501c3 todo

This is a rough todo page for Tyler and others helping to answer 501c3 application questions.

Notes

Part III

• 1 Section 501(c)(3) requires that your organizing document state your exempt purpose(s), such as charitable, religious, educational, and/or scientific purposes. Check the box to confirm that your organizing document meets this requirement. Describe specifically where your organizing document meets this requirement, such as a reference to a particular article or section in your organizing document. Refer to the instructions for exempt purpose language. Location of Purpose Clause (Page, Article, and Paragraph)
  • This is in ARTICLE 1 - "Purposes section of bylaws", but could be clearer as to how our purpose relates to the "exempt purposes"
• 2a Section 501(c)(3) requires that upon dissolution of your organization, your remaining assets must be used exclusively for exempt purposes, such as charitable, religious, educational, and/or scientific purposes. Check the box on line 2a to confirm that your organizing document meets this requirement by express provision for the distribution of assets upon dissolution.

• • We appear to not have any dissolution clause(s) in our bylaws
  • Considering http://www.npagr.org/bylaws/article11.shtml as a good example

• • Article IX in the Certificate of Incorporation already covers dissolution

Part V

DONE

• 4a Do you or will the individuals that approve compensation arrangements follow a conflict of interest policy?
  • Answered NO
  • It is recommended to have a conflict of interest policy in setting compensation - do we have one?
• 5a Have you adopted a conflict of interest policy consistent with the sample conflict of interest policy in Appendix A to the instructions? If “Yes,” provide a copy of the policy and explain how the policy has been adopted, such as by resolution of your governing board.
  • Review Appendix A to the instructions to confirm our policy, Article III - Section 3.9, meets their requirements
  • Jan-08: Reviewing a policy with board

• • Policy approved by board - Tyler to post final version

Part VIII

• The following “Yes” or “No” questions relate to goods, services, and funds you provide to individuals and organizations as part of your activities. Your answers should pertain to past, present, and planned activities. (See instructions.)
  • Review instructions
  • Do conferences and premium donations count as good/services?
• 4a Do you or will you undertake fundraising? If “Yes,” check all the fundraising programs you do or will conduct. (See instructions.)
  • Review instructions
• 12a Do you or will you operate in a foreign country or countries? If “Yes,” answer lines 12b through 12d. If “No,” go to line 13a. (b) Name the foreign countries and regions within the countries in which you operate. (c) Describe your operations in each country and region in which you operate. (d) Describe how your operations in each country and region further your exempt purposes
  • Does this mean subsidiary? Not sure what it means to "operate"
  • (what is our long-term international strategy)
• 13a Do you or will you make grants, loans, or other distributions to organization(s)?
  • How to answer, likely 'No' as we focus on covering costs or working with individuals and not organisations normally
• 15 Do you have a close connection with any organizations? If “Yes,” explain.
  • See explanation to determine whether any association with Autodesk is consider 'close'

Part X - Public Charity Status

• 5 indicate the type of public charity status you are requesting by checking one of the choices below. -> line 5
  • not a, b, c, e, f
  • Is it g, h or i (let IRS decide whether g or h)?
• 6 request for advance ruling - ensure advance ruling idea is understood clear

Required Attachments

Part II

DONE Part complete - docs attached

• 1 Articles of incorporation: certificate
• 5 Bylaws: bylaws

Part IV

• Using an attachment, describe your past, present, and planned activities in a narrative. If you believe that you have already provided some of this information in response to other parts of this application, you may summarize that information here and refer to the specific parts of the application for supporting details. You may also attach representative copies of newsletters, brochures, or similar documents for supporting details to this narrative.

• Narrative description of organisation purpose needed: 501c3 narrative

Part V

• 1a List the names, titles, and mailing addresses of all of your officers, directors, and trustees. For each person listed, state their total annual compensation, or proposed compensation, for all services to the organization, whether as an officer, employee, or other position. Use actual figures, if available. Enter “none” if no compensation is or will be paid. If additional space is needed, attach a separate sheet. Refer to the instructions for information on what to include as compensation.
  • Provide list of all officers, etc.
  • Include all VP's?
  • Necessary for volunteers
• 3a For each of your officers, directors, trustees, highest compensated employees, and highest compensated independent contractors listed on lines 1a, 1b, or 1c, attach a list showing their name, qualifications, average hours worked, and duties.

• • Necessary for all officers or only compensated employees? volunteers?
• 4g ... describe how you set compensation that is reasonable for your officers, etc.....
• 5a Have you adopted a conflict of interest policy consistent with the sample conflict of interest policy in Appendix A to the instructions? If “Yes,” provide a copy of the policy and explain how the policy has been adopted, such as by resolution of your governing board.
  • Supply copy of policy from bylaws Article III - Section 3.9

Part VIII

• 4a Do you or will you undertake fundraising? If “Yes,” check all the fundraising programs you do or will conduct. (See instructions.)
  • Attach a description of each fundraising program.
• 4d List all states and local jurisdictions in which you conduct fundraising. For each state or local jurisdiction listed, specify whether you fundraise for your own organization, you fundraise for another organization, or another organization fundraises for you.
  • Should be easy: ALL, just us
• 10 Do you or will you publish, own, or have rights in music, literature, tapes, artworks, choreography, scientific discoveries, or other intellectual property? If “Yes,” explain. Describe who owns or will own any copyrights, patents, or trademarks, whether fees are or will be charged, how the fees are determined, and how any items are or will be produced, distributed, and marketed.
  • Explain as described
• 11 Do you or will you accept contributions of: real property; conservation easements; closely held securities; intellectual property such as patents, trademarks, and copyrights; works of music or art; licenses; royalties; automobiles, boats, planes, or other vehicles; or collectibles of any type? If “Yes,” describe each type of contribution, any conditions imposed by the donor on the contribution, and any agreements with the donor regarding the contribution.
  • Explain IP transfer process as described

Part IX

• A. 23 Any expense not otherwise classified, such as program services (attach itemized list)
  • 'attached itemised list
  • ensure conference and operating costs are classified correctly
• B. 19 Have there been any substantial changes in your assets or liabilities since the end of the period shown above? If “Yes,” explain.
  • Explain further donations and liabilities in first real full operating year (2007)

Part X

• 7 Did you receive any unusual grants during any of the years shown on Part IX-A. Statement of Revenues and Expenses? If “Yes,” attach a list including the name of the contributor, the date and amount of the grant, a brief description of the grant, and explain why it is unusual.
  • attach list of unusual grants

Part XI

• User Fee.. gross receipts > $10k annually? -> pay $750
  • See instructions for Part XI for a definition of gross receipts over a 4-year period
  • Payable to "United States Tresaury"