45
0
Fork
You've already forked project-issues
0

[IMPORTANT] Nonprofit registration #8

Open
opened 2025年10月15日 01:56:48 +02:00 by songtech-0912 · 9 comments

Project Elara aims to become a nonprofit as soon as the necessary legal and logistical prerequisites are met. This is one of the most important milestones on our roadmap and it requires several things:

  • Having a strong funding infrastructure in place, with members that have expertise in finances and management to help us manage our funds
  • Having a governance structure in place and ensuring self-governance (the ability for the project to independently run itself)
  • Formalizing our Charter into a legally-rigorous by-law, which must be signed by enough of the team to be ratified

I will use this as a continuous issue tracker as we pursue these goals and add any other information as necessary in the comments below.

Project Elara aims to become a nonprofit as soon as the necessary legal and logistical prerequisites are met. This is one of the most important milestones on our roadmap and it requires several things: - Having a strong funding infrastructure in place, with members that have expertise in finances and management to help us manage our funds - Having a governance structure in place and ensuring self-governance (the ability for the project to independently run itself) - Formalizing our [Charter](https://elaraproject.org/charter) into a legally-rigorous by-law, which must be signed by enough of the team to be ratified I will use this as a continuous issue tracker as we pursue these goals and add any other information as necessary in the comments below.
Author
Owner
Copy link

Update: I have drafted a set of proposed amendments to the Charter that (a) sets out how funds can be distributed, (b) formalizes a governance system and (c) should meet the requirements of a legally-sound nonprofit bylaw, among other things. The combined amendments + a legal audit of it + signatures of a supermajority of the team (see #13) is sufficient for full passage. However, the Charter will not come into force until we officially gain 501(c)(3) nonprofit status, meaning that abiding by the Charter will be on a voluntary basis until then, and we still have time to make changes before it is legally formalized.

Update: I have drafted [a set of proposed amendments](https://codeberg.org/elaraproject/website/pulls/28) to the Charter that (a) sets out how funds can be distributed, (b) formalizes a governance system and (c) should meet the [requirements of a legally-sound nonprofit bylaw](https://www.501c3.org/nonprofit-bylaws-the-dos-and-donts/), among other things. The combined amendments + a legal audit of it + signatures of a supermajority of the team (see https://codeberg.org/elaraproject/project-issues/issues/13) is sufficient for full passage. However, the Charter will not come into force until we officially gain 501(c)(3) nonprofit status, meaning that abiding by the Charter will be on a voluntary basis until then, and we still have time to make changes before it is legally formalized.
Author
Owner
Copy link

Note: before final ratification of the Charter, it will be necessary to change "Provisional Charter" in the title to "Charter" to reflect that it is no longer provisional.

Note: before final ratification of the Charter, it will be necessary to change "Provisional Charter" in the title to "Charter" to reflect that it is no longer provisional.
Author
Owner
Copy link

Update: after some discussions it seems like the "public charity" IRS category is the best for us, so we will be applying as a public charity.

Update: after some discussions it seems like the "public charity" IRS category is the best for us, so we will be applying as a public charity.
Author
Owner
Copy link

Update: after consultation with financial advisors, we need to register under the IRS and NY state law to first obtain 501(c)(3) status, then set up a nonprofit bank account. This will allow us to then apply for grants reserved exclusively for 501(c)(3)s. In the meantime, we can apply for OpenCollective grants that do not require such status (see #48).

Update: after consultation with financial advisors, we need to register under the IRS and NY state law to first obtain 501(c)(3) status, then set up a nonprofit bank account. This will allow us to then apply for grants reserved exclusively for 501(c)(3)s. In the meantime, we can apply for OpenCollective grants that do not require such status (see https://codeberg.org/elaraproject/project-issues/issues/48).
Author
Owner
Copy link

Also: we should document the process of nonprofit registration either as a series of news articles on our website, a series on our substack, or both. I think it would be very helpful to have a guide for other nonprofits.

