Utah Nonprofit Articles of Incorporation
Nonprofit articles of incorporation is the document filed to create a Utah nonprofit corporation.
Preparing and filing your articles of incorporation is the first step in starting your nonprofit corporation. Approval of this document secures your corporate name and creates the legal entity of the nonprofit. Only after this approval can you apply for 501c, apply for fundraising licenses, open a bank account, and otherwise conduct business.
Benefits
Incorporating provides many important benefits:
- Limits the liability of directors, officers, and shareholders
- Fulfills statutory requirements to register your organization's name
- Is a prerequisite for applying for 501(c) tax exemption
- Provides governance and adds credibility to the business or organization
Fast Facts
| Agency: | Utah Department of Commerce - Division of Corporations and Commercial Code |
| Instructions: | |
| Filing Method: | |
| Agency Fee: | $59 |
| Turnaround: | ~1 business day online. |
| Law: | UT Code § 16-6a-201 et seq. |
| Notes: | Charities required to file an IRS Form 990, 990-EZ, 990-N, or 990-PF must include an unredacted copy of their most recent 990 when filing formation documents. Schedule B of the form is not required to be submitted, however. |
| Required Attachments: |
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Other Helpful Utah Facts
As you are preparing to incorporate, keep in mind the following requirements specific to Utah, keep in mind:
Utah Directors
- Number: minimum 3
- Qualifications: Natural person 18 years of age or older. No residency requirement. No membership requirement.
- Term: 1 year
- Quorum: majority
- Committee: minimum 2 directors
Utah Officers
- Defined in bylaws or board resolution. One officer prepares minutes of the directors' and members' meetings, keeps required records, and authenticates records.
- Qualifications: Natural person 18 years of age or older. Need not be a director.
- Two or more offices may be held by the same individual.
Utah Members
- Members: optional
- Regular meeting: required annually
- Quorum: presence of voting members
