Should a study group incorporate? Or get a 501 (c)(3) status?

  • A group of 35 meets monthly to study how to use homeopathic medicines for self and family care. Should we incorporate or seek a non profit status for security?


  • Dear arnica-ga; Thank you for allowing me an opportunity to answer your interesting question. Fundamentally speaking, there are a number of reasons to incorporate an organization and seek non-profit status: Your Association Makes a Profit From its Activities You Want to Apply for Public or Private Grant Money You Want Protection From Personal Liability for the Group's Activities You Want to Solicit Tax-Deductible Contributions Your Advocacy Efforts Might Provoke Legal Quarrels If these are important to your group?s efforts and identification there may indeed be some benefit to seeking this status. There are other perks such reduced postage rates, property tax exemptions or reduced insurance rates so if you use a lot of postal services or own property collectively these too may be productive for your association have. Earned income is probably one of the most common reasons for seeking the non-profit status. Particularly if your group is accepting membership dues, money for services, or grants from outside agencies looking for tax deductions for their contributions. You can read a great deal about this here: EARNING INCOME AS A NONPROFIT CORPORATION http://www.nolo.com/lawcenter/ency/article.cfm/objectID/FB682F05-ADA1-4B8A-ACC2830A855686DB Potential liability is another reason some associations choose to incorporate into a non-profit status: ?According the most recent Wyatt Nonprofit Organizational Directors? and Officers? Liability Survey, average cost to defend a lawsuit runs between $35,000 and $100,000. The same survey reported that typical indemnity payments from an adverse judgment average $457,000.? COMMON LIABILITY RISKS OF NONPROFIT DIRECTORS & OFFICERS http://www2.austincc.edu/tano/pdfs/LiabilityRisks.pdf There are other reasons to incorporate of course but these seem to be the most discussed. On the other hand there are also some disadvantages to making such a move, such as shared control, cost, paperwork, continual effort and diligence, and much closure scrutiny of your activities by both the public and the governing agencies. I recommend you evaluate the overall mission of your study group to see if these points are issues of great concern. If so, then it may be prudent for you to seek legal guidance and perhaps move toward a non-profit status provided that move is right for you or, if not, to give up on the notion altogether. With the proper legal guidance of course the decision is ultimatley yours. I hope you find that my research exceeds your expectations. If you have any questions about my research please post a clarification request prior to rating the answer. Otherwise I welcome your rating and your final comments and I look forward to working with you again in the near future. Thank you for bringing your question to us. Best regards; Tutuzdad-ga ? Google Answers Researcher INFORMATION SOURCES FIVE REASONS TO INCORPORATE YOUR NONPROFIT ASSOCIATION http://www.nolo.com/lawcenter/ency/article.cfm/objectID/F63DD4C1-456C-418F-A1066A3F3FBE05A5 EARNING INCOME AS A NONPROFIT CORPORATION http://www.nolo.com/lawcenter/ency/article.cfm/objectID/FB682F05-ADA1-4B8A-ACC2830A855686DB WHAT ARE THE ADVANTAGES/DISADVANTAGES OF BECOMING A NONPROFIT ORGANIZATION? http://fdncenter.org/learn/faqs/html/np_pro_con.html NON-PROFIT OR NOT? DECIDING TO INCORPORATE http://www.avianrescue.org/non_profit.html SEARCH STRATEGY SEARCH ENGINE USED: Google ://www.google.com SEARCH TERMS USED: Advantages, Non-profit, incorporation, liability, grants, earned income