Non-profit Llc In Ohio

[jarah]

Can you form a non-profit LLC in Ohio, rather than the traditional corporate form?

[Banain]

I may be able to check the Ohio code for you, but first you should review what I have below and get back to me if you still think that you would be interested.

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The IRS grants exemption to LLCs that are properly organized and

operated.  However, it only would grant exemption to an LLC whose

members are all themselves exempt organizations.

"Because state laws generally provide LLC members with ownership

rights in the assets of the LLC, the Service is concerned that

allowing non-exempt members would result in potential inurement

problems.  Thus, the LLC cannot have private shareholders

or individuals as members, and its organizing documents must

state a purpose to further the members' charitable purposes.  It

should be noted, however, that the presence of solely charitable

members does not ensure that the organization will be operated

exclusively for charitable purposes. "http://www.irs.gov/pub/irs-tege/eotopicb01.pdf

at page 30 about 1/2 of the way down the page

Thank you.

Harvey Mechanic

Attorney at Law

[email protected]