1- Do we need to rent an office before incorporation? Can we use an apartment address as office address?
2- Can green card holders, H1b holders, or foreigners who are not physically in the US serve as the board of directors/ officers? Can they get paid?
3- Can we outsource an officers position only when we need it (like a treasurer)?
4- Can we accept donations from outside the US? How completed is the IRS scrutinizing the operation of foreign-based nonprofits?
5- Does the incorporator need an EIN, even if we are not planning to hire anyone temporarily?
6- Can we incorporate without start-up funds?
7- Do we need insurance, even if we just operate online in the first 1~2 years?
8- Do we need any certification to recruit volunteers?
You should talk to an attorney handling creation of a business and incorporation of a nonprofit entity. These are not questions of US immigration lawyer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
I am changing the practice area to corporate and incorporation as these are not immigration questions. You have many questions. Avvo is a forum for quick general answers. If you need specific and in depth advice like this, you really need to consult with and retain an attorney in the state where you will be incorporating. Many lawyers on Avvo give free consultations via Skype. You can contact an attorney through Avvo by clicking on their name.
L. Ford Banister, II
U.S. Immigration and Consular Processing Attorney
The number of questions that you have indicates you need to retain a Corporate Attorney who is experienced with nonprofit entities. Following are very brief responses to your questions: 1. The office should be rented by the Corporation after it is formed, and it can be an apartment address. 2. Non-US citizens can serve on the Board, but they should not be paid for any services rendered in the US. 3. The Corporation could engage a third-party to render services that otherwise might be performed by its treasurer. 4. The Corporation could accept donations from outside the US, if it complies with any applicable law of the foreign jurisdictions, and with Anti-– Money Laundering laws. 5. Yes, the Corporation needs to obtain an EIN. 6. As long as you have adequate funds to form the Corporation, there are no further requirements for minimum start-up funds. 7. Whether the corporation requires insurance is a function of the nature of its activities. 8. I'm not aware of any certification required to recruit volunteers.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law.
These questions are fact specific. You will need to hire an attorney experienced in this area to adequately advise you.
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