Form ARTS-PB-501(C)(3) Articles of Incorporation of a Nonprofit Public Benefit Corporation - California

Form ARTS-PB-501(C)(3) or the "Articles Of Incorporation Of A Nonprofit Public Benefit Corporation" is a form issued by the California Secretary of State.

The form was last revised in April 1, 2018 and is available for digital filing. Download an up-to-date Form ARTS-PB-501(C)(3) in PDF-format down below or look it up on the California Secretary of State Forms website.

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Instructions for Completing the
Articles of Incorporation of a Nonprofit Public Benefit Corporation (Form ARTS-PB-501(c)(3))
A corporation organized primarily or exclusively for charitable purposes and which plans to obtain state tax exempt
status under California Revenue and Taxation Code section
23701d
and/or federal tax exempt status under Internal
Revenue Code section
501(c)(3)
is a nonprofit Public Benefit corporation. To form a Nonprofit Public Benefit
Corporation in California, you must file Articles of Incorporation with the California Secretary of State. This form is for
use by corporations seeking tax-exempt status within the meaning of Internal Revenue Code section 501(c)(3). Do
not use this form if the corporation is seeking other types of tax exemptions.
Form ARTS-PB-501(c)(3) has been created for ease in filing, however, you can compose your own document,
provided it meets statutory requirements.
Before submitting the completed form, you should consult with a private attorney for advice about your specific
business needs and whether additional article provisions for the corporation are needed.
Important Additional Steps to Obtain Tax Exemption and Avoid Paying the Minimum $800 Annual Tax:
California nonprofit corporations are not automatically exempt from paying California franchise tax or income tax
each year. Most corporations must pay a minimum tax of $800 to the California Franchise Tax Board (FTB) each
year. (California Revenue and Taxation Code section 23153.)
A separate Exemption Application (Form FTB 3500) is required in order to obtain tax exempt status in California.
For more information, go to https://www.ftb.ca.gov/businesses/Exempt-organizations.
For information regarding FTB forms and publications visit their website at
https://www.ftb.ca.gov
or contact the
FTB at (800) 852-5711 (from within the U.S.) or (916) 845-6500 (from outside the U.S.).
Fees:
Filing Fee: The fee for filing Articles of Incorporation of a Nonprofit Public Benefit Corporation is $30.00.
Faster Service Fee:
-
Counter and guaranteed expedite services are available only for documents submitted in person (drop off) to
our Sacramento office.
-
Counter Drop Off: A separate, non-refundable $15.00 counter drop off fee is required if you submit in
person (drop off) your completed document at our Sacramento office. The $15.00 counter drop off fee
provides priority service over documents submitted by mail. The special handling fee is not refundable
whether the document is filed or rejected.
-
Guaranteed Expedite Drop Off: For more urgent submissions, documents can be processed within a
guaranteed timeframe for a non-refundable fee instead of the counter drop off fee. For detailed information
about this faster processing service through our Preclearance and Expedited Filing Services, go to
www.sos.ca.gov/business/be/service-options.
Copies: Upon filing, we will return one (1) plain copy of your filed document for free, and will certify the copy upon
request and payment of a $5 certification fee. To obtain additional copies or certified copies of the filed document,
include payment for copy fees and certification fees at the time the document is submitted. Additional copy fees are
$1.00 for the first page and $0.50 for each additional page. For certified copies, there is an additional $5.00
certification fee, per document.
Payment Type: Check(s) or money orders should be made payable to the Secretary of State. Do not send cash by
mail. If submitting the document in person in our Sacramento office, payment also may be made by credit card
(Visa® or MasterCard®).
Processing Times: For current processing times, go to
www.sos.ca.gov/business/be/processing-times.
