Parent Group Incorporation Information

Being incorporated strengthens your group’s identity in the community and increases the organization’s status. Being incorporated sends the message that the group has serious purposes and is going to be around for a long time. By incorporating, you also become eligible for funding from various sources which can only fund incorporated groups.

You will need to gather the following information to include in your incorporation packet.

• The official name of the group. It is good to have a first choice name and an alternative since your first choice may already be taken by some other organization in New York State.
  
• The address where you will receive mail for the corporation.
  
• The names and addresses of your group’s Board of Directors. Three or four people usually need to be identified.
  
• The purpose of the group needs to be spelled out in written form, such as:

  The purpose of (name of group) is to educate the public about the needs of children for foster and adoptive families; to assist and encourage prospective parents through the foster care and adoption process; to provide support for foster and adoptive families after placement; and to function as advocates for waiting children in efforts to improve foster care and adoption services.

• The filing fee for a not-for-profit certificate of incorporation is $75, payable to the Secretary of State. There is a $10 fee for a certified copy of the filed certificate of incorporation and a $25 fee for expedited handling.
  
• Attorneys’ fees may range between $300 and $600. If you decide to use an attorney, look for someone who will do the incorporation pro bono (without charge) or at a reduced rate. Look first to a lawyer you’ve already worked with or one who has done finalizations for one of your members. An attorney is not necessary to complete the process. See below for information on "Do-It-Yourself" incorporation.
  
  

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Several NYSCCC parent support groups have successfully completed the incorporation process by themselves without using an attorney. If you decide to go this route, here are the steps to follow:

1. Obtain a copy of the not-for-profit incorporation form DOS-1511. Should you need another copy, it can be downloaded from the NYS Department of State website at http://www.dos.state.ny.us/corp/nfpcorp.html#certinc.

2. Complete the form, and make three copies--one for your records, and one each for the purposes described below.

3. Send one copy of the completed form, $10, and a cover letter to the State Education Department. (The cover letter can simply say, "Enclosed please find the $10 fee and a copy of (name of group’s) not-for-profit incorporation form DOS-1511 for your review." Be sure to date and sign your letter, and keep a copy of it for your records.) Mail to: Mary Gammon, State Education Department, Education Building, Office of Counsel, Room 148, Albany, NY 12234

4. Send another copy of the completed form (no fee required) and a cover letter (Keep a copy for your records.) to the NYS Office of Children and Family Services for their review. Mail to: John Stupp, Assistant Deputy Counsel, NYS Office of Children and Family Services, 40 North Pearl Street, Albany, NY 12243.

5. Both of these offices will write back to you, stating that they have no objection to the filing for incorporation. When you receive the letters, make copies of them for your files.

6. Mail the original completed incorporation form A191, a $75 filing fee, the originals of both letters from the above organizations, and a cover letter (Again, keep a copy for your records.). Mail to: NYS Department of State, Bureau of Corporations, 41 State Street, Albany, NY 12231.

The above should not be construed as legal advice. For legal advice, contact
an attorney with experience in not-for-profit incorporation filings.

NYS Citizens' Coalition for Children, Inc.
607-272-0034 • fax 607-272-0035
office@nysccc.org
08/04/04