Subject:
Re: [discuss] Should LDP apply for non-profit status (was Re: VolunteerMatch
...)
From:
Bradley Hook ####@####.####
Date:
18 Apr 2007 23:34:02 -0000
Message-Id: <4626AAD3.9040203@kssb.net>
Rick Moen wrote:
> Quoting Bradley Hook ####@####.####
>
>> 1. Technically speaking, Boy Scout Troops are *programs* chartered to a
>> legal entity, such as a church, school, or in some rare cases even a
>> private company. Any contracts entered by the troop are on behalf of the
>> chartering organization. All property and assets of the Troop actually
>> belong to the chartering organization.
>
> To reiterate, innumerable times, I've seen troops entering into contract,
> through the various involved individuals so doing. (Note that people
> form contracts all the time, and a group of scouts and a parent can't
> even enter a taxicab without doing so.)
Yes, Troops can enter into contracts. However, Troops are *not*
independent organizations. The Troop's committee members and registered
adult members are authorized agents of the Troop's chartering
organization, and answer to that organization (generally via a liaison
appointed to the committee). My goal was not to argue that a Troop could
not enter a contract. I only intended to point out that a Troop is not
an independent organization, but rather a program of an independent
organization (like a church, school, or private company). When the
"Troop" enters into any form of written or quasi contract, the legal
obligation is placed on the chartering organization. From what I've
read, this discussion is *not* about TLDP becoming a chartered program
of an independent legal entity, and so the comparison is irrelevant.
>> 2. If you want to know how to properly form a new organization, pick up
>> a copy of Robert's Rules from your local book store ($5-$10).
>
> Um, Robert's Rules of Order (in its various conflicting incarnations)
> tells you nothing at all about how to form a new organization: It's a
> set of rules of order for proceedings of deliberative assemblies.
The various copies I have read, including the one currently on my
bookshelf, outline the procedures to formally establish a new assembly.
In my understanding of the word, an assembly qualifies as an
organization, and so it does explain how to "form a new organization."
In addition, it defines a well-tested method of governing the organization.
>> 3. Social clubs and such are recognized under tax law and carry no
>> form of incorporation.
>
> Except when they do.
The point is, they don't have to.
>> 4. Generally, a president, treasurer, and secretary are desirable for
>> any organization seeking legal recognition.
>
> If by "recognition" you mean incorporation, they are in fact required
> (but are usually called CEO, CFO, and secretary). An agent for service
> of process is likewise required.
I do not mean incorporation. While a non-incorporated organization can
seek legal recognition, it would be difficult to do so without a solid
form of governance. Many of the more common governance models require,
at a minimum, a president, treasurer, and secretary. The actual names of
the offices (CEO, CFO, etc.) are mostly irrelevant, and it is the
assigned duties that are important. The titles I used are based on the
historically acceptable titles of these roles, and are also a part of
written parliamentary procedures.
~Bradley
