Maine Articles of Incorporation Domestic Nonprofit Corporation | Form MNPCA-6 |
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The Maine Articles of Incorporation Domestic Nonprofit Corporation | Form MNPCA-6 must be filed with the Maine Secretary of State when an Incorporator wishes to form a domestic nonprofit corporation in the State of Mane. Regardless of the type of nonprofit corporation being formed (i.e. benefit corporation), the Maine Secretary of State must receive and approve a completed articles of incorporation. Depending on the type of corporation being formed other governing entities will have a separate set of requirements that an Incorporator must take the initiative with these entities. For instance, while the nonprofit articles of incorporation satisfy the Maine SOS, they do not achieve Tax Exempt Status with the Internal Revenue Service. This will require a separate application process. You may have to use specific wording on these articles as well (i.e. 501(c) compliant language). Incorporators are generally advised to seek professional advice with appropriate entities in order to be abreast of the process.
The Maine Articles of Incorporation Domestic Nonprofit Corporation, any relevant attachments, and full payment of the $40.00 filing fee (payable by check, money order, or credit card) must be mailed in to the Maine Secretary of State at Secretary of State, Division of Corporations, UCC and Commissions, 101 State House Station, Augusta, ME 04333-0101.
How To File
Step 1 – Download the Maine Articles of Incorporation Domestic Nonprofit Corporation here: Form MNPCA-6. You may use a PDF program to fill it out onscreen or you may print it then fill it out.
Step 2 – In the First Article, report the Name of the Nonprofit Corporation being filed in these articles. Make sure this is the Full Name of the Corporation and is written exactly as it is to be known.
Step 3 – Define the purpose of forming this nonprofit corporation in the Second Article. You may choose one of two options. If the corporation is a public benefit corporation, list the specific purpose or goal of this entity, in the empty area below this choice and place an X in the first box. If this is a mutual benefit nonprofit corporation, then leave the first box blank and place an X in the second box. You must list the specific purpose or purposes for forming the corporation in the blank area below this choice. You may only choose one type of corporation for this article.
Step 4 – In the Third Article, you must indicate whether the Clerk/Registered Agent is commercial or noncommercial and report some information regarding his/her/their identity and location. The Clerk is the party who has consented to receive service of process if this entity is sued on behalf of this entity. If the Clerk is a commercial registered Agent then, place an X in the first box and report his/her CRA Public Number in the space provided on the right. If the Clerk is a Noncommercial Registered Agent then place an X in the second box and enter the Full Name of the Noncommercial Registered Agent on the first line after this choice. You must also report the Physical Street Address of the Noncommercial Registered Agent below the Name and, if different, the Mailing Address, of the Noncommercial Registered Agent, on the last line of this section.
Step 5 – The Fourth Article must be listed as per 5 MRSA §108.3. If there has been a Commercial Registered Agent listed in the previous article, the Fourth Article confirms that he or she has consented to receiving service of process documentation on behalf of the corporation.
Step 6 – The Fifth Article defines how many Initial Directors this corporation is being formed with. Enter the number of Directors (minimum of 3) the forming nonprofit has at the time of creation. Then, in the second paragraph, enter the Minimum Number of Directors this corporation will need to operate according to these articles in the first blank space. Then in the second blank space will require the Maximum Number of Directors this corporation may have as a result of being formed by these articles.
Step 7 – In the Sixth Article, indicate if there will be members in this nonprofit corporation. If there will be no members then place and X in the first Box. If there will be members then place an X in the second box. If there are member you must report the information required by 13-B MRSA §402 in an attachment which is clearly labeled.
Step 8 – If the nonprofit corporation being formed by these articles shall refrain from participating in any political activities, for one or all political campaigns, then place an X in the Box in the Seventh Article.
Step 9 – If these articles must include any additional provisions or attachments necessary to satisfy I.R.S Code 501(c), you must indicate this in the Eighth Article. First, place an X in the box on the first line. Then, on the blank space in the paragraph, report the Exhibit Number or Letter of each attachment. Make sure the attachments are clearly labeled.
Step 10 – At the bottom of this form, under the heading “Incorporators,” each Incorporator should provide his or her Signature, Printed Name, and Residence Address on the appropriate spaces. The next page is the Filer Contact Cover Letter and will also have to be submitted.
Step 11 – Report the Name of the Entity filing these articles under the heading “Name of Entity (s).” There will be two blank lines to do this.
Step 12 – In the next section, you will need to List the Type of Filings being submitted. Do this by writing out the full Title of each form being submitted.
Step 13 – Under the heading, “Special handling Requests,” check the first box if you require the Maine Secretary of State to hold documents to be returned for pick up. If you require 24 hour service then place an X in the second box (this will cost an additional $50.0o), labeled “Expedited filing – 24 hour service.” If you wish immediate service, then select the third box (this will require an additional $100.00 processing fee). Once you have decided upon the level of expediting service you require (if any), report the total amount of money that must be paid and will thus be included with the submittal package.
Step 14 – Beneath the paragraph beginning with the words “Contact Information,” enter the Full Name, Daytime Telephone Number, and Email Address of the individual the State of Maine may contact in respect to this submittal package.
Step 15 – The last four lines will require Recipient Information to be reported. First enter the Full Name of the Recipient on the first line. Then on the second line enter the Name of the Firm or Company the recipient works in, and the Mailing Address of the Recipient.
Step 16 – You may mail all supporting documents and the Maine Articles of Incorporation Domestic Nonprofit Corporation | Form MNPCA-6 to:
Maine Secretary of State at Secretary of State
Division of Corporations, UCC and Commissions
101 State House Station
Augusta, ME 04333-0101
The filing fee for these articles is $40.00. You may expedite the processing of this filing to 24 hour service for an additional $50.00, expedite it to immediate service for an additional payment of $100.00. Payments may be made with a check or money order made payable to Secretary of State. Full payment for all applicable fees must be delivered with the submittal package.