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Articles Of Incorporation For Domestic Nonprofit Corporation Form - Secretary Of State - 2013 Page 2

HELP SHEET: Articles of Incorporation for Domestic Nonprofit Corporation

1. This form provides the minimal information necessary to file a nonprofit corporation. It is advised that you contact an

attorney for assistance and guidance in consideration of additional provisions that may be necessary for your

organization.

2. ITEM 4:

Members are those individuals who can vote to elect the board of directors or elect delegates who in turn

elect the board of directors.

Public Benefit Corporations are those corporations operating for public or charitable purposes. As such,

members may not sell their interest or receive distributions from the organizations. Written notice of intent to

dissolve must be given to the Attorney General.

Mutual Benefit Corporations are organizations such as trade associations, social clubs, and fraternal

organizations designed to benefit their members. Members, as such, are given broader voting rights.

Members, while not entitled to receive distributions while the organization is operating, will be entitled to sell

their memberships and receive distributions when the organization dissolves.

Religious Corporations are treated in a way similar to public benefit corporations. Written notice of intent to

dissolve must be given to the Attorney General.

3. ITEM 5

The Internal Revenue Service (IRS) requires specific language to be included in Articles of Incorporation in order to

qualify for nonprofit tax status. It is advised that you contact the IRS for their language requirements.

4. Annual reports must be filed with the Secretary of State prior to April 15 each year beginning the year following the

incorporation and each year thereafter. Each year the Secretary of State will mail a notice that the Annual Report is

due to the corporation’s registered agent.

(35-2-904,

MCA)

sos.mt.gov/Business/Forms

54-Domestic_Nonprofit_Corporation_Articles_of_Incorporation.doc

Revised: 6/21/2013

Articles Of Incorporation For Domestic Nonprofit Corporation Form - Secretary Of State - 2013 Page 2