Page 27 - Washington Nonprofit Handbook 2018 Edition

To confirm that a name is available and reserve an available name, you can
submit (on-line, by mail or in person) a reservation request form or a letter of
request to the Corporations Division with the reservation fee. You can submit up to
three different names. Upon receipt of the request, the Corporations Division
checks the request against its master files. The first available name is reserved for
you for 180 days. The reservation can be extended once more for another 180
days. If none of the proposed names can be used or reserved, your reservation fee
is returned.

Finally, Chapters 70, 71 and 72 of this Handbook discuss intellectual property
issues that you may wish to consider regarding your organization’s name.

TIP:

DO NOT order letterhead, stationary, business cards or any other printed materials with
the organization’s name until you have reserved the name.

b. Articles of Incorporation

(i) Generally

The articles of incorporation and the bylaws constitute the organizational
and governing documents of a nonprofit corporation. The articles of incorporation
create the corporation under state law. The bylaws provide the rules under which
the corporation operates. The articles and bylaws should not have provisions that
conflict with one another and should interrelate with one another. Except with
respect to the number of directors, provisions of the articles will have control over
provisions of the bylaws where such provisions are inconsistent.

Sample articles of incorporation can be found online at https://
wayfindlegal.org/. The Secretary of State’s office provides a template of articles of
incorporation in which information can be written onto the form directly and the
form itself filed with the Secretary of State as the corporation’s articles of
incorporation. This form meets state requirements for incorporation, but does not
contain provisions required under federal tax law to qualify the corporation as tax-
exempt under section 501(c)(3) of the Code. Therefore, if you plan to apply for tax-
exempt status for your organization, do not use this form without ensuring that
provisions meeting the requirements of federal tax law are attached.

WASHINGTON NONPROFIT HANDBOOK -16- 2018