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Multi-State Business Registration: Registering as Foreign Entity

Overview Once a business determines it is “doing business” in another state and would be required to register with that states regulatory authority, the next step is to actually register. If you need help determining if your business needs to register to transact business in another state, Apex’s blog on conducting business in another state …

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Multi-State Business Registration: What is Doing Business?

Domestic v. Foreign A company, whether doing business as a corporation, LLC, partnership, or other statutory business entity, is a “domestic” company in the state in which it was founded, and is considered a “foreign” company in all other states. “Domestic” and “Foreign” are common terms throughout the United States. For example, an LLC formed …

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New Washington Nonprofit Corporations Act and Charitable Assets

Overview With the advent of the new year, the Washington Nonprofit Corporations Act (RCW 24.03A) is now in full force and effect. While much discussion has already been devoted to specific governance changes to member and non-member organizations, we have yet to address how charitable assets will be managed under the new act. In this …

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Washington Secretary of State, Physical Addresses, and Private Mailbox Address (PMB)

Overview Have you or your entity recently faced a rejection from the Washington Secretary of State (“SOS”) regarding the use of a private mailbox address (“PMB”) for a principal office street address? You are not alone! The SOS has recently become stricter on the use of PMBs for an entity’s principal office street address. While …

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2022 Annual Report Requirements for Nonprofits under RCW 24A.03

Overview Each year in Washington, nonprofits formed in Washington or registered to do business in Washington must file an annual report with the Secretary of State. The annual report is usually due around the nonprofit’s formation or registration date. The filing requires basic information such as the physical and mailing address of the entity, the …

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Differences in OMWBE Certifications [Updated]

Overview Apex has blogged about the underutilized Washington Office of Minority and Women’s Business Enterprises (“OMWBE”) certification. The Secretary of State created the OMWBE Office in 2000. The OMWBE assists minority/women owned businesses to apply for enterprise certifications for the purpose of obtaining contracts with local governments. The OWMBE Office grants federal and state certifications …

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The Joint Venture Policy and The Parent-Subordinate Consistency Policy

Overview We will discuss the final policies in this series in a single blog post. These policies concern specific situations in which a nonprofit organization may find itself depending on the nature of its structure and operations. These policies are the joint venture policy and the parent-subordinate consistency policy. While these policies are important to …

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The Travel Reimbursement Policy

Overview In many ways, a nonprofit organization is just like a for profit organization. Nonprofit organizations hire executives, purchase property, engage in business, and, most importantly for this blog post, require significant amounts of traveling for staff and volunteers to perform the needed operations of the organization. When a considerable amount of traveling is done, …

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Receivership Under RCW 7.60: An Alternative to Bankruptcy

Overview A receivership is the appointment of a disinterested person or organization (a receiver), by a court or by a corporation or a person, for the protection or collection of property that is the subject of creditors’ claims. Receiverships exist at both the state level, through RCW 7.60, and the federal level, through Rule 66 …

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SCOTUS Ruling on Donor Disclosures Sets off Wave of New State Legislation

Overview 501(c)(3) charities are facing relaxed regulations in what they must disclose in tax filings to the IRS. Currently, pursuant to 26 U.S.C. § 6033, a 501(c)(3) organization must annually disclose to the IRS on Form’s 990 Schedule B the total amount of contributions and gifts received by it during the year and the names …

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