[Hidden-tech] 501(c)(3)

[Edbride-PR]

----- Original Message ----- 
From: "Jeff Mackler" <jeff at rubberneck.net>
To: <Hidden-discuss at lists.hidden-tech.net>
Sent: Tuesday, April 21, 2009 9:25 PM
Subject: [Hidden-tech] 501(c)(3)

> I'm looking for a lawyer to help with the formation of a new non- profit. 
> We need someone with experience getting the paperwork done  and getting 
> the process completed without speedbumps.  The non-profit  will be largely 
> based in the web world, so ideally a lawyer with some  knowledge in that 
> area would be great.  I know there are online  services that are cheap and 
> claim that they can get this done, but I'm  a bit wary of that (unless 
> you've got an experience that proves  otherwise).
>


I have an experience that proves otherwise. It is a myth that you need a 
lawyer to navigate this process, it's not nearly as intimidating nor as 
complicated as people might think. I just completed this process with the 
Pittsfield CityJazz Festival, and the amount of time I put in would be 
measured in hours, not days.

We did have some excellent guidance from Gene Wenner, a Pittsfield-based 
arts and entertainment consultant. In fact, that's the name of his business: 
Arts and Entertainment Consultants, Inc.
 http://www.aecwenn.com/

Gene has the forms and/or can point you where you need to go to get them 
(all are available online). You could hire him to do the paperwork, but the 
intellectual content really needs to come from you. So, you can type it into 
Word and send it to a lawyer/consultant, or type it directly into the forms. 
Honestly, it's really pretty straightforward.

The first thing you need to do is get your tax ID number from the I.R.S. 
Then, register the organization with the state. Both of these are about 
5-minute processes on the respective web sites.

The third step, then, is to go back to the I.R.S. for the 501 forms. From 
registering with Massachusetts to the I.R.S. approval, it took us less than 
three months.
        Actually, there is a prerequisite to the filing process: you need to 
establish certain basic processes with by-laws, and some organizations feel 
they should have a lawyer's assistance for that. But by-laws can be based on 
generic forms, too. The forms take you through tne necessary assurances 
about conflicts, business relationships, etc. You can make your by-laws as 
detailed and complicated as you want, or make them straightforward and 
simple, and then have amendments as experience may dictate.

But in terms of getting the 501(c)3 designation, that can be accomplished 
with the assistance of an experienced person with or without a law degree. 
You'd enjoy working with Gene.

Hope this helps,
Ed