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The 508(c)(1)(a) New Millennium Faith-Based Initiative

The 508(c)(1)(a) New Millennium Faith-Based Initiative

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This is not overly expensive, and is simply good practice. None the less, it is a<br />

personal decision.<br />

How to form a <strong>508</strong>(c)(1)(a)<br />

<strong>The</strong>se are general guidelines of the process. It may vary from state to state. Most of the<br />

information required, including forms, may be obtained from the Secretary of State in<br />

your state of residence.<br />

1. Verify the names of a minimum of three (3) members who will be listed as the<br />

Board of Directors or whatever you may wish to name that board. Some states<br />

may require more.<br />

2. You may or may not write an Affidavit of Intent to create your church. It can be<br />

signed by the board and two or more church members. This can then be<br />

notarized as a legal document. <strong>The</strong>re is much controversy as to whether this is<br />

required (especially for a <strong>508</strong> church).<br />

3. Write your Charter of Operation and Bylaws. Make sure to indicate if the board is<br />

“clergy” led or “board led”. If clergy led, the clergy uses the board ONLY as<br />

advisers. This is not unusual for many smaller church groups. Assign one of the<br />

members as the Secretary/Treasurer. <strong>The</strong> clergy member, who is on the board,<br />

along with the Secretary/Treasurer must sign and cosign this document. Make<br />

sure to state that you are operating as a <strong>508</strong>(c)(1)(a).<br />

4. Obtain the Statement of Resignation of Registered Agent By a Foreign or<br />

Domestic For Profit / Non Profit Corporation from your State Attorney<br />

Generals office or the state website. This person should be someone who will be<br />

with the church for an extended period, and the priest or a board member may be<br />

the best option. <strong>The</strong>re may be a small fee to file this document.<br />

5. Obtain the Articles of Incorporation of a Nonprofit Corporation from your<br />

State Attorney Generals office or the state website. This form MUST be filled out<br />

exact with no errors. If you do create an error, you may be required to submit a<br />

special change form. This form should be signed by the incorporator, in this case<br />

the registered agent. This form may require a filing fee. Be sure that on the form,<br />

it asked for your primary purpose of operation, you will indicate you are operating<br />

as a <strong>508</strong>(c)(1)(a). See Note 1 at the end of this chapter.<br />

6. Make your own copies and send the signed originals of Statement of<br />

Resignation of Registered Agent By a Foreign or Domestic For Profit / Non<br />

Profit Corporation, Articles of Incorporation of a Nonprofit Corporation and<br />

your Charter and Bylaws to your State Attorney Generals Office.<br />

7. If you desire to have Sales Tax Exemption locate the Sales Tax Exemption<br />

document. <strong>The</strong> Dept. of Revenue may or may not require you send in a 1 year<br />

Page 21 of 97

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