discuss: VolunteerMatch, getting a US EIN number, LDP money


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Subject: Re: [discuss] VolunteerMatch, getting a US EIN number, LDP money
From: David Lawyer ####@####.####
Date: 22 Mar 2007 09:11:48 -0000
Message-Id: <20070322091153.GA5276@davespc>

On Wed, Mar 21, 2007 at 06:56:50PM -0700, Rick Moen wrote:
> On related matters (incorporation, tax-exempt status, insurance,
> volunteer liability), by coincidence, I happen to have recently expanded
> the discussion in the Linux User Group HOWTO, which coverage may be of
> interest:  http://en.tldp.org/HOWTO/User-Group-HOWTO-7.html#ss7.1

On the issue of liability, if I use my address in California for LDP's
EIN number and someone were to sue "members" (such as me) of LDP in
a California court, there's a California unincorporated nonprofit
association (that's LDP) tort law here.  Here's the gist of part of it
I found on the Internet:

   November 19, 2004
   To: The Honorable Arnold Schwarzenegger, Governor of California, and
   The Legislature of California

   Under existing law, a member, director, officer, or agent of an
   unincorporated nonprofit association is not liable for a tort of
   the association merely because of that person's status as a member,
   director, officer, or agent.
   [snip]

Some other states in the U.S. have similar laws.  This isn't mentioned
in the User Group HOWTO.  It should be.  There's a uniform law re this
known as the "Uniform Unincorporated Nonprofit Association Act" but
California didn't adopt it, although some other states have.  So if
what is in this HOWTO is correct regarding protection from being sued
if you're a corporation, it looks like about the same protection is
offered in California even if you're not a corporation but are a
non-profit organization (association) like LDP.

			David Lawyer

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