Steps to Forming a Nonprofit

  • Draft and file Articles of Incorporation with the New Mexico Public Regulation Commission (do not file until you have read the instructions to IRS Form 1023.
  • Obtain an EIN number for the Corporation by completing an Application for Employer Identification Number.
  • Draft and adopt Corporate Bylaws and Conflict of Interest Policy.
  • Complete and file 501(c)(3) application with attachments with the IRS (Form 1023) (do not file until after the board has adopted the Bylaws and Conflict of Interest Policy at its organizational meeting).
  • Conduct the organizational meeting of the Board of Directors, including (i) the adoption of Bylaws and Conflict of Interest Policy, (ii) electing officers if not listed in Articles of Incorporation and (iii) identifying a financial institution to handle the corporate funds.
  • Complete and file the New Mexico Charitable Organization Online Registration Form with the New Mexico Attorney General.  You will need the EIN to create an account.
  • Request Gross Receipts Tax Waiver for the purchases of goods and services from the NM Taxation and Revenue Department.
  • In necessary, obtain state and/or local business licenses/certifications specific to the good and/or services to be provided by the nonprofit.

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