2018 California Secretary of State
ARTS-PB-501(c)(3) Instructions (REV 04/2018)
www.sos.ca.gov/business/be
Instructions for Completing the
Articles of Incorporation of a Nonprofit Public Benefit Corporation (Form ARTS-PB-501(c)(3))
A corporation organized primarily or exclusively for charitable purposes and which plans to obtain state tax exempt
status under California Revenue and Taxation Code section
23701d
and/or federal tax exempt status under Internal
Revenue Code section
501(c)(3)
is a nonprofit Public Benefit corporation. To form a Nonprofit Public Benefit
Corporation in California, you must file Articles of Incorporation with the California Secretary of State. This form is for
use by corporations seeking tax-exempt status within the meaning of Internal Revenue Code section 501(c)(3). Do
not use this form if the corporation is seeking other types of tax exemptions.
Form ARTS-PB-501(c)(3) has been created for ease in filing, however, you can compose your own document,
provided it meets statutory requirements.
Before submitting the completed form, you should consult with a private attorney for advice about your specific
business needs and whether additional article provisions for the corporation are needed.
Important Additional Steps to Obtain Tax Exemption and Avoid Paying the Minimum $800 Annual Tax:
California nonprofit corporations are not automatically exempt from paying California franchise tax or income tax
each year. Most corporations must pay a minimum tax of $800 to the California Franchise Tax Board (FTB) each
year. (California Revenue and Taxation Code section 23153.)
A separate Exemption Application (Form FTB 3500) is required in order to obtain tax exempt status in California.
For more information, go to https://www.ftb.ca.gov/businesses/Exempt-organizations.
For information regarding FTB forms and publications visit their website at
https://www.ftb.ca.gov
or contact the
FTB at (800) 852-5711 (from within the U.S.) or (916) 845-6500 (from outside the U.S.).
Fees:
Filing Fee: The fee for filing Articles of Incorporation of a Nonprofit Public Benefit Corporation is $30.00.
Faster Service Fee:
-
Counter and guaranteed expedite services are available only for documents submitted in person (drop off) to
our Sacramento office.
-
Counter Drop Off: A separate, non-refundable $15.00 counter drop off fee is required if you submit in
person (drop off) your completed document at our Sacramento office. The $15.00 counter drop off fee
provides priority service over documents submitted by mail. The special handling fee is not refundable
whether the document is filed or rejected.
-
Guaranteed Expedite Drop Off: For more urgent submissions, documents can be processed within a
guaranteed timeframe for a non-refundable fee instead of the counter drop off fee. For detailed information
about this faster processing service through our Preclearance and Expedited Filing Services, go to
www.sos.ca.gov/business/be/service-options.
Copies: Upon filing, we will return one (1) plain copy of your filed document for free, and will certify the copy upon
request and payment of a $5 certification fee. To obtain additional copies or certified copies of the filed document,
include payment for copy fees and certification fees at the time the document is submitted. Additional copy fees are
$1.00 for the first page and $0.50 for each additional page. For certified copies, there is an additional $5.00
certification fee, per document.
Payment Type: Check(s) or money orders should be made payable to the Secretary of State. Do not send cash by
mail. If submitting the document in person in our Sacramento office, payment also may be made by credit card
(Visa® or MasterCard®).
Processing Times: For current processing times, go to
www.sos.ca.gov/business/be/processing-times.
2018 California Secretary of State
ARTS-PB-501(c)(3) Instructions (REV 04/2018)
www.sos.ca.gov/business/be
If you are not completing this form online, please type or legibly print in black or blue ink. Complete the Articles
of Incorporation of a Nonprofit Public Benefit Corporation (Form ARTS-PB-501(c)(3) as follows:
Item
Instruction
Tips
1.
Enter the name of the proposed
• There are legal limitations on what name can be used for the
corporation exactly as it is to appear on
corporation. For general corporation name requirements
the records of the California Secretary
and restrictions or for information on reserving a corporation
of State.
name prior to submitting Form ARTS-PB-501(c)(3), go to
www.sos.ca.gov/business/be/name-availability.
• A name reservation is not required to submit Form
ARTS-PB-501(c)(3).
