Does a small nonprofit community run cemetery have to be incorporated? How would I find that information in writing?

Question

A new committee member is trying to get us to incorporate. Most do not think this is necessary and we have never been told we needed to do so or what all that would entail.  This person is trying to use scare tactics to force us into something that we do not think we are required to do.  So we wanted to find what we could in writing to bring to the next meeting. This is a small North Carolina nonprofit community run cemetery.

James L. Arrasmith · Answer

In North Carolina, there is no strict requirement that a small nonprofit community-run cemetery must be incorporated. Incorporation can provide certain legal protections and formalities, but it is not mandatory for every nonprofit. The decision to incorporate should be based on an understanding of the potential benefits and drawbacks for your specific situation. 
 
To find this information in writing, you can refer to the North Carolina Secretary of State’s website, which provides guidelines on the incorporation of nonprofits. Additionally, consulting the North Carolina General Statutes, particularly those related to cemetery operations and nonprofit organizations, may provide clarity. It may also be helpful to contact a local attorney or reach out to the North Carolina Cemetery Commission for more specific advice. 
 
At your next meeting, you can present these resources to ensure everyone has accurate information before making a decision. It’s important that decisions like this are made based on facts and not fear, so gathering the correct information is a wise step.

Q: Does a small nonprofit community run cemetery have to be incorporated? How would I find that information in writing?