Nonprofit Organization Attorney Serving New Jersey
Forming and operating a nonprofit in New Jersey involves navigating both state and federal requirements. From incorporating with the Division of Revenue and registering with the Charities Registration Section to obtaining federal 501(c)(3) tax-exempt status from the IRS, each step must be completed correctly to establish and maintain your organization's legal standing and tax benefits. Mistakes in formation or ongoing compliance can jeopardize your exemption and expose board members to personal liability.
New Jersey has specific registration and reporting requirements for charitable organizations that differ from neighboring states. The Charitable Registration and Investigation Act requires organizations that solicit contributions from the public to register annually with the Division of Consumer Affairs. Understanding these obligations from the outset keeps your organization in good standing and protects your ability to fundraise.
At Agarunov Law Firm, P.C., we help nonprofit founders and organizations throughout New Jersey with formation, tax exemption, governance, and compliance. Our Englewood office at 285 Grand Avenue serves Bergen County and North Jersey, and our Manhattan office at 30 Broad Street provides access for clients on both sides of the Hudson. Schedule a free consultation to discuss your nonprofit.
Our New Jersey Legal Services
New Jersey Nonprofit Incorporation
We prepare and file the Certificate of Incorporation for New Jersey nonprofit corporations with the Division of Revenue. The certificate must include specific language required by both New Jersey law and the IRS for organizations seeking tax-exempt status, including provisions on purpose, dissolution, and the prohibition against private inurement. We ensure the formation documents satisfy both state and federal requirements from the start.
501(c)(3) Tax Exemption Applications
Obtaining federal tax-exempt status requires filing Form 1023 or Form 1023-EZ with the IRS, along with detailed information about the organization's purpose, planned activities, governance structure, and financial projections. We prepare the application to present your organization in the strongest possible light, addressing the IRS's criteria for charitable, educational, religious, or scientific exemption. The application process typically takes three to six months.
Bylaws and Governance Documents
We draft bylaws that establish the governance framework for your nonprofit, including board composition, officer roles, meeting procedures, voting requirements, conflict of interest policies, and financial oversight procedures. Strong governance documents protect against internal disputes and demonstrate to donors, grantors, and regulators that your organization operates with appropriate accountability.
NJ Charitable Registration and Annual Compliance
New Jersey requires charitable organizations that solicit contributions to register annually with the Charities Registration Section of the Division of Consumer Affairs. Registration involves filing Form CRI-300 and paying the applicable fee. Organizations must also file IRS Form 990 annually. We advise on the initial registration, ongoing filing requirements, and any exemptions that may apply based on your organization's size or type.
Nonprofit Board Advisory Services
We advise nonprofit boards on fiduciary duties, conflict of interest compliance, executive compensation considerations, and governance best practices. Board members of New Jersey nonprofits owe duties of care, loyalty, and obedience to the organization. We help boards understand these obligations and establish policies that protect both the organization and individual directors.
Nonprofit Mergers and Dissolution
When nonprofit organizations need to merge, restructure, or dissolve, New Jersey law imposes specific procedural requirements. We handle the legal process for nonprofit mergers under the New Jersey Nonprofit Corporation Act, including board and member approvals, asset transfer documentation, and regulatory filings. For organizations dissolving, we ensure remaining assets are distributed in compliance with the organization's charter and IRS requirements to preserve tax-exempt status.
What You Should Know About New Jersey Nonprofits
New Jersey's nonprofit regulatory environment requires organizations to manage compliance at both the state and federal level. The Charitable Registration and Investigation Act imposes registration and reporting requirements on organizations soliciting charitable contributions, with penalties for non-compliance including fines and loss of the ability to solicit. New Jersey also requires charitable organizations to include specific disclosures in fundraising solicitations. For organizations operating in both New Jersey and New York, dual-state registration and compliance is necessary because each state has its own charities registration requirements. Getting the formation and governance structure right from the beginning simplifies ongoing compliance and strengthens your organization's credibility with donors and grant-makers.
Why New Jersey Nonprofit Organizations Choose Agarunov Law Firm
- Dual-state licensing: admitted in both New Jersey and New York for organizations operating across state lines
- Englewood office: our Bergen County location provides direct access for North Jersey nonprofit founders
- Direct attorney access: your formation and exemption application are handled personally by a licensed attorney
- End-to-end service: we handle incorporation, bylaws, 501(c)(3) application, and charities registration in a single engagement
- Responsive communication: same-day responses to all calls and emails
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