• A preliminary search of corporation names already of record
can be made online through our Business Search at
BusinessSearch.sos.ca.gov. Please note: The Business
Search is only a preliminary search and is not intended to
serve as a formal name availability search. For information
on checking or reserving a name, go to
www.sos.ca.gov/business/be/name-availability.
2a.
Enter the complete street address, city,
• The complete street address is required, including the
state and zip code of the corporation’s
street name and number, city, state and zip code.
initial address.
• Address must be a physical address.
• Do not enter a P.O. Box address, an “in care of” address, or
abbreviate the name of the city.
2b.
If different from the address in Item 2a,
• This address will be used for mailing purposes and may be a
enter the corporation’s initial mailing
P.O. Box address or “in care of” an individual or entity.
address.
• Do not abbreviate the name of the city.
The corporation must have an Agent
3.
• An Agent for Service of Process is responsible for accepting
for Service of Process.
legal documents (e.g. service of process, lawsuits, other
types of legal notices, etc.) on behalf of the corporation.
There are two types of Agents that
• You must provide information for either an individual OR a
can be named:
registered corporate agent, not both.
• an individual (e.g. officer, director, or
• If using a registered corporate agent, the corporation must
any other individual) who resides in
have a current agent registration certificate on file with the
California with a physical California
California Secretary of State as required by Section 1505.
street address; OR
• a registered corporate agent qualified
with the California Secretary of State.
3a & b. If Individual Agent:
• The complete street address is required, including the
street name and number, city and zip code.
• Enter the name of the initial agent
• Do not enter a P.O. Box address, an “in care of” address, or
for service of process and the
abbreviate the name of the city.
agent’s complete California street
address, city and zip code.
• Many times, a small corporation will designate an officer or
director as the agent for service of process.
• If an individual is designated as the
initial agent, complete Items 3a and
• The individual agent should be aware that the name and the
3b ONLY. Do not complete Item
physical street address of the agent for service of process is
3c.
a public record, open to all (as are all the addresses of the
corporation provided in filings made with the California
Secretary of State.)
2018 California Secretary of State
ARTS-PB-501(c)(3) Instructions (REV 04/2018)
www.sos.ca.gov/business/be
If Registered Corporate Agent:
3c.
• Before a corporation is designated as agent for another
corporation, that corporation must have a current agent
• Enter the name of the initial
registration certificate on file with the California Secretary of
registered corporate agent exactly
State as required by Section
1505
stating the address(es) of
as registered in California.
the registered corporate agent and the authorized
employees that will accept service of process of legal
• If a registered corporate agent is
documents and notices on behalf of the corporation.
designated as the initial agent,
complete Item 3c ONLY. Do not
• Advanced approval must be obtained from a registered
complete Items 3a and 3b.
corporate agent prior to designating that corporation as your
agent for service of process.
• No California or foreign corporation may register as a
California corporate agent unless the corporation currently is
authorized to engage in business in California and is in good
standing on the records of the California Secretary of State.
• Provide your Registered Corporate Agent’s exact name as
registered with the California Secretary of State. To confirm
that you are providing the exact name of the Registered
Corporate Agent, go to
https://businessfilings.sos.ca.gov/frmlist1505s.asp.
• A corporation cannot name itself as agent.
4.
The purpose statement is required.
• You must check one or both of the boxes in Item 4a.
• If you check the “public” purposes box in Item 4a, or if you
Check the applicable box to indicate
intend to apply for tax-exempt status (see Items 5a-5d), you
whether you are organizing for "public"
must enter the specific purpose of the corporation in Item
purposes, or "charitable" purposes.
4b.
Check both boxes if you are organizing
for both "public" and "charitable"
• If you check “charitable” purposes box only, you may enter
purposes.
the specific purpose of the corporation in Item 4b.
5.
These additional statements must not
• Items 5a-5d: These statements are required if you intend to
be altered.
apply for tax exempt status from the Internal Revenue
Service or the California Franchise Tax Board under Internal
Revenue Code section
501(c)(3)
and California Revenue
and Taxation Code section 23701d.
