The Articles of Incorporation For A Tax Exempt Non Stock Corporation is a crucial document required when establishing a non-profit organization in the Philippines. It serves as the foundation for creating a legal entity that operates without profit motives and qualifies for tax exemption under Philippine law. This document must be filed with the Securities and Exchange Commission and requires careful preparation to ensure compliance with the Revised Corporation Code, SEC regulations, and tax laws. It is typically used when founding charitable organizations, educational institutions, religious organizations, or other non-profit entities. The document must include specific provisions about non-profit character, prohibition of asset distribution to members, and dedication to charitable purposes. It also establishes the organization's governance structure, including details about trustees, officers, and membership, while ensuring alignment with requirements for maintaining tax-exempt status under Philippine jurisdiction.
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1. Article I - Name of the Corporation: Official corporate name with 'Inc.' suffix and verification of name availability with SEC
2. Article II - Principal Office: Complete address of the principal office in the Philippines
3. Article III - Purpose: Detailed statement of non-profit purposes and declaration of tax-exempt character, specifically highlighting charitable, educational, or religious objectives
4. Article IV - Term of Existence: Statement of perpetual existence as allowed under the Revised Corporation Code
5. Article V - Incorporators and Trustees: Names, nationalities, and residential addresses of incorporators and trustees, majority of whom must be Philippine residents
6. Article VI - Non-stock Character: Declaration that the corporation is non-stock and details of membership structure
7. Article VII - Prohibition Against Distribution of Net Assets: Statement prohibiting distribution of assets/income to members and dedication to non-profit purposes
8. Article VIII - Trustees: Number, qualifications, terms, and manner of election of trustees
9. Article IX - Officers: List of officers, their roles, qualifications, and election process
10. Article X - Dissolution: Procedure for dissolution and distribution of assets to similar tax-exempt organizations
1. Article on Branches/Units: Include when the organization plans to establish chapters or branches
2. Article on Special Programs: Include when specific charitable or educational programs need detailed description
3. Article on Foreign Activities: Include when the organization plans to operate internationally
4. Article on Partnerships: Include when the organization plans to partner with other entities
5. Article on Investment Limitations: Include when specific investment restrictions need to be outlined beyond standard non-profit requirements
1. Schedule A - List of Incorporators: Detailed information about incorporators including their contributions
2. Schedule B - Initial Trustees: Complete information about initial trustees including their qualifications and terms
3. Schedule C - Programs and Activities: Detailed description of planned charitable/educational programs
4. Appendix 1 - Certificate of Non-Profit Character: Sworn statement regarding non-profit operations and tax-exempt purposes
5. Appendix 2 - Treasurer's Affidavit: Sworn statement regarding initial contributions and financial capacity
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