Also: we should document the process of nonprofit registration either as a series of news articles on our website, a series on our substack, or both. I think it would be very helpful to have a guide for other nonprofits.
  • Bring Credit Card and ID for next visit, as well as passport
  • Aaron needs to create an account for the Bank of America
  • Jacky, Aaron, and Riya need to fill out the 501 (c)(3) documentation as three directors to register Project Elara as an official not-for-profit organization by the US government to earn grants worth from 250,000ドル to 1,000,000ドル for more advanced equipment and salaries.
  • Ask Professor Turner about an office for Project Elara. Virtual Offices can be used and contain virtual addresses, which could include Jacky's house, but must not include RPI.
  • Bad activity could lead to big trouble as regulations for not-for-profit organizations are stricter. A lawyer will be needed, especially one that works with not-for-profit organizations, to stay out of legal trouble.
  • All transactions from Project Elara as a not-for-profit organization must be publicly recorded or legal trouble will happen.
  • Linking Jacky's personal card with the organization will require him to talk with the CPA and a lawyer because it could jeopardize his account as well as complicate taxes. Therefore, it will be better to hold Project Elara's money in a (nonprofit) organizational account, and invest in a CD to keep with inflation or a FDIC-backed investment that will double the amount every seven years.

Edited by: Jacky

- Bring Credit Card and ID for next visit, as well as passport - Aaron needs to create an account for the Bank of America - Jacky, Aaron, and Riya need to fill out the 501 (c)(3) documentation as three directors to register Project Elara as an official not-for-profit organization by the US government to earn grants worth from 250,000ドル to 1,000,000ドル for more advanced equipment and salaries. - Ask Professor Turner about an office for Project Elara. Virtual Offices can be used and contain virtual addresses, which could include Jacky's house, but **must not include** RPI. - Bad activity could lead to big trouble as regulations for not-for-profit organizations are stricter. A lawyer will be needed, especially one that works with not-for-profit organizations, to stay out of legal trouble. - All transactions from Project Elara as a not-for-profit organization must be publicly recorded or legal trouble will happen. - Linking Jacky's personal card with the organization will require him to talk with the CPA and a lawyer because it could jeopardize his account as well as complicate taxes. Therefore, it will be better to hold Project Elara's money in a (nonprofit) organizational account, and invest in a CD to keep with inflation or a FDIC-backed investment that will double the amount every seven years. Edited by: Jacky
Author
Owner
Copy link

Very important and a prerequisite for nonprofit registration: #57

Very important and a prerequisite for nonprofit registration: https://codeberg.org/elaraproject/project-issues/issues/57
Author
Owner
Copy link
Important/useful links: - [IRS 501c3 information](https://www.irs.gov/charities-non-profits/application-for-recognition-of-exemption) - [IRS registration course for nonprofits](https://www.irs.gov/charities-non-profits/stay-exempt/starting-out-to-get-tax-exempt-status) - [NY state registration information for nonprofits](https://ag.ny.gov/resources/government-organizations/charities-nonprofits-fundraisers/charities-registration)
Author
Owner
Copy link

Also after we finish we should create a Project Elara LinkedIn company page and then advertise Elara on LinkedIn.

Also after we finish we should create a Project Elara [LinkedIn company page](https://business.linkedin.com/advertise/linkedin-pages) and then advertise Elara on LinkedIn.
Sign in to join this conversation.
No Branch/Tag specified
main
No results found.
Milestone
Clear milestone
No items
No milestone
Projects
Clear projects
No items
No project
Assignees
Clear assignees
No assignees
2 participants
Notifications
Due date
The due date is invalid or out of range. Please use the format "yyyy-mm-dd".

No due date set.

Dependencies

No dependencies set.

Reference
elaraproject/project-issues#8
Reference in a new issue
elaraproject/project-issues
No description provided.
Delete branch "%!s()"

Deleting a branch is permanent. Although the deleted branch may continue to exist for a short time before it actually gets removed, it CANNOT be undone in most cases. Continue?