The Texas nonprofit formation sequence
- Define the charitable purpose. Write what the organization will do, whom it will serve, and where it will operate.
- Build the initial board. Choose directors who can govern independently, approve finances, document decisions, and manage conflicts.
- Check the proposed name. Search the Texas Secretary of State records before paying for branding or printing.
- Choose a registered agent. Confirm the agent meets current state requirements and has agreed to receive official notices.
- Prepare the Form 202, Certificate of Formation — Nonprofit Corporation. Follow the current Texas Secretary of State instructions. The listed starting charge is $25.
- Adopt governance documents. Approve bylaws, conflict procedures, officers, banking authority, and organizational minutes.
- Obtain an EIN. Apply directly with the IRS after the entity is formed and preserve the confirmation notice.
- Choose the correct IRS application. Complete the official eligibility worksheet before deciding between Form 1023 and Form 1023-EZ.
- Complete additional state registrations. Address state tax exemption, fundraising registration, and any purpose-specific approvals that apply.
- Calendar recurring filings. Track the IRS Form 990 series, state reports, charity renewals, board meetings, and conflict disclosures.
Common Texas formation mistakes
- Assuming a Texas nonprofit corporation is automatically exempt from federal or state taxes.
- Using an LLC filing merely because it states a nonprofit purpose.
- Failing to preserve the filed certificate, bylaws, resolutions, and organizational minutes.
- Failing to distinguish documents filed with agencies from bylaws, policies, and minutes kept in the corporate record book.
What Start Your Cause prepares
The guided questionnaire organizes the facts used in customizable formation and governance templates, including Articles language, bylaws, a conflict-of-interest policy, organizational minutes, an EIN guide, a Form 1023 preparation guide, and a state-specific next-step checklist.
Frequently asked questions
How much does it cost to incorporate a nonprofit in Texas?
Texas Secretary of State currently lists $25 for the primary formation filing or required state charges described above. Optional services, payment charges, and other registrations may add cost.
Does Texas incorporation create 501(c)(3) status?
No. State incorporation creates the state-law entity. Federal 501(c)(3) recognition generally requires a separate IRS application.
Which IRS form should a new organization use?
Organizations must complete the current IRS Form 1023-EZ Eligibility Worksheet. Those that are not eligible for Form 1023-EZ generally use the full Form 1023.
Does Start Your Cause file these documents?
No. Start Your Cause provides customizable document templates and educational guidance. Customers review, sign, and submit required filings themselves.
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