----- 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