The following information is provided as a courtesy. It is the nonprofit organization’s sole responsibility to comply with applicable federal and state regulations governing nonprofits. Below are some of those requirements (this is not intended to be a full explanation of all the requirements and is provided for informational purposes as a courtesy):
- Statement of Information: due to the Secretary of State within 60 days of incorporation and every two years thereafter. The filing period is the calendar month during which the initial Articles of Incorporation were filed and the immediately preceding five calendar months (so if incorporated in September 2016, the Statement is due and can be filed from April – September 2018 and every 2 years thereafter.) Penalties for failure to file Statement of Information: Secretary of State will suspend organization and assess a fine of up to $250. http://www.sos.ca.gov/business-programs
- Registration & Annual filings with Attorney General: Annual Report (Form RRF-1) due to the Attorney General. Same filing deadline as Form 990. See http://oag.ca.gov/charities
- Form 990: due to IRS on the 15th day of the 5th month after close of fiscal year (May 15 based on fiscal year ending December 31.) Penalty: auto-revocation of tax-exempt status if organization fails to fails for 3 consecutive years. https://www.irs.gov/charities-non-profits/form-990-resources-and-tools
- Form 199: due to California Franchise Tax Board in same time period as IRS Form 990 mentioned above (May 15.) Penalty: auto-revocation of tax-exempt status if organization fails to fails for 3 consecutive years. https://www.ftb.ca.gov/businesses/Exempt-organizations/index.shtml?WT.mc_id=Business_Info_ExemptOrg
The organization may wish to consult with an accountant, attorney, or nonprofit consultant to ensure compliance with applicable federal and state requirement and recommended best practices.
California Association of Nonprofits has a professional directory of consultants serving the nonprofit sector. http://calnonprofits.org/resources
There is the LA County Bar Association referral line at www.smartlaw.org
Community Partners has information on their website regarding starting and operating a nonprofit. http://www.communitypartners.org/
So does Center for Nonprofit Management www.cnmsocal.org
Best regards in your endeavors!
Adrienne N. Newsom, Esq.
President & Chief Operating Officer, The GRYD Foundation