The Legal Steps Behind Setting Up a Nonprofit Corporation in Missouri

Congratulations! You have decided to take a big step and start a nonprofit corporation. Nonprofits may be started for a number of reasons, including religious, scientific, educational, or another personal reason.  There are certain legal steps that need to be taken in order to be successful in forming a non profit corporation in Missouri. Phillips, McElyea, Carpenter, and Welch is here to tell you the key steps behind setting up a nonprofit corporation in Missouri.


The Legal Steps Behind Setting Up a Nonprofit Corporation in Missouri


1. Choose who the initial board of directors will be.


 In, Missouri you must have at least 3 directors.

2. Choose a name for the nonprofit organization.

The name you choose for the nonprofit needs to be distinguishable from other businesses on file with the Missouri Secretary of State. 

3. Create and file the nonprofit articles of incorporation.

Contact the Missouri Secretary of State's office and create and file the  nonprofit articles of incorporation. The articles will need to include:

  • the name of the nonprofit
  • indication of the nonprofit either being a public benefit or mutual benefit corporation
  • the physical address of its initial registered office and the name of its initial registered agent at that office
  • a statement regarding the distribution of assets upon dissolution
  • whether the nonprofit will have members
  • the name and address of each incorporator

There are more requirements for nonprofit articles of incorporation listed on the RSMo 355.096. For more IRS requirements, check the IRS website.    


4. Prepare bylaws for the nonprofit organization.

Create bylaws that comply with Missouri law and include rules and procedures the nonprofit will follow. The bylaws are meant to be the internal operating manual.

5. Hold the first board meeting with the directors.

The first meeting is essential. You should take actions such as:

  • appointing officers
  • approving the bylaws
  • approving initial transactions of the corporation, such as the opening of a corporate bank account
  • setting an accounting period and tax year
Keep minutes that accurately record the actions of the board.

6. Establish a corporate record book.


Keep a binder for all of the nonprofit records including documents such as articles of incorporation, bylaws, and minutes of the meetings.

7. Obtain the federal and state tax exemptions for the  nonprofit.


 a. File the form 1023.

 b. Obtain the Missouri state tax exemptions

 c. Determine if there are other state reporting and registration requirements that the particular non profit organization must follow.

PMCW Law is Here to Help You Get Your Nonprofit Corporation Started!


Our experienced attorneys at the Lake of the Ozarks are very knowledgeable when it comes to the legal steps behind setting up a nonprofit corporation in Missouri. We are here for you throughout the entire process. For legal experience you can trust, call us at 573-346-7231 today.


Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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