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Legality varies from state-to-state in regards to establishing a nonprofit. The best way to answer any questions you have is to phone your secretary of state's office and ask them about legal issues. In most states, you'll need to register the name of your nonprofit. Forms vary, but you can get information about the right form for you by talking to a representative at the Secretary of State's office. There may be some fees depending on where you live. Chose a name that's unique and reflects your mission statement. When starting a nonprofit, there are many forms you must fill out at both a national and state level. These forms legally establish the fact your business raises funds for operating costs alone and may entitle you and your board members to certain tax exemptions down the road. Ask the representative where to get the proper forms and how to file them. Ask about any existing regulations in your state. You want to make sure everything is squared away before beginning to fundraise, hire employees, and advertise your nonprofit. There are a variety of tax forms you need to fill out when establishing a nonprofit. These forms once again reiterate the fact your organization does not operate for profit. You must fill out forms at both the state and local level. To figure out what forms you need to fill out, call the IRS at 800-TAX FORM. You can also visit www.irs.gov. Bylaws are essentially your organization's operating manual. Established by your board of directors, bylaws establish legal, business, fundraising, and fund allocation proceedings for your nonprofit. Your nonprofit's bylaws must be in compliance with the state and federal government's regulations regarding nonprofit operation and management. Do some research to assure your company's bylaws are in accordance with the law. Your local law library will likely have documents related to bylaw regulations for your state and on the national level. Ask a librarian for assistance if you need help location relevant legal books and documents. It may be a good idea to hire a lawyer during this process. Bylaws can be confusing if you do not have experience reading legal documents. If you have someone on the board of directors with experience in law, ask this person if he or she would be willing to look over bylaw regulations for you. You need to establish transparent policies and standards for your organization and then share them with everyone involved. Keep in mind as your organization grows and changes, policies and standards will as well. Policies and standards should outline expectations for members, staff, and volunteers of your organization. People work together more successfully when they understand shared goals and values. Your policies are the types of services you provide, protocol for veterinary care, and individuals allowed to provide care to animals in your rescue. Standards include the expectations for how these policies will be carried out. You should draft a 5 to 10 page document outlining your policies and standards. Share this with everyone involved in the organization so your goals are clear. This can minimize the misunderstandings that sometimes lead to tension in an organization. You will likely need space to operate your nonprofit. You'll need to select a suitable location and then figure out how to legally obtain said location for your organization. The type of land you'll need depends on what kind of rescue you're building. If you're taking in mainly domestic animals, like dogs and cats, you'll need some kind of building. If you're focused on livestock, farm land is necessary. You'll need to consult real estate and legal experts here who can help point you to the right land and help you watch out for common mistakes and pitfalls when selection a location. Look into local zoning laws. Zoning laws outline what land can be used for in a given area. If there are zoning laws that affect you're ability to operate a nonprofit in a given space, you may have to select a different property. However, you can also consult a lawyer to check for any legal loopholes. If you're purchasing a building, keep in mind most buildings will need to be adapted for your use. Try to talk to a contractor to get an estimated legal cost of repairs and renovations you'll need for your purposes. If you're hoping to help families and individuals adopt animals through your rescue, look for a building that's easily accessible to the general public. Consider things like parking, traffic, and what kinds of establishments surround your area.
Call your Secretary of State's office. Talk to the IRS. Research by laws. Define your organization's policies and standards. Look into zoning and building issues.