How to Start a Non-Profit Organization in Virginia

 1. File Articles of Incorporation

The first step in establishing a non-profit organization is to file Articles of Incorporation with the State Corporation Commission (SCC). This step requires basic consideration of details of the desired organization, such as a name, purpose, and functionality. Once the SCC accepts the Articles of Incorporation, a certificate of incorporation will be issued by the SCC, establishing the legal existence of the non-profit.

2. Creation of Bylaws

If not previously determined by the SCC, the non-profit must next establish a board of directors who will be able to determine bylaws of the organization. Bylaws will include general organizational structure of the organization, including leadership and election cycles.

3. Obtain Employee Identification Number (EIN)

An EIN, which is assigned by the IRS, allows the organization to function economically. This will allow the organization to open a bank account and apply for tax exemption.

4. Apply for Federal Tax Exemption

Applying for tax exemption first requires that the organization has written a "Conflict of Interest" policy, which can be incorporated into the bylaws. Once the organization has applied for federal tax exemption through the IRS, the IRS may deem the organization federally exempt and offer a "Letter of Determination", which serves as proof of exemption. Additionally, the receipt of federal tax exemption will also allow the organization to be exempt within the state of Virginia.

5. Charitable Solicitation Registration

An organization that plans on contributing to charities must register for solicitation with the Virginia Department of Agriculture and Consumer Services. Once registered, the organization will be allow to make charitable contributions within Virginia.

6. File Annual Reports

Once steps 1-5 have been completed, the organization is now official within Virginia. In order to remain in good legal standing, the organization must file annual reports to Virginia, keep up with tax information, and re-apply for charitable solicitation annually. Otherwise, the organization may begin operations freely according to Virginia laws.

References

Davis Law Group. (2023, September 21). 7 Legal Steps to Creating a Nonprofit Organization in Virginia. Dlgva.com. https://www.dlgva.com/7-legal-steps-to-creating-a-nonprofit-organization-in-virginia/

University of Richmond School of Law. (2025). Starting a Nonprofit in Virginia. University of Richmond. https://law.richmond.edu/faculty/initiatives/nonprofit.html

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