Sunday, August 2, 2020

Starting a Non-Profit 501(c)3 Organization in Virginia

The Virginia State Corporation Commission webpage provides a wealth of information for starting a non-profit. They have a 'Businesses' section that is broken down into several categories, each of which are pertinent to someone looking to start a non-profit. They are:

Clerk's Information System (CIS) FAQs
Create a New Business
Existing Business Resources
New Business Resources
Forms & Fees
UCC Filings

Exploring the 'New Business Resources' tab, another webpage with categories opens up. There is a 'GETTING STARTED' section that lists several more option, two of which will provide the most help for a new individual: 

1) Learn about Business Types and Categories

2) Frequently Asked Question About New Business

As a non-profit, your business category would classify as a nonstock corporation (more info about this can be found by clicking #1 above). In the FAQ About New Business, there is a link specifically for 'Virginia Nonstock Corporations including Nonprofits'. While it's important to read though each of the other sections and understand why/how your desire to start a non-profit will be categorized as it is, the previous link really explains the steps to starting a nonprofit.

The first step to forming a Virginia Nonstock Corporation is to file articles of incorporation via a two page form (Form SCC819) with the Clerk's Office. This form is similar to tax forms where the second page provides information on what to include in each section of the form on page 1. Once approved, the Commission will issue a certificate of incorporation. In order to obtain tax-exempt status, the nonprofit must file with the IRS via IRS Publication 557. Virginia SCC also provides an organizational toolkit that provides a very succinct version of what is needed to begin a non-profit, which includes the information above.

In Virginia, every nonstock corporation is managed by a board of directors. These directors appoint the officers of the corporation. Directors are commonly selected by the members of the organization. A Registered Agent is also required for nonstock corporations in Virginia. Only one person can serve in this position. This position has one purpose - if any notice or demand is served upon on them, they will forward the information to the last known address of the business entity (nonprofit).

In summary, it seems as though three main things are needed: 

1) File for Articles of Incorporation
2) If desiring tax-exempt status, register with the IRS
3) Select a Registered Agent

Other necessary things are components of one the above (establishing a board of directs, members, etc.).

Other Resources:

Code of Virginia: Chapter 10: Virginia Nonstock Corporation Act

Starting a non-profit as it relates to my study area: Mainside Quantico.

Mainside Quantico has numerous wildlife trails that allow for walking, hiking and biking opportunities throughout. Additionally, the Chopawamsic Wildlife Viewing Area is part of Virginia Department of Wildlife Resources' Virginia Bird and Wildlife Trail. Currently, there is a biking club on Quantico that while it's not affiliated with the base, they have been granted access to improve trails and propose new biking/hiking trails. All requests require approval from the base commander as well as environmental evaluations to ensure threatened/endangered species are not adversely impacted.

For Mainside, I think it could be beneficial for a group similar to a Master Gardener program. My thought would be that this group would help with coordinating base plantings, encouraging native and/or non-invasive ornamentals to be planted instead of non-natives. The Master Gardeners could focus heavily on invasive identification and removal programs and hopefully with greater members be able to really focus on invasive removal. For example, Japanese Stilt Grass (Microstegium vimineum) or Mile-a-minute (Persicaria perfoliata) can be mechanically treated by hand pulling (also herbicidal treatments), but with enough volunteers hand pulling, this can be an effective means of treating these species. It's possible a different organization could be created instead, as in addition to invasive species treatments, some of these species removal projects would benefit greatly from erosion control projects along streams where Japanese Knotweed (Reynoutria japonica)is removed.

I envision that this organization would work closely with base natural resources to track documentation and changes over time, ensure proper techniques are practiced and for accountability for actions occurring on the base on behalf of the natural resources. I think this group could have a great effect on the installation and if successful on Mainside, groups could shift to the west side and conduct smaller area surveys - most likely following delineation of the training areas. Area by area, the base could be surveyed and treated for invasives. This would take a significant amount of time, but again with numerous volunteers, this could be a meaningful task with long-lasting impacts.

Overview of Fish, Wildlife, & Agronomy program on Marine Corps Base Quantico

The presentation below covers information about the FWA Program on Quantico.


Starting a Non-Profit 501(c)3 Organization in Virginia

The Virginia State Corporation Commission webpage provides a wealth of information for starting a non-profit. They have a 'Businesses...