[Foundation-l] bylaws (second call)
Jeffrey V. Merkey
jmerkey at wolfmountaingroup.com
Fri Aug 18 07:03:55 UTC 2006
Ray Saintonge wrote:
>Jeffrey V. Merkey wrote:
>
>
>
>>Ray Saintonge wrote:
>>
>>
>>
>>
>>>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.
>>>
>>>
>>>
>>Churches are non-profits in the US as well and can use the funds for
>>internal expenses. In fact, most religious organizations don't
>>distribute monies at all
>>and they are all consumed in-house in programs supporting their
>>organizations . They have whatever rules they wish for members and they
>>are not regulated. Our Corporation Sole by laws are a single page and
>>simply state the corporation has the rights to acquire assets and real
>>property
>>and receive funds and dispose of them how it wishes. It varies state by
>>state, but Utah is pretty open on how non-profits can operate. There just
>>cannot be and co-mingling of personal funds with non-profit monies.
>>
>>
>>
>To avoid a misunderstanding there is a distinction made in Canadian law
>between charitable foundation and charitable organization. What you
>describe is more characteristic of a charitable organization.
>
>Ec
>
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In most US States, they can operate just about any way they want (except
they cannot divert or co-mingle personal monies). There are Corporation
Soles and Non-Profit Corporations. What you name them doesn't matter.
The IRS and most states stopped granting Corporation Sole status to new
entities about 2004 due to a wave of tax fraud that swept the US with
individuals creating Corporation Soles and diverting personal assets to
dodge Income Tax, but some states still allow them for legitimate
organizations. Utah banned any new ones after 2004. Ours was formed in
2001 so we still have it. One nice thing about a Corporation Sole is you
are not required to ever file an annual report in Utah -- ever.
Jeff
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