Making it official, and why order matters here more than anywhere else
This is the stage most people mean when they say "start a nonprofit," but it's really the fourth step, not the first, because incorporating and filing for tax-exempt status without a clear mission, board, and structure already defined leads to weak applications and painful rewrites.
The formation sequence, in the order it actually has to happen
- Articles of Incorporation: filed with your state, this legally creates the organization.
- Federal EIN (Employer Identification Number) : obtained from the IRS after incorporation; required to open a bank account, hire, or apply for tax-exempt status.
- Bylaws: your organization's internal operating rules (board terms, meeting requirements, voting procedures); typically require both Articles and an initial board to draft meaningfully.
- First Organizational Board Meeting: the meeting where the board formally adopts bylaws, elects officers, and authorizes next steps. Minutes from this meeting are often required later.
- Form 1023 (501(c)(3) Application): filed with the IRS, requires EIN, adopted bylaws, and evidence of an organized board. This is why it comes last, not first.
- IRS Determination Letter: the document confirming tax-exempt status, which can take several months to arrive depending on filing type and IRS backlog.
Documents you'll typically need ready
Organizing documents, EIN confirmation, adopted bylaws, board meeting minutes, a conflict-of-interest policy, and a description of programs and finances for the 501(c)(3) application; the exact count varies by state and org type (Founder Workspace's own checklist tracks 17 essential documents).
Why order matters
Filing for EIN before incorporation, or attempting a 501(c)(3) application before bylaws exist, are both common first-timer mistakes that cause delays or rejections. Each step in this sequence typically depends on the one before it.
Where to actually file
Articles of Incorporation are filed directly with your state. Find your state's Secretary of State filing portal:
Find your state's Secretary of State- [Provider A]: filing service (link to come)
- [Provider B]: filing service (link to come)
- [Provider C]: filing service (link to come)
Founders Workspace may receive a referral fee if you use these services, and this doesn't affect your cost, and you're always free to file directly with your state instead.
This is free and takes most people about 15 minutes directly through the IRS, and we don't recommend paying a third party for this step.
Apply for an EIN with the IRSFiled directly with the IRS once your Articles, EIN, and adopted bylaws are in hand.
IRS Form 1023 / 1023-EZHow Founders Workspace helps
The Form stage is a dedicated formation task manager, tracking each required filing, calculating a real-time readiness score based on task completion and required approvals (board, attorney, accountant sign-off), and holding your organizing documents in a version-controlled vault so nothing gets lost between steps. You can also generate a shareable review package to send directly to an attorney or accountant for review before filing. Once you've received your EIN or other confirmations, come back here and enter them directly into your Form workspace, so this page and the app both prompt for the same information, so you're never stuck googling what to do next.