Am involved in a 501c3 that is in need of a more sustainable leadership structure. Currently, there is a Board of Directors with the President as the only officer. The board realizes there needs to be a change made to better handle internal issues, and develop a sustainable leadership model.
Am under the impression that a 501c3 cannot make certain changes to their basic function without some legal issues being addressed. Have been unable to find resources on the 'net to help me answer this question.
A message board link or a referral to a mailing list that can help would be much appreciated.
2006-12-31 04:04:35 · 4 answers · asked by leothecomm 2 in Politics & Government ➔ Law & Ethics
We have an attorney available to answer questions, but even at a reduced hourly rate, we'd like to do as much homework as we can
2007-01-01 04:06:46 · update #1
Hmmm, I'm curious as to your state because in Texas, when I set up three 501c3 organizations here, we needed more than one officer because legally, the same person couldn't be both secretary, treasurer.
Check out the nonprofit section of our state's Secretary of State and see if indeed you set up your nonprofit according to state legal mandates on the structure.
In my state, you can make changes to your by-laws and articles of incorporation and refile them with the state with the declaration of your new officer structure and outcome of the vote. You should have outlined the officers in one of those documents and I'm just surprised that you could make it past the IRS tax exemption status without having more than one officer. What's the point of having a board of directors if there is only one officer.
In our state, your Secretary of the Board has to certify the documents, such as your minutes, -- are you saying your Board President is also the Scretary too?
What about Treasurer, your state didn't require you to have a separate one of those too? That should be separate person because of the need to have checks and balances over this position and not just one person handling and seeing all the money.
Anyway, it's hard to direct you to a message board until you give your state because state law will govern much of how your organization has to operate and be structured.
2007-01-03 18:11:18 · answer #1 · answered by zuri 2 · 0⤊ 0⤋
The 501(c)3 status is going to take awhile and is not dependant upon your staying. If the CEO needs to proceed the corporate, the board can purely choose for somebody else. besides the undeniable fact that, you could notify the state of incorporation which you're actually not from now on an officer, disolve the corporate, or purely walk away.
2016-12-15 12:21:47 · answer #2 · answered by ? 4 · 0⤊ 0⤋
I am not quiet sure if this will help, but I know a way you can have access to a lawyer to answer all of these questions. If you are part of this non profit organization, then having this access might help you in the future as well. I can explain more, but only if you are interested. Let me know and good luck to you!
2006-12-31 07:32:10 · answer #3 · answered by gatorgirl 5 · 0⤊ 0⤋
one place to start might be your state's attorney general's office, charities division. they could refer you to resources that contain the information you are looking for, since the laws would be specific to the state where the 501c3 is filed.
2006-12-31 07:31:32 · answer #4 · answered by ? 6 · 1⤊ 0⤋