Dale & Eke is taking the COVID-19 outbreak very seriously.  So, for the purpose of maintaining social distancing under CDC guidelines and to promote the health and safety of our clients, visitors and staff and reduce the spread of COVID-19, our physical office will be closed until further notice.

For the time being we are limiting all in-office meetings to those clients and potential clients who are not feeling ill or who have not shown signs of illness.  However, we are recommending that, unless you make other arrangements with your attorney, all client and potential client meetings occur via telephone or video conferencing.  If you have any paperwork for us that you need to drop off, please use the mail slot outside of the front door to our office.

We can still be reached at our office telephone number (317-844-7400). Your call will be answered by our office phone system and you may leave a voicemail in the general mailbox or with a specific attorney. All voicemails left in the general mailbox will be routed to the requested attorney or staff.

You may also email the firm through its website at  www.daleeke.com.

We will continue to monitor this evolving situation and adjust procedures as necessary.  Your health and safety, and the health and safety of our attorneys and staff, is our highest priority.  We thank you for your patience and understanding during these uncertain and unprecedented times.

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A Professional Corporation of Attorneys at Law

What steps would I take to form a nonprofit corporation?

If you plan to form a nonprofit corporation in Indiana, or if you plan to incorporate a nonprofit you already own, the law requires you to take certain steps. These steps are similar to those for any other business entity, but there are specific requirements for nonprofits.

Understanding state law will help you anticipate the process.

Name your nonprofit

The Indiana Secretary of State explains that nonprofits, like any other business, must have a lawful and distinguishable name. The name you choose will need to be distinct from other businesses of the same type, but except in certain cases, the Secretary of State will not check it against names of other business types. For example, if there is an Indiana corporation with the name, “Trout Contract Services,” you cannot give your nonprofit corporation the same name or a name so similar that it is difficult to distinguish.

File articles of incorporation

If you wish to incorporate your nonprofit, you will need to file articles of incorporation. You will need to include at least the name you have registered with the Secretary of State, the location and personal information for you and any other partners incorporating with you, a statement regarding your nonprofits’ public benefit, religious or mutual benefit and whether you will have members. And you will need to include a statement addressing what will happen to the corporation’s assets upon dissolution.

If you plan to apply for tax exemption, you may also need to include a clause concerning your nonprofit’s purpose in your articles of incorporation.

Prepare for taxation and employees

Your next step, in most cases, will be to contact the Indiana Department of Revenue and the Internal Revenue Service to register your corporation for tax purposes. You will also need to contact the Department of Workforce Development if you plan to have employees. They will walk you through your legal requirements.

Depending on your specific affiliations and needs, you may need to take additional steps, and you will very likely need to maintain ongoing legal obligations such as registration updates and regular business reports. But some nonprofits are exempt from typical ongoing obligations. For example, the State of Indiana does not require nongovernmental organizations to retain records.

Be sure to check for all federal, state and local requirements for your incorporated nonprofit. Just because your corporation is exempt from an obligation under Indiana law does not mean that other jurisdictions will offer the same exemptions. For example, other states where you plan to operate may have a different set of requirements.