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Article #165Re: Query: Raising money for equipment, etc.
From: wdr
Date: Mon, 14 Sep 1998 00:00
Date: Mon, 14 Sep 1998 00:00
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The previous response seemed correct as far as it went. There are at least three steps. Disclaimer: I'm not an attorney, (-: I don't even play one on local access TV :-) but I've been around this block a few times. * Incorporate in your state, which probably requires paperwork from the Secretary of State's office rather than the AG. (Secretary of State in Mass.) This requires things like Bylaws, Elections, annual meetings, etc. * File as a public charity in your state, possibly AG, possibly Revenue/Tax department, possibly Secretary of State. (AG's office of public charities here in Mass.) * File as Section 501(c)(3) Scientific And Educational Public Charitable Corporation with the IRS * File annual reports with all of the above * After incorporating, you may need Directors Liability Insurance. (If a corporation does not extend indemnity coverage for to Board members and officers, why would anyone choose to bet their mortgage on their colleagues' actions?) WRTo the name SKYWARN, the name belongs to the NWS as I understand it. Recognition by your local WCM as the SKYWARN for your district should suffice, I think. I know of no other procedure. If this isn't in a FAQ at skywarn.org it should be, if only to defend against demonstrate they aren't making a claim on the government's mark. WRTo how long it takes to get going as a charity: it depends on your lawyers if any. One advantage to doing SKYWARN as an ARES unit is that you can call upon ARRL Volunteer Counselors in your Section (lawyers with ham licenses who volunteer to help hams with the law) who will already have done this for 4 other clubs in the area and know where/how to grease the skids. You may be able to talk them into doing it for you anyway, or you may be able to find a "Free Lawyers for the Arts" program that will refer you to a lawyer looking to do Pro Bono (latin for Free) work for a worthy group to get you through it (if he succeeds, he can write it off). The process is the same for Skywarn, regular radio clubs, PTA, Community theatre, so any attorney who has done club charter/tax work can help. (Fraternal orders are a slightly different chapter, if I recall correctly.) Note that 501(c)(3) really only helps if you're dealing with donors who are going to actually write it off on taxes. If you're getting decommissioned ambulances, light bars, and radios from companies or governments, they're either already fully depreciated or already government property, so it may not matter; a bone fide public service group may be adquate documentation. 501(c)(3) is one means of demonstrating you're eligible for used equipment, but is not necessarily the only one. And a really big donor will expect you to not only be 501(c)(3) but to appear on the list of charities that filed the annual statement of receipts and disbursements which is optional for smaller charities -- they may not realize you can be legit 501(c)(3) without appearing on the list; one group I know lost a big donation because the donor's CFO vetoed it because they werne't on the list, even though they were properly 501(c)(3). Many other donations can be had without 501(c)(3); eg, if the corporation can write it off as a Promotional expense rather than a Charitable expense, their paperwork is easier ... which may mean a list of sponsors on the side of the vehicle, press releases, a thank-you in the newsletter. Also Equipment installed for your team's use at the government EOC, in the Sherif's Commo Van, or an NWS facility may be solicited by you but donated to the Government, who has their own peculiar tax status. Repeat: Ask your attorney. I'm not from your state (and I'm not even always right here). 73 de N1VUX -- Bill Ricker N1VUX wdr@world.std.com "The freedom of the press belongs http://world.std.com/~wdr to those who own one."--A.J.Liebling
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1048cc,b97f40432070c256 X-Google-Attributes: gid1048cc,public From: wdr@world.std.com Subject: Re: Query: Raising money for equipment, etc. Date: 1998/09/14 Message-ID: <EzAIA1.I7A@world.std.com> X-Deja-AN: 391093229 References: <Pine.A32.3.95.980912070442.51176B-100000@freenet2.afn.org> Organization: Swamp-Castle Press, Boston Newsgroups: bit.listserv.skywarn