How to start a South Carolina nonprofit

Start by doing research. Is your nonprofit serving a mission in the community? And do you have the means to maintain it? Then make your case: write your mission statement, think about a name, and select your directors carefully. After that, all there’s left to do is file. 

Advantages and disadvantages of having a South Carolina nonprofit organization

A nonprofit is an entity or association created to promote and maintain the well-being and greater good of a community, in which profits (or surplus) are directed towards the business and mission rather than divided among the owners and shareholders. Here are the pros and cons of having one in South Carolina:
 

PROS	CONS
Only assets and property owned by your nonprofit are at risk in lawsuits or creditor claims. Nonprofits may qualify for tax exemption.	Planning a nonprofit involves a significant amount of time and effort. If control and autonomy in running your organization are important to you, nonprofit status might not be right for you. It takes time and money to meet South Carolina's filing requirements.

How to form a nonprofit in South Carolina

1. Developing a business plan for your South Carolina nonprofit

• Define the purpose and goals of the organization.
• Research the issues and determine what resources you have and need.
• Establish your priorities.
• Market your idea to possible volunteers and board members.
• Create a budget and timeline.

2. Writing a mission statement 

A mission statement clarifies your goals and explains how you plan to meet them. As a guideline, describe what, where, when, and how your nonprofit's purpose will be met, as well as who is going to help your nonprofit meet it. It may take a few tries to narrow your ambitions down into a workable plan.

Although you're creating a nonprofit because you want to give back to your community, you still have to meet certain requirements to protect yourself and to ensure that you achieve your organization's goals. When you create a mission statement, you can explain your organization's purpose. Consider what problem or issue your organization wants to address, then focus your statement on including the efforts and values that will guide your nonprofit to these goals.

3. Choosing a unique name 

Your nonprofit's name must be distinguishable from existing names registered with the South Carolina Secretary of State. This means it shouldn't be the same as or too similar to another organization's name. The name should also not be misleading to the public – it must accurately reflect the nature and purpose of your organization.

4. Filing your Articles of Incorporation in the state of South Carolina

This is the legal document that brings the business to life. It includes important information like the nature of the company and the location of the corporate headquarters. Once accepted, the corporation becomes its own legal entity.
 

Other forms and requirements for South Carolina nonprofits: If you're not ready to file your nonprofit, but you want to reserve your name, you can file an Application to Reserve Name with the Secretary of State. The application holds your selected name for 120 days. If your nonprofit was originally formed in a state other than South Carolina, you must file an application for a Certificate of Authority to Transact Business with the Secretary of State. If you're applying for 501(c)(3) tax-exempt status with the IRS, you can also file a South Carolina form for 501(c)(3) attachment and include it with your Articles of Incorporation. To obtain status as a 501(c)(3) corporation, nonprofits must file Form 1023, an Application for Recognition of Exemption, with the IRS. To retain tax-exempt status, file Form 990-N, Form 990-EZ, or Form 990 with the IRS, based on your nonprofit's yearly gross income.

5. Applying for grants and loans in South Carolina 

Grants and loans from federal, state, and private sources are a major source of funding for South Carolina nonprofits. A not-for-profit corporation is responsible for complying with grant requirements and keeping appropriate records. It's important for nonprofits to keep money received from grants separate and apart from the nonprofit's general fund. A good reputation in administering grant monies helps nonprofits obtain more funding from these sources. 

What to do after forming a nonprofit organization in South Carolina

After forming your South Carolina nonprofit organization, you must follow specific guidelines to retain your status:

• Keep detailed records of all sources of income.
• File annual reports.
• Keep unrelated activities separate from your nonprofit and pay separate taxes on income your organization receives from these activities. They could jeopardize your nonprofit status if they make up a substantial portion of your business.
• Ensure that the time and resources spent on your nonprofit are related to your organization's exempt status.
• Maintain detailed records of meetings.
• Make sure that your nonprofit's assets are distributed to another tax-exempt group when and if it dissolves.
• Do not make loans to any of your directors or officers.
• Do not issue shares of stock or pay dividends or other shares of income to members, directors, or officers.
• File a Return of Organization Exempt from Income Tax form with the IRS each year, if required, based on your annual gross receipts.

South Carolina nonprofit resources

• South Carolina State Library: The Library's Grant and Funding Sources section provides a schedule of grant training classes and an online directory of foundations that give grants to nonprofits.

Still have questions? Learn more about how to register your own nonprofit with Rocket Lawyer and get started today!
 

Key takeaways Starting a nonprofit takes planning, like creating a mission statement, picking a name, and choosing responsible directors to lead the group. There are good things about having a nonprofit in South Carolina, like tax breaks and protection from personal lawsuits, but it also comes with extra paperwork and public financial records. After forming a South Carolina nonprofit, it’s important to stay organized, follow state laws, and stay focused on helping the community to keep your nonprofit status.

Additional resources

Learning how to enforce a contract is just one step. Explore these additional topics to learn more and take the next steps.

• What is a nonprofit organization?
• How to start a nonprofit organization
• How are nonprofits taxed?
• How to get 501(c)(3) tax-exempt status
• How to register a nonprofit by state