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What Is a Non-Profit LLC?

Forming an LLC can allow a non-profit organization to own property and enjoy many other legal benefits.
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  • Written By: James Doehring
  • Edited By: Lauren Fritsky
  • Last Modified Date: 24 September 2014
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A non-profit LLC is a type of unincorporated association in the United States. LLC stands for limited liability company, which is a form of organization that shields its members from unlimited financial responsibility. Forming an LLC can allow a non-profit organization to own property and enjoy many other legal benefits. Unlike a corporation, however, income for a limited liability company is taxed as direct income of its owners or investors. The non-profit aspect of a non-profit LLC allows it certain tax benefits in the US.

Non-profit organizations use revenue to maintain or expand operations and do not distribute excess profits to investors, employees, or stakeholders. Many non-profits are structured like for-profit businesses, however, because these models are often the most efficient. Non-profits can be legally organized in several ways—corporations, trusts and cooperatives can be non-profit. If certain criteria are met, non-profits can be exempt from paying some federal taxes in the US. This advantage makes forming a non-profit LLC an attractive option for many organizations.

Limited liability entails certain protections under the law from the financial burdens of a company. It can reduce the personal risk of venturing into new markets and economic niches. If an entrepreneurial venture fails, limited liability can shelter those involved from personal bankruptcy. By contrast, the owners of an unlimited company are personally responsible for all debts incurred. The non-profit LLC model is often chosen because of the legal protections offered by limited liability.

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Additional requirements are generally applicable to a limited liability organization, such as making public financial statements at regular intervals and filing a separate tax return. It is often also difficult to get creditors to fund the activities of a LLC without loans being personally guaranteed. The differences between an LLC and a corporation are frequently ignored in international jurisdictions, as foreign countries often treat an LLC as a corporation for tax purposes. In fact, not all US states recognize non-profit LLC status—it is a relatively rare form of legal entity that arose in recent times.

A non-profit LLC shares some characteristics of both partnerships and corporations. Like a partnership, it does not trade stock on an exchange. This can lead to investment strategies more in line with small partnerships with specific investors. The aspect of limited liability, however, is most common in corporations. As with corporations, the “corporate veil” of legal protection does not apply if members of a non-profit LLC commit fraud or cause damage to a third party.

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anon280909
Post 6

My home owners association is a "maintenance corporation, inc.", an NC Non-Profit Corporation. All who live here are members. The maintenance responsibilities include roads and an earthen dam.

The dam is under state mandate for repair - we've not done this in a timely fashion.

I've heard that the NC NFP Corp status protects individual members from personal financial liability.

Is this true? Or do I face a too huge bill that I couldn't pay and so could cause me to lose my home?

David09
Post 5

@nony - If you want to know how to form a non profit it’s best that you consult a lawyer.

I know only in a hazy sense from having worked with these organizations in the past. You will have to do the usual things you have to do to set up a business, but you also need to create a charter, get a board of directors and register a non profit organization in your state.

That last step is important because it will determine your tax exempt status.

nony
Post 4

@David09 - How do you start a non profit? I hear so many stories about people who have been personally affected by some circumstance – like a sickness, tragedy or something else – and they leverage that experience by starting a non profit foundation to help others who have been in the same dilemma.

I’m just curious how easy it is to set up your own non profit foundation, or do these things just mainly exist on paper?

David09
Post 3

@SZapper - To incorporate LLC seems to be the best way to go for many small businesses. That’s the way that we are set up (we have 25 employees) and I like it because everyone’s personal assets are protected.

Of course, it’s rare that I would be affected regardless of our incorporation charter, because I have limited exposure to risk in the company. I think the boss is the one who is mainly protected in this case.

Another benefit I was told is that the businesses can go on functioning if we get a new owner or the current owner dies. Believe me, that is one perk that does affect me personally, as it determines if I will still have a job.

KaBoom
Post 2

@SZapper - It does seem unfair but I understand it from the creditors perspective. If the people involved aren't personally liable for the LLC's debts then who is going to pay if they default on their loan?

SZapper
Post 1

I think a limited liability corporation sounds like an excellent idea for a non-profit. Especially because the business isn't generating a profit it doesn't seem fair that the people in charge should have any financial liability. If an LLC can protect them from that I'm all for it!

It does seem a little bit unfair that being an LLC affects the non-profits chances of getting credit though.

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