(In 6 easy steps!)

by Christine Comaford-Lynch

We all can benefit from advisors—they’re the friends from the trenches who’ve been on the business battlefield longer than we have. Or they’re friends who’re from a different industry or field who provide a unique perspective. Or they’re seasoned or high profile executives who lend you credibility, thus helping you secure customers, financing, or approval for an internal project.  You need advisors to bounce ideas off of, to provide a reality check, to tell you when you’re about to mess up, to confide in when you’re alone at the top of the organization or department.

Here’s a process for getting and keeping advisors on your team. Remember: life = the people that you meet + what you create with them. Let’s start meeting and creating.

Download Christine Comaford-Lynch’s
Entire PDF Article about
How to Create an Advisory Board

Rules for Renegades:
How to Make More Money,
Rock Your Career,
and Revel in Your Individuality

 Read the first chapter today!
You can also read her column at BusinessWeek.com

1. Get a Plan – Business plans are easy to write if you know the basic outline.  My Own Business, Inc. is a nonprofit organization committed to helping people succeed in business. This organization is a great place to get your feet wet, offering a free course in business start-up, creating a business plan, and all the other little details people often don’t think about when they start a new business.  http://www.myownbusiness.org
2.  Strategy Session Self-Assessment - Whether you are in the planning stages or just getting started, want to launch your next phase of business growth, or have experienced business losses but aren’t ready to throw in the towel, A Mighty Ventures Strategy Session is one of the smartest things you can do for your business.  http://www.strategysessionnow.com/
3. Organize – However you decide to organize your business, Secret-Angels can help walk you through the process and mentor you step-by-step.  http://nonprofitassistance.wordpress.com/need-help/ 
4. Get a Website – Don’t think it’s too complicated!  Domain Registration and Hosting is getting easier and cheaper every day.  Most hosting companies offer cheap website builders, which means you can have a website up and running in minutes.  Gossimer LCC offers domain registration, email hosting, website hosting as well as an easy to use website builder.  Once you register your domain (usually under $10 dollars per/year), your website can cost as little as $2.99 per/month through Gossimer Web Hosting. http://gossimer.biz/ 
5. Start Networking – The greatest way to market your business is to get out there and start selling it yourself.  Nobody will ever have the same drive or commitment that you do, and it’s easy to talk about things that you are passionate about.  The internet is full of free Social Media Sites, such as:     

        a. Linked In – http://www.linkedin.com/
        b. Blogging Sites -  http://www.wordpress.com/      
        c. Other Social Media Websites
             i. www.Facebook.com
             ii. www.Myspace.com
             iii. www.twitter.com

There are countless others, for a more comprehensive list visit http://www.prelovac.com/vladimir/top-list-of-social-media-sites or just Google Social Media Websites and browse through them yourself!

What Is a Trademark or Service Mark?

The terms “trademark” and “service mark” refer to words, designs or logos that are used to indicate the origin or source of goods or services. 

There is no difference in the legal protections afforded trademarks versus service marks. The distinction is only with respect to what they identify. 

When used to identify a tangible product (such as jewelry or glassware), the word, design or logo is considered a “trademark.” 

When used to identify services (such as charitable services or educational services), the more appropriate term is “service mark.” 

“Trademark” also may be used broadly to identify both types of marks. For example, we refer to “trademark rights” and the “Trademark Office.”

What Is a Common Law Mark versus a Registered Mark?

In the United States, registration is not a prerequisite for using a mark or protecting a mark against infringement. Trademark rights can accrue simply through actual use of the mark in commerce, although there are significant benefits to registering a mark (see below). Those marks that are not registered but nonetheless are eligible for protection are called common law trademarks or service marks. 

We’ve Discovered Another Entity Using A Similar Name, Who Owns The Trademark?

The determination of whether a trademark is being infringed can be quite fact specific and will often require the advice of trademark counsel. 

Broadly speaking, however, the entity that first uses a mark in connection with a particular good or service has trademark rights that supersede the rights of later users of a similar mark for the same or related goods or services. In other words, the mere fact that another entity is using a similar or identical name does not necessarily mean that there is  a trademark conflict. Highly similar marks and even identical marks can often coexist peacefully so long as they are used on unrelated goods. 

Thus, in determining whether there is a true trademark conflict, one must consider not only whether the marks themselves are similar, but also whether the respective goods or services on which the marks are used are similar or otherwise related.

If your trademark counsel concludes that a genuine conflict exists, then the prescribed course of action will depend on which entity is found to have used the mark first. 

Copyright 2005 Pro Bono Partnership

More info at http://www.probonopartnership.org/publications/trademark.htm 

This post describes the steps necessary to establish yourself as an unincorporated nonprofit.  The steps are almost identical to forming a sole proprietorship business (check your state to make sure they do not require any other special licenses or requirements for your nonprofit as a sole proprietorship).

The first step is visiting your county clerk.  They will have you check the assumed name (sometimes called fictitious name or DBA) and make sure that nobody else is doing business under your preferred name.  Once your name has been established as unique you file a form with them called “Assumed Name Certificate of Ownership for Unincorporated Business”.  This is a very simple form just stating your business name and your contact information (address, phone, etc.)  If you go from being unincorporated to incorporated, you will have to refile your DBA.  The average cost for filing a DBA is $14 but varies by state.

 After obtaining your DBA, you will need to file for an Employer Identification Number (EIN).  You may be able to use your Social Security number as your EIN but I have been advised that it is best to register as a separate legal entity with the IRS.  Do a google search for an example EIN application.  My personal accountant recommended that the DATE BUSINESS STARTED should be December.  Your start-up date is a personal choice and will truly depend upon your bookkeeper/accountant requirements..  I established my organization as a nonprofit from the beginning, but if you already have a business and plan to switch from a for-profit to nonprofit, you will have to refile your EIN to represent your new organization type.  This form can be filed online at www.Tax9er.com for $20.

