Utah Nonprofit Articles of Incorporation
Nonprofit articles of incorporation is the document filed to create
a Utah nonprofit corporation.
Preparing and filing your articles of incorporation is the first step in starting your
nonprofit corporation. Approval of this document secures your corporate name and
creates the legal entity of the
nonprofit. Only after this approval can you apply for 501c, apply for fundraising licenses,
open a bank account, and otherwise conduct business.
Benefits
Incorporating provides many important benefits:
- Limits the liability of directors, officers, and shareholders
- Fulfills statutory requirements to register your organization's
name
- Is a prerequisite for applying for 501(c) tax exemption
- Provides governance and adds credibility to the business or organization
Fast Facts
Agency: | Utah Department of Commerce - Division of Corporations and Commercial Code |
Instructions: | Information on Incorporating a Nonprofit Corporation |
Filing Method: | Online |
Agency Fee: | $59 |
Turnaround: | ~1 business day online. |
Law: | UT Code § 16-6a-201 et seq. |
Notes: | Charities required to file an IRS Form 990, 990-EZ, 990-N, or 990-PF must include an unredacted copy of their most recent 990 when filing formation documents. Schedule B of the form is not required to be submitted, however. |
Required Attachments: |
- IRS Form 990, 990-EZ, 990-N, or 990-PF (if applicable)
|
Other Helpful Utah Facts
As you are preparing to incorporate, keep in mind the following requirements specific
to Utah, keep in mind:
Utah Directors
- Number: minimum 3
- Qualifications: Natural person 18 years of age or older. No residency requirement. No membership requirement.
- Term: 1 year
- Quorum: majority
- Committee: minimum 2 directors
Utah Officers
- Defined in bylaws or board resolution. One officer prepares minutes of the directors' and members' meetings, keeps required records, and authenticates records.
- Qualifications: Natural person 18 years of age or older. Need not be a director.
- Two or more offices may be held by the same individual.
Utah Members
- Members: optional
- Regular meeting: required annually
- Quorum: presence of voting members
Revised December 18, 2024. Complete data last reviewed December 18, 2024.