Starting a nonprofit in Alaska

The procedure for starting a nonprofit in Alaska is governed by the Nonprofit Corporation Act of Alaska.

The nonprofit organizations that fall under the purview of this Act include organization operating in the field of  agricultural,animal husbandry, athletic, benevolent, charitable, cemetery,  civic, commercial, cultural, educational, eleemosynary, fraternal, horticultural, industrial, literary, labor unions patriotic, political, professional, religious, scientific, social and or trade association.

The rules do not apply to starting of cooperative corporations.

Eligibility for starting a nonprofit in Alaska

1) The registered office of the proposed nonprofit must have a office address in Alaska. (This may or may not be the same as its place of business)

2) The proposed nonprofit must have a registered agent based out of Alaska upon whom notices and demands may be served by the state authorities.

3) A minimum number of 3 directors required to incorporate a nonprofit in Alaska. N0 upper cap on the number of directors.The number of directors on the board of the nonprofit shall be written in the bylaws of the organization. The number of directors at the time of incorporation is to be mentioned in the articles of incorporation. Directors may or may not be residents of the state of Alaska.

4)The incorporation documents must be signed and delivered by 3 or more incorporators (who may be the same as the directors).  Each of the incorporators must be natural persons and should be at least 19 years of age.

Documents required for incorporation of a nonprofit in Alaska

1) A copy of Bylaws – The board of directors shall initially draft and adopt the first bylaws of the proposed nonprofit organization. There are no specific requirements provided by the law for drafting the by laws, however they mut contain may contain the general provisions for the regulation and management of the day to day affairs of the nonprofit organization.

Click here to download a sample Nonprofit bylaw for Alaska.

2) Articles of Incorporation - As per the provisions of the Alaska Nonprofit corporation Act, The articles of incorporation of a proposed nonprofit organization must contain – the name of the organization; the duration for which the organization is being set up ( which may be perpetual), the purpose(s) for which the nonprofit organization is being started,a dissolution clause which defines the processes to be followed at the time of the dissolution, the initial registered office address, name and address of the initial registered agent, the number, name and addresses of each of the directors that would form and serve as the initial board of directors, the name and addresses of each incorporator,a limited liability clause and its effects subject to certain limitations provided by the Act.

A nonprofit may or may not have membership provisions in its articles of incorporation.

Click here to download the official format of Articles of Incorporation for Alaska

Incorporation process –  The incorporation of non profits in Alaska is done at the Commissioner’s office.

The incorporators need to submit (in person or mailed to) originals of the articles of incorporation (in duplicate) to the commissioner at –

CORPORATIONS SECTION
PO Box 110808
Juneau AK 99811-0808

Filing fees – The current filing fee applicable for incorporating nonprofit corporations in Alaska  is USD 50.00. The filing fees must accompany all the other incorporation documents.

Final Incorporation –  This happens when the commissioner endorse on each duplicate original Articles of Incorporation the word “filed,” along with the the date of filing.

The commissioner then issues a final certificate of incorporation and returns it along with one duplicate original of the articles of Incorporation.

Time required – The entire incorporation process can be completed in as less as one day,  provided all formalities are correctly done.

Conclusion

Having completed the above formalities, a nonprofit organization comes into a formal legal existence in the state of Alaska.

The complete and original Nonprofit Corporations Act of Alaska can be assessed at –

http://touchngo.com/lglcntr/akstats/Statutes/Title10/Chapter20.htm

The process of starting a non profit corporation in Alaska is easy and can completed without hiring lawyers.

As an alternative to all this, one can seek the services of professional service providers to Incorporate their nonprofit organization.

There are literally hundreds of such service providers. (You can google them out on the net). Some examples include – http://www.activefilings.com, http://www.bizfilings.com

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About the Author:


Adrian B. Bennett is an attorney and nonprofit consultant by profession. He provides development sector legal services in areas of formation of nonprofit organizations, choice of entity, tax exemption, private foundation tax law, corporate governance and advocacy. He serves as a legal adviser to several non profit organizations in and around Florida.

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4 Responses to “Starting a nonprofit in Alaska”

  1. David Holmquist says:

    I am leading an effort to start the Alaska State Alternative Schools Association. We have written by-laws and soon will be ready to file with the state. Please explain what a “registered agent based out of the state” is and how we contact the registered agent. Thank You for your assistance, David Holmquist

  2. Christie says:

    When I am actually putting the required paperwork in the envelope to send it to the state what should be in there besides the articles of incorporation, bylaws, and the filing fee? How many copies of each do I need to send? Thank You!

  3. Frank says:

    Please refer to the latest copy of articles of incorporation.
    The last pages will mention what else is needed to be send !

  4. Frank says:

    Even you can act as a registered agent provided you have a valid street address of Alaska.(PO Box address does not suffice)
    If not, there are many professional registered agents who will be ready to act on your behalf. Check the office of the secrertary of state website of alaska for list of individuals who can act as registered agents.

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