Starting A Shelter: Legal Stuff

by Aimee Amodio | More from this Blogger

29 May 2007 11:14 PM

There is so much legal stuff that goes into starting a shelter that it can be overwhelming! This checklist will at least help you get started; you may want to talk to a lawyer or someone from the Small Business Association for assistance.

1. Incorporate or don't incorporate? Incorporation can protect you from personally being held responsible for any number of things. That little "inc." after your name helps lend credibility to your shelter. You can get your incorporation paperwork from your Secretary of State office or your state's Corporation Commission.
2. What's in a name? You've got to register your corporate name to start making things official. Name registration paperwork should be available from your Secretary of State office or your state's Corporation Commission. Think carefully before you file! Names can be changed, but it's far easier to pick one and stick with it. Calling yourself a "rescue" has different implications from calling yourself a "shelter" or an "SPCA".
3. Planning to be a non-profit? The IRS (Internal Revenue Service) can grant you 501(c)(3) status, which will make donations to your shelter tax-deductible. Tax exempt status often encourages larger gifts from your donors. The appropriate paperwork is available from the IRS; you may also need to file paperwork with your state government (usually the Attorney General's office) to be allowed to solicit donations.
4. What about sales tax? There probably isn't tax on adoption fees, but you may want to open up a gift shop or thrift shop to help support your shelter. Your Attorney General's office can help you apply for sales tax exemption.

Your State House will have the contact information for the Secretary of State and Attorney General, or you can look these things up online. You may even find the paperwork you need on a government website.

While we're talking about legal stuff, you'll want to be working on your shelter's bylaws. These are the framework for how your organization is run and governed. You can find boilerplate (standard, generic) bylaws at your local library or law library. The state and federal government may have specific requirements for organizational bylaws, so do your research.

For more information about the legal stuff:

• Independent Sector
• National Council of Non-Profit Organizations
• National Center for Non-Profit Boards
• Points of Light Institute

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