What is a non-profit organization in Ohio?
A non-profit organization is formed for socially beneficial purposes. It can for instance be charitable, religious, educational, or scientific purposes, or for the purpose of community development.
Are all non-profit organizations in Ohio corporations?
No. A majority of the non-profit organizations in Ohio are corporations, but unincorporated non-profit organizations and trusts also exist.
One of the main reasons why the corporation is such a popular choice for non-profit activities is because it is a straight-forward way to obtain liability protection.
Starting a non-profit corporation in Ohio
To be legally organized in Ohio, the non-profit corporation must file Initial Articles of Incorporation with the Ohio Secretary of State’s Office.
This is done using Form 532B.
Information that must be included in the Initial Articles of Incorporation, in accordance with Ohio Revised Code Section 1702.04:
- The name of the non-profit corporation.
- The location, in Ohio, where the corporation’s principal office will be located.
- The purpose or purposes for which the non-profit corporation is formed.
The incorporator (the person who creates the corporation) must sign the Initial Articles of Incorporation.
Appointing a Statutory Agent
At the same time as the Articles of Incorporation are filed, the non-profit corporation must appoint a statutory agent. The role of the statutory agent is to accept service of process on behalf of the corporation, including notices and other legal documents.
When the Articles of Incorporation are being filed, the non-profit corporation must therefore also file the Original Appointment of Statutory Agent. For convenience, this is done on the same form as the Initial Articles of Incorporation.
The incorporator must sign the Original Appointment of Statutory Agent. If the entity has more than one incorporator, a majority of the incorporators must sign.
The appointed Statutory Agent must also sign to indicate acceptance of the appointment.
Who can be a statutory agent for my non-profit corporation in Ohio?
The statutory agent must be one of the following:
- A natural person residing in Ohio.
- A domestic of foreign corporation, nonprofit corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited partnership association, professional association, business trust, or unincorporated nonprofit association that has a business address in Ohio.
If the statutory agent is a business entity, it must also fulfil the requirements Title XVII of the Revised Code to transact business or exercise privileges in Ohio.
To submit filings online for a non-profit corporation in Ohio, visit bsportal.sos.state.oh.us.
You can pay the filing fee using one of the major credit cards.
Paper forms can be filed by sending them to the address provided on the first page of the filing form. You can download the forms (to print them out yourself) by visiting OhioSecretaryofState.gov .
Pay the filing fee by enclosing a check, money order or credit card authorization form.
Filings can be submitted in person at the Secretary of State’s Client Service Center at 180 E. Broad St., Suite 103 (Ground Floor), Columbus, OH 43215.
The service centre is open Monday – Friday, from 8 am to 5 pm.
Statement of Continued Existence
Every five years, the non-profit corporation must file a Statement of Continued Existence with the Ohio Secretary of State’s Office, to let the office know of the corporation’s continued existence. This is done using Form 522.