Texarkana, TX asked in Uncategorized for Louisiana

Q: I am an Arkansas CPA trying to help form a non profit in Louisiana.

if we choose unincorporated association, but wish the protection of officers, looks like we need to file the Public organic document with the county. I am confused as to whether we need to file a document with Secretary of State to form the association. If so, what form is used? We will be applying for exemption by filing 1023 with IRS once the entity is established.

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James L. Arrasmith
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A: To form an unincorporated association in Louisiana, you generally do not need to file any documents with the Secretary of State. However, if you want to protect your officers and members from personal liability, you should file a Public Organic Document with the parish (county) where your organization is based. This filing helps in establishing the association as a legal entity, which can provide some protection for those involved.

Once the unincorporated association is formed, you can proceed with applying for tax-exempt status by filing Form 1023 with the IRS. The formation of the entity at the state level is a necessary step before you can seek federal tax exemption.

It’s important to ensure that all required documents are filed correctly to establish your non-profit and secure the protections you desire. If you're uncertain about any of these steps, consulting the appropriate legal or regulatory resources in Louisiana can be helpful.

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