Memorandum And Articles Of Association Charity Template for United States

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Key Requirements PROMPT example:

Memorandum And Articles Of Association Charity

"I need to draft a Memorandum and Articles of Association Charity for a new educational non-profit operating in multiple states, with a focus on youth mentorship programs, to be launched in March 2025, with provisions for both physical and online operations."

Document background
The Memorandum and Articles of Association Charity is essential when establishing a new charitable organization in the United States. This document is required for incorporation, tax-exempt status application, and regulatory compliance. It serves as the organization's constitution, defining its charitable purposes, governance structure, and operational framework. The document must align with both federal requirements, particularly IRS 501(c)(3) regulations, and state-specific nonprofit laws. It's typically prepared during the initial formation phase and may need amendments as the organization evolves.
Suggested Sections

1. Name and Registered Office: Legal name of the charity and its official registered address

2. Purpose and Objects: Clear statement of charitable purposes and objectives that align with 501(c)(3) requirements

3. Powers: Legal powers of the organization to carry out its charitable purposes

4. Board of Directors: Structure, appointment, removal, and duties of board members

5. Membership: Classes of membership, rights, and obligations if applicable

6. Meetings: Procedures for board and member meetings, including voting and quorum requirements

7. Financial Provisions: Rules regarding financial management, auditing, and reporting

8. Dissolution: Procedures for dissolution and distribution of assets

Optional Sections

1. Advisory Board: Structure and role of advisory board - used when the charity wants to establish a non-voting advisory body

2. Branches: Rules for establishing and managing branch operations - used when the charity plans to operate in multiple locations

3. Committees: Formation and operation of specialized committees - used when specific oversight or operational committees are needed

4. International Operations: Rules governing international activities - used when the charity operates internationally

Suggested Schedules

1. Conflict of Interest Policy: Required by IRS Form 1023 for tax-exempt status

2. Bylaws: Detailed operational procedures and governance rules

3. Initial Board Members: List of founding board members and their details

4. Financial Procedures: Detailed financial management and control procedures

5. Membership Categories: Detailed description of membership types and fees if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Internal Revenue Code 501(c)(3): Federal tax code section that provides tax exemption for charitable organizations and defines qualifying activities and requirements

Form 1023 Requirements: IRS application requirements for recognition of tax-exempt status, including organizational structure and operational guidelines

State Nonprofit Corporation Acts: State-specific laws governing the formation and operation of nonprofit corporations, including governance structure and filing requirements

State Charitable Trust Laws: State laws regulating charitable trusts, including fiduciary duties and asset protection requirements

State Charitable Solicitation Laws: Regulations governing fundraising activities and requirements for soliciting charitable contributions within specific states

Sarbanes-Oxley Act Provisions: Federal law provisions applicable to nonprofits, particularly regarding whistleblower protection and document retention policies

Form 990 Requirements: IRS annual reporting requirements for tax-exempt organizations, including financial disclosure and governance information

State Attorney General Oversight: State-level oversight regulations for charities, including registration, reporting, and enforcement of charitable assets

Unified Registration Statement: Multi-state charitable registration requirements for organizations operating across multiple jurisdictions

Private Foundation Rules: Specific regulations governing private foundations, including distribution requirements and prohibited transactions

UBIT Regulations: Unrelated Business Income Tax regulations governing income from activities not substantially related to charitable purpose

Public Charity Status Requirements: Rules determining qualification as a public charity versus private foundation, including public support tests and operational requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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