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California Corporations
California Non Profit Corporation
Non Profit Corporation Name
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The name must not be likely to mislead the public, be the same as, or
resemble so closely as to lead to deception, the name of a domestic or
qualified foreign corporation, a name under reservation, or the registered
or assumed name of a foreign corporation. The name would need Superintendent
of Bank's approval if it contained the words "Bank," "Trust," or "Trustee."
The three primary types of nonprofit corporations, namely, public benefit,
mutual benefit and religious, are described below.
A. A corporation organized primarily for charitable purposes and which plans to
obtain state tax exempt status under Section 23701d of the Revenue and Taxation
Code and/or federal tax exempt status under Section 501(c)(3) of the Internal
Revenue Code or organized to act as a civic league or a social welfare
organization and which plans to obtain state tax exempt status under Section
23701f of the Revenue and Taxation Code and/or federal tax exempt status under
Section 501(c)(4) of the Internal Revenue Code is a nonprofit PUBLIC BENEFIT
corporation.
B. A corporation for other than religious, charitable, civic league or social
welfare purposes and planning to obtain tax exempt status under provisions other
than Sections 23701d, 23701f, 501(c)(4) or not planning to be tax exempt at all
is a nonprofit MUTUAL BENEFIT corporation.
C. A corporation organized to operate a church or to be otherwise structured for
primarily religious purposes is a nonprofit RELIGIOUS corporation.
- Articles of Incorpoartion containing
the following information
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The Articles must include a statement of the name of the corporation, which
name must be exactly as you want it to appear on the records of the Secretary of State.
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Mutual Benefit Corporation – This exact statement is required by the California
Corporations Code and cannot be modified.
Public Benefit Corporation – This exact statement is required by the California
Corporations Code and cannot be modified except to include the applicable purpose
description.
Religious Corporation – This exact statement is required by the California
Corporations Code and cannot be modified.
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A statement describing the specific purpose should to be included and, in
fact, must be included if the corporation is organized for public purposes or if the
corporation intends to apply for state franchise tax exemption.
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The Articles must include a statement as to the name and California address
of the initial agent for service of process. The designated agent, whether an individual or
a corporation, must agree to accept service of process on behalf of the corporation prior
to designation. A corporation cannot designate itself as its own agent for service of
process. When designating another corporation as agent, that other corporation must
have previously filed a Certificate Pursuant to Section 1505, California
Corporations Code, with the Secretary of State. When a corporate agent is used, the
address of the designated corporation must be omitted.
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The Franchise Tax Board requires this
language before state tax exemption may be granted.
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The Articles of Incorporation must be originally signed by an incorporator, or by
directors, if initial directors have been named in the document. If directors are named,
each director must both sign and acknowledge the articles. The names of incorporators
or directors must be typed beneath their signatures.
The original and at least two copies of the Articles of Incorporation, together with the applicable
fee, must be mailed or hand delivered to the Secretary of State’s office. (If documents are filed
in the Fresno, Los Angeles, San Diego or San Francisco regional office, a duplicate original is
also required).
- Filling Fees
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The fee for filing Articles of Incorporation on behalf of a nonprofit,
nonstock corporation is $30.00. Check(s) should be made payable to the
Secretary of State.
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Any additional copies submitted with the original will be certified
upon request and payment of the $8.00 per copy certification fee.
California Incorporation homepage
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