The Delaware non-profit corporation is sought out and used by non-profits worldwide for its many unique protections of corporate directors and officers, which may not be available for a non-profit filed in your home state. We provide the Delaware form of Certificate of Incorporation required by the Internal Revenue Service for 501(c)(3) organizations. The form should be submitted to the IRS with the Form 1023 application to apply for a determination of tax-exempt status. Incnow is not able to provide tax advice or say whether your corporation will be able to qualify as a tax-exempt organization, 501(c)(3) or otherwise.
Note that our form includes three additional paragraphs not on the state’s default forms. Without these three paragraphs, your certificate of incorporation would need to be amended before submitting it to the IRS. We also include in our complete package the bylaws and minutes of the meeting of incorporation, which you will also need. Note that there are no stock certificates in a non-profit corporation. Instead the organization is organized exclusively for the benefits to go to the charitable cause. In your charitable organization operations plan, which you can prepare after incorporating, you can narrow the general charitable purpose. In addition you can amend the bylaws after you receive them from us to insert a more detailed charitable purpose. You will also need to have at least 3 directors listed, when you apply to the IRS for a “tax Determination Letter”. The 1023 application is available from IRS.gov and should be completed by you.