Community Development Clinic (LAWS 6011)

"A nonprofit organization is formed for charitable, educational, religious, scientific, community development or other socially beneficial purposes. While nonprofit corporations are the most popular form of organization for nonprofit activities, unincorporated associations or trusts are also options to consider. The choice of entity may be necessitated by factors such as the longevity of the endeavor, the planned activities, the need to own or lease facilities and the need to hire staff.

Many people prefer to form a nonprofit corporation, in part, because of the liability protection a corporation provides. For example, if a nonprofit corporation is sued, the assets of its owners are generally protected because corporate assets are distinct from personal assets. Incorporating should therefore be considered if the organization will acquire assets such as buildings, equipment, or vehicles to be used in the delivery of services, or if it will be necessary to hire employees. Ultimately, your nonprofit organization may wish to consult an attorney and/or tax professional before deciding which nonprofit classification is best suited for your organization." The Ohio Secretary of State, Guide to Starting a Nonprofit in Ohio, p.1 (2017).

Under Ohio Law a nonprofit organization can be eithe an unincorporated association or a nonprofit corporation.

• Uniform Unincorporated Nonprofit Association Act: Chapter 1745 of the Ohio Revised Code (ORC). [Be Aware]
• Nonprofit Corporation Law: Chapter 1702 of the Ohio Revise Code (ORC). [Be Aware]

Ohio Secretary of State, Filing Forms & Fee Schedule (forms listed under Domestic Nonprofit Corporation Filing Forms)

• Certificate of Amendment (Nonprofit, Domestic Corporation)

Websites:

• Nolo, How to Form an Ohio Nonprofit Corporation
• Ohio Secretary of State, Guide to Starting a Nonprofit in Ohio (2017).
• Ohio Attorney General, Charitable Registration
• Ohio Attorney General, Ohio's Charitable Registration System Webinars

Linking to sources:

• USA.gov, Starting a Nonprofit Organization

Westlaw Edge

• Certificate of Amendment to Article of Incorporation (OH) (discussed nonprofit corporations)