessee Secretary of State. These include essential details such as the corporation's name, physical address, purpose, and identity of incorporators.

ii. Obtain an Employer Identification Number (EIN)

Visit the Internal Revenue Service (IRS) website and apply for an Employer Identification Number (EIN). This number will be required for various financial transactions and to fulfill tax obligations.

iii. Draft Bylaws and Conflict of Interest Policy

Develop comprehensive bylaws outlining your organization's internal procedures, roles, and responsibilities. Additionally, create a Conflict of Interest policy to safeguard the nonprofit's integrity and promote transparency.

iv. Apply for Tax-Exempt Status

To enjoy the benefits of tax exemption, you must apply for tax-exempt status from the IRS. The appropriate form to use for most charitable organizations is the IRS Form 1023 or the shorter Form 1023-EZ.

7. Registration and Compliance

Finally, make sure your nonprofit corporation is compliant with state and federal regulations. Register with the Tennessee Division of Charitable Solicitations and Gaming to lawfully solicit funds or engage in charitable activities. Additionally, familiarize yourself with other necessary licenses or permits required for your specific operations.

Conclusion

Starting a nonprofit corporation in Tennessee can be a rewarding and fulfilling endeavor. By following this step-by-step guide, defining your purpose, organizing a committed board of directors, and navigating the legal and compliance steps, you will be well on your way to making a positive impact in your community. Embrace the challenges, always keep your mission in sight, and bring about meaningful change in Tennessee.

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