 The next step is establishing your nonprofit with the state.  In Texas, the Secretary of State has a form called Statement Appointing Agent.  This is the only state requirement in Texas to establish an unincorporated nonprofit, you need to check with your SOS to insure there are no other requirements for your state:

http://www.keytlaw.com/Links/govrecords.htm  This statement appoints you to serve as the receiving agent for your organization.  If any liens or lawsuits (services of process) are issued against your organization, this gives the state a place to send them too.  You will have to list your EIN on this form as well as your physical address, PO Boxes will not be accepted.  This form must be mailed in or delivered personally to the Secretary of State office.  There is a $25 dollar filing fee.

 These steps DO NOT make you tax-exempt. 

Tax exemption is reserved for incorporated nonprofits and you will not be able to apply for state or federal tax-exemption until you incorporate.  Until you file for tax exemption, your business will be viewed as a sole proprietorship and you CANNOT offer tax-deductible donation privileges.  As an unincorporated nonprofit you will be required to file an income tax return on your business (Schedule C) rather than the 990 required of nonprofits.  You can view both of these forms at www.IRS.gov.  If you do not understand these forms, I strongly recommend that you print them out and discuss them in detail with your accountant.

 Once you have taken all these steps **again check with your local and state offices to ensure no extra permits or licenses are required for your particular organization**  You are set up to do business as an unincorporated nonprofit on the county, state and federal level.

Once you are doing business, it is highly recommended that you talk to your insurance agent about what kind of extra insurance you may need to cover your activities.  Here is a good link to start off with:

Insurance Guide for Nonprofit Organizations  

If your nonprofit requires heavy volunteer involvement, write down exactly what it is your organization and volunteers do and discuss this in depth with your agent, he or she will be better able to explain what needs your organization will have.

- all articles on this site are written by Tara Deck and provided by Secret-Angels, a nonprofit organization that assists nonprofits with incorporation, management and general business operations.  For more information please see the About Nonprofit Assistance page.

This article is provided for your information as a summary of the UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT (UUNAA) Which is mentioned in TYPES OF NONPROFITS. 

To read about this act in its entirety please visit it’s source at http://www.nccusl.org/

There are thousands of associations of people in the United States that fall into the category of unincorporated nonprofit associations. They range from local neighborhood associations to national associations with large membership. They are all associations that for one reason or another cannot or have not chosen to become not-for-profit corporations. The common law has been loath to give legal status to associations that do not incorporate. They are regarded as pure aggregations with no legal personality. They cannot own or hold real property. Such associations cannot sue or be sued as associations. Individual members may acquire liability simply because of membership in the association, no matter how casual. Acting as officers and directors may provide individuals with serious liability exposure. Finding insurance may be nearly impossible.These disabilities discourage voluntary participation in the activities of such associations. And yet such associations are essential to the well-being of every community, large or small, in the entire United States. There is at last a remedy that abolishes these unnecessary barriers to participation. As a foundation for community, there is no better solution than that proposed in the Uniform Unincorporated Nonprofit Association Act (UUNAA), promulgated by the Uniform Law Commissioners in 1992, with technical amendments made in 1996.

UUNAA defines unincorporated nonprofit associations broadly as unincorporated organizations “consisting of [two] or more members joined by mutual consent for a common, nonprofit purpose.” Members may be individuals, corporations, other associations, and governmental agencies. Having so defined these entities, the Act does five things for such associations and their members. First, it provides them with the legal capacity to receive, hold, and transfer personal and real property. Second, it provides limitations upon the liability of members and functionaries of these associations for tort and contract. Third, it provides them standing to sue and be sued as associations. Fourth, it provides a procedure for disposing of the property of an inactive association. Fifth, it permits designation of an agent for service of process. It does all of these things without requiring any association to conform to a registration statute, to pay fees to the state to qualify for the benefits of UUNAA, or to submit to any mandated form of organization and method of governance.

UUNAA permits a nonprofit association to acquire, hold, encumber, or transfer interests in real or personal property in its own name. An association can receive property from an estate. To facilitate holding and transferring real property, an association may, but is not required, to file a statement of authority in the real property records. Any person dealing with the individual named in the statement of authority and who gives value without notice that conferred authority is invalid, may regard the authority conferred as conclusive.  

UUNAA provides that any association subject to it is a separate legal entity, separate from its members. A person is not vicariously liable for the association’s torts or contracts merely by virtue of being a member, being considered a member, or participating in any way in the management of the association. Members may sue a nonprofit association and may be sued by it, as well.Concomitantly, the association has standing to institute, defend, intervene, or participate in any proceeding, judicial or otherwise, that involves it. It may assert a claim on behalf of members, if one or more members have standing to assert the claim in their own rights. A judgment against an association is not by itself a judgment against any member.

UUNAA provides for disposal of the personal property of an inactive association, first, to anyone entitled to that property in documents of the association. If there is no such document, then a cypres rule applies. The property must be transferred to another association pursuing broadly similar purposes. These transfers apply to associations that have been defunct for at least three years.

Lastly, UUNAA permits, but does not require, a nonprofit association to appoint an agent for service of process. This facilitates the legal rights of the association accorded it in other sections of UUNAA. These are the principal benefits of UUNAA to the many millions of people who aggregate into associations for everything from sport to neighborhood improvement. This Act will make voluntary action by citizens in their communities more secure and happier. It is exactly what is needed for communities, large and small, in the entire United States.

© 2001 National Conference of Commissioners on Uniform State Laws 211 E. Ontario Street, Suite 1300 Chicago, Illinois 60611 (312) 915-0195 ~ fax (312)915-0187