[Foundation-l] bylaws (second call)

[Ray Saintonge]

Lars Aronsson wrote:

>Ray Saintonge wrote:
>  
>
>>I have yet to see a clear rationale for a memberless Foundation.  
>>In some jurisdictions such a concept is unthinkable.
>>    
>>
>Really?  Exactly which jurisdictions don't provide for memberless 
>foundations?  This news should be added to the article
>http://en.wikipedia.org/wiki/Foundation_%28charity%29
>
>If I could think of a single property that is unique for 
>foundations, it is exactly this, that they don't have (or need) 
>members.
>
The one characteristic that is unique to a charitable foundation is that 
it distributes funds to others, and does not primarily perform the 
charitable works itself.  In Canada charitable designation is a federal 
matter, and is in addition to whatever is done to constitute the 
organization.  It may be based on formal incorporation, an irrevocable 
trust or an unincorporated organization.  Unincorporated organizations 
will normally only be practical for the smallest of charities, but even 
there there is a provision that the benefits of the organization may not 
accrue to the "members" See 
http://www.cra-arc.gc.ca/E/pub/tg/t4063/t4063eq.html

Incorporation may be either Federal or Provincial but the law generally 
requires that provision for members must be included in the by-laws.  
For the British Columbia situation see 
http://www.qp.gov.bc.ca/statreg/stat/S/96433_01.htm#section6

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