• If the corporation is seeking other types of tax exemptions,
you must compose your own Articles of Incorporation.
6.
Form ARTS-PB-501(c)(3) must be
• If you need more space for signatures:
signed by each incorporator.
-
Place the additional signatures on only one side of a
standard letter-sized piece of paper (8 1/2" x 11")
clearly marked as an attachment to Form ARTS-PB-
501(c)(3) and attach the extra page(s) to the completed
Form ARTS-PB-501(c)(3).
-
All attachments are part of this document.
• Multiple Form ARTS-PB-501(c)(3)s with different signatures
will be returned without being filed – use only one form.
• Do not include the title of the person signing.
2018 California Secretary of State
ARTS-PB-501(c)(3) Instructions (REV 04/2018)
www.sos.ca.gov/business/be
Mail Submission Cover Sheet (Optional): To make it easier to receive communication related to this document,
including receipt of the copy of the filed document, complete the Mail Submission Cover Sheet. For the Return
Address: enter the name of a designated person and/or company and the corresponding mailing address. Please
note the Mail Submission Cover Sheet will be treated as correspondence and will not be made part of the filed
document.
Where to File: Completed forms along with the applicable fees, if any can be mailed to Secretary of State, Business
Entities Filings Unit, P.O. Box 944260, Sacramento, CA 94244-2260 or delivered in person (drop off) to the
Sacramento office, 1500 11th Street, 3rd Floor, Sacramento, CA 95814. This form is filed only in the Sacramento
office.
Legal Authority: General statutory filing provisions are found in Sections
5120-5122 et
seq. and
5130-5134 et
seq.
All statutory references are to the California Corporations Code, unless otherwise stated.
Statement of Information: A Statement of Information
(Form
SI-100) must be filed with the California Secretary
of State within 90 days after filing the Articles of Incorporation and every two years thereafter during the
applicable filing period. The applicable filing period is the calendar month in which the Articles of Incorporation
were filed and the immediately preceding five calendar months. (Section 6210.)
Additional Resources: For a list of other agencies you may need to contact to ensure proper compliance, go to
www.sos.ca.gov/business/be/resources. Note: The California Secretary of State does not license corporations. For
licensing requirements, please contact the city and/or county where the principal place of business is located and/or
the state agency with jurisdiction over the activities of the corporation.
2018 California Secretary of State
ARTS-PB-501(c)(3) Instructions (REV 04/2018)
www.sos.ca.gov/business/be
Secretary of State
Business Programs Division
Business Entities, P.O. Box 944260, Sacramento, CA 94244-2600
Mail Submission Cover Sheet
Instructions:
• Complete and include this form with your submission. This information only will be used to communicate with you
in writing about the submission. This form will be treated as correspondence and will not be made part of the filed
document.
• Make all checks or money orders payable to the Secretary of State.
• Do not include a $15 counter fee when submitting documents by mail.
Standard processing time for submissions to this office is approximately 5 business days from receipt. All
submissions are reviewed in the date order of receipt. For updated processing time information, visit
www.sos.ca.gov/business/be/processing-times.
Optional Copy and Certification Fees:
• If applicable, include optional copy and certification fees with your submission.
For applicable copy and certification fee information, refer to the instructions of the specific form you are submitting.
Contact Person:
(Please type or print legibly)
First Name:
Last Name:
__________________________________________________
_______________________________________________
Phone (optional):
______________________________________________
Entity Information:
(Please type or print legibly)
Name:
__________________________________________________________________________________________________________________
Entity Number
:
(if applicable)
_____________________________________
Comments:
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
Return Address: For written communication from the Secretary of State related to this document, or if
purchasing a copy of the filed document enter the name of a person or company and the mailing address.
Name:
Company:
Secretary of State Use Only
Address:
T/TR:
City/State/Zip:
AMT REC’D:
$
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