The incorporating process: 

 

Step 1 *** Choose a corporate name... If you are a Lions Club you want to be specific in the name you choose as referenced by Lions Club International. You cannot use the word “ Association” within your title. Because there are many Clubs which may have the same city name for example,“ Springfield Lions” you may also want to have your state name listed in your corporation title “Oregon Springfield Lions Foundation”. 

 

LCI per their outline requires that the name give a Geographical reference, as well as, the word "Lions" and preferably with the term “Foundation” included but there are Lions’ 501(c)3 organizations with out “Foundation” in their name.

 

 

Step 2 *** Check the Availability of the name with your individual State (Secretary of State Business/Corporate Division) GOOGLE “state name Secretary of State” 

 

For Oregon You can check on the availability of the name at

 

https://sos.oregon.gov/business/Pages/find.aspx 

 

I would also GOOGLE the corporate name you have chosen to make sure that there is not an identical name being used by another business somewhere else in the World.

 

Search for the name online. Type the name in quotation marks: “name” to see if any nonprofits in the same class (offering similar products and services) are using the name or a name very close to yours. Search Federal Trademark Filings. Search for the name within the United States Patent & Trademark registrations. Visit www.USPTO.gov. You want to look at pending, active, and inactive filings as well. Search State Trademark Registrations. All 50 states allow owners to register their trademark on a state level. It is often cheaper than the federal registration process and provides protection throughout the state – although a federal registration gives you rights throughout all 50 states and can supersede a state registration. You can complete this search by going to the Division of Corporations website for each state and searching their trademark filings for the name you are interested in. Search state company registrations. All 50 states allow nonprofits to register their companies. You want to search to see if any other companies are registered using your name. Although registering by itself does not give them rights, using the name with their products and services to the public in commerce does. You can complete this search by going to the Division of Corporations website for each state and searching their corporate filings (be sure to look for all of the business types including nonprofits, corporations, etc.) for the name you are interested in. Search domain names. You can visit www.GoDaddy.com and select the “Who Is” option to see who owns the domain name if it is already taken. Try and search for the company and owner to see if they are actively using the name in association with similar goods and services as yours. Get a Legal Opinion. It’s always less expensive to do things yourself. However, trademark law is interpreted very specifically. This means that just because you feel that your name is not similar, or you feel that someone has abandoned their rights to a name, does not mean the law or a judge would see it the same way. The few hundred dollars that you invest in hiring an attorney to know for sure could save you thousands of dollars defending a lawsuit later down the road.

 

Chisholm, Audrey. Start A 501c3 Nonprofit That Doesn’t Ruin Your Life: How to Legally Structure Your Nonprofit to Avoid I.R.S. Trouble, Lawsuits, Financial Scandals & More! (Nonprofit Law Series) (Kindle Locations 930-932). Greenlight Books & Publishing, LLC. Kindle Edition.

​

​

​

​

Some States also allow you to have a “ABN” (Alternate/Auxiliary/Assumed Business Name) you do not have to use it for banking purposes as any checks made out to your ABN (example OSLF Oregon Springfield Lions Foundation) will be recognized by the bank for deposit purposes. This was explained to me by my banking representative from Umqua Bank.

 

When I first looked at the Oregon Springfield Lions Foundation I was thinking that I would have to file a separate "ABN" (Alternate/Auxiliary Business Name) as directed by someone I spoke with at the State Corporation Division. However, my main concern was so that people could use the acronym "OSLF" for Oregon Springfield Lions Foundation when writing a check. Umpqua bank representative told me that they would accept those checks with OSLF because they could be associated with the name on the account.

 

Step 3 ***  Creating Corporate Documents:

 

Before we go any further we will need to create your Articles of Incorporation/Constitution, By-Laws, Mission and Vision statement (last two are Lions specific) You may also GOOGLE under search wording of “free Articles of Incorporation” and “free By-Laws” to find websites that will help you create those specific documents as it pertains to your State.

 

Also under Optional Provisions 

​

I would include the following: THIS PERTAINS TO LIONS CLUBS ONLY

 

"The Oregon Springfield Lions Foundation is charted by, and under the jurisdiction of, the International Association of Lions Clubs of Oak Brook, Illinois and is governed by the Constitution and By-Laws of said Association."
 

IN THE CASE OF THE JORDAN VALLEY LIONS CLUB: They were building a Community Center hence they needed wording in their PURPOSE statement to the fact that they would have an ASSET of LAND and PROPERTY. I sent them a copy of the Catholic Community Center Inc. Articles of Incorporation which contained the wording: