Best Nonprofit & Charitable Organizations Lawyers in Oklahoma
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
List of the best lawyers in Oklahoma, United States
Browse nonprofit & charitable organizations law firms by city in Oklahoma
Refine your search by selecting a city.
About Nonprofit & Charitable Organizations Law in Oklahoma, United States
Nonprofit and charitable organizations in Oklahoma play a vital role in supporting communities, addressing social issues, and providing services that benefit the public. Oklahoma law provides a specific legal framework for the formation, operation, governance, and dissolution of nonprofits, which differs from for-profit business structures. Nonprofit organizations are typically formed for religious, educational, charitable, cultural, or scientific purposes, with the goal of serving the public good rather than earning profits for owners or shareholders. Understanding the specific regulations and requirements under Oklahoma law is essential to legally operating a nonprofit or charitable organization in the state.
Why You May Need a Lawyer
Seeking legal advice is often crucial when dealing with nonprofit or charitable organization matters in Oklahoma. Common situations where legal help may be needed include:
- Setting up a new nonprofit and navigating registration with the Oklahoma Secretary of State and obtaining federal tax-exempt status
- Drafting and reviewing bylaws, articles of incorporation, and internal governance policies
- Ensuring compliance with state and federal laws, including tax and fundraising regulations
- Advising on employment law issues, including hiring staff or working with volunteers
- Managing or responding to audits and investigations by regulatory agencies
- Assisting with mergers, consolidations, or dissolutions of nonprofit organizations
- Resolving disputes among board members, donors, or other stakeholders
- Protecting the organization’s intellectual property and handling contracts
- Dealing with real estate, property, or liability issues unique to nonprofits
- Addressing conflicts of interest and other ethical concerns
Local Laws Overview
Nonprofit and charitable organizations in Oklahoma are primarily governed by the Oklahoma General Corporation Act and the Oklahoma Nonprofit Corporation Act. To form a nonprofit in Oklahoma, founders must file articles of incorporation with the Oklahoma Secretary of State and follow specific legal requirements regarding organizational structure, purpose, and operation. The organization must operate exclusively for one or more exempt purposes as set out in section 501(c)(3) or other applicable sections of the Internal Revenue Code if federal tax-exempt status is sought.
Charitable organizations in Oklahoma may also need to register with the Oklahoma Secretary of State’s Office, Charitable Organizations Section, especially if they solicit donations from the public. Annual filings, including renewal of registrations and financial disclosures, are required to maintain compliance. Additional state regulations pertain to employment, taxes, gaming and raffles, and charitable solicitation. Organizations are also subject to IRS rules and reporting requirements for continued federal tax-exempt recognition.
Frequently Asked Questions
What is the difference between a nonprofit and a for-profit business in Oklahoma?
A nonprofit is established to pursue missions that serve the public interest, rather than to generate profit for owners or shareholders. Any surplus revenue must be reinvested in the organization’s mission, not distributed as profit. For-profits are organized for personal or private gain.
How do I start a nonprofit organization in Oklahoma?
You must file articles of incorporation with the Oklahoma Secretary of State, create bylaws, appoint a board of directors, and apply for an Employer Identification Number from the IRS. For 501(c)(3) status, you also need to file an application with the IRS and possibly register as a charity with the state.
Do I need to register my charity with the state to solicit donations?
Yes, most charitable organizations that solicit donations in Oklahoma must register with the Oklahoma Secretary of State and renew their registration annually. There are limited exemptions, so you should check specific requirements.
What is tax-exempt status and how do I obtain it?
Tax-exempt status means your organization is exempt from certain federal and state taxes. You typically apply to the IRS for federal recognition under 501(c)(3) and may also need to apply for state tax exemption through the Oklahoma Tax Commission.
What are the governance requirements for Oklahoma nonprofits?
Oklahoma nonprofits must have a board of directors, maintain regular board meetings, keep accurate minutes and records, and handle conflicts of interest according to their bylaws and state law.
Are nonprofit board members personally liable for the organization’s debts?
Generally, individual board members are protected from personal liability as long as they act in good faith, within their authority, and in the best interests of the organization. However, they can be held liable for intentional misconduct or neglect of duties.
What annual filings are required for Oklahoma nonprofits?
Most Oklahoma nonprofits must file an annual renewal or report with the Secretary of State and, if tax-exempt, submit IRS Form 990 or its variant. Charities soliciting funds must also file annual financial statements with the state.
Can a nonprofit pay its directors or officers in Oklahoma?
Officers may be compensated for their services, but directors are usually volunteers. Compensation must be reasonable and documented, and conflicts of interest policies should be followed.
What state laws apply to nonprofit fundraising events like raffles or bingo?
Oklahoma has specific laws governing gaming, raffles, and bingo, many of which require a license or permit and compliance with additional requirements. Legal guidance is recommended when planning such events.
How can I dissolve a nonprofit organization in Oklahoma?
You must follow the dissolution process outlined in your bylaws and the Oklahoma Nonprofit Corporation Act. This includes winding up affairs, notifying creditors, distributing remaining assets to another nonprofit, and filing Articles of Dissolution with the Secretary of State.
Additional Resources
For more information or assistance, the following resources are helpful for Oklahoma nonprofit and charitable organizations:
- Oklahoma Secretary of State - Charitable Organizations Section
- Internal Revenue Service (IRS) Exempt Organizations Division
- Oklahoma Center for Nonprofits
- Oklahoma Tax Commission - Exempt Organizations
- Oklahoma Attorney General - Charitable Organizations Unit
- Local law firms and attorneys specializing in nonprofit law
- Legal Aid Services of Oklahoma (for qualifying organizations)
- Pro Bono Partnership of Oklahoma
Next Steps
If you are considering forming, managing, or dissolving a nonprofit or charitable organization in Oklahoma, or if you have encountered specific legal challenges, it is highly recommended to consult with an attorney experienced in nonprofit law. An attorney can help you understand your legal obligations, ensure compliance with state and federal requirements, and protect your organization from potential risks.
Begin by gathering all relevant documents, such as articles of incorporation, bylaws, tax filings, and correspondence from state or federal agencies. Reach out to professional resources, such as the Oklahoma Center for Nonprofits, or contact a qualified nonprofit attorney for an initial consultation. Taking proactive legal steps will help safeguard your organization's mission and ensure it operates within the law.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.