Sample Organizing Documents - Private Foundation


To qualify for exemption under section 501(c)(3) of the Internal Revenue Code, a foundation’s organizing documents must contain certain provisions. The following are examples of a charter (Draft A) and a declaration of trust (Draft B) that contain the required information as to purposes and powers of an organization and disposition of its assets upon dissolution, in order to qualify for exemption under section 501(c)(3).

If the organizing document does not contain these provisions, an organization should amend it before submitting its exemption application. State officials can provide more information about how to amend organizing documents.

In addition, in most states a foundation's organizing documents must contain additional provisions relating to its compliance with the private foundation excise tax provisions.

You should bear in mind that requirements for these instruments may vary under applicable state law.

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