[Foundation-l] bylaws (second call)

Fri Aug 18 04:50:27 UTC 2006

Ray Saintonge wrote:

>Lars Aronsson wrote:
>
>  
>
>>Ray Saintonge wrote:
>> 
>>
>>    
>>
>>>I have yet to see a clear rationale for a memberless Foundation.  
>>>In some jurisdictions such a concept is unthinkable.
>>>   
>>>
>>>      
>>>
>>Really?  Exactly which jurisdictions don't provide for memberless 
>>foundations?  This news should be added to the article
>>http://en.wikipedia.org/wiki/Foundation_%28charity%29
>>
>>If I could think of a single property that is unique for 
>>foundations, it is exactly this, that they don't have (or need) 
>>members.
>>
>>    
>>
>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.  Unincorporated organizations 
>will normally only be practical for the smallest of charities, but even 
>there there is a provision that the benefits of the organization may not 
>accrue to the "members" See 
>http://www.cra-arc.gc.ca/E/pub/tg/t4063/t4063eq.html
>
>Incorporation may be either Federal or Provincial but the law generally 
>requires that provision for members must be included in the by-laws.  
>For the British Columbia situation see 
>http://www.qp.gov.bc.ca/statreg/stat/S/96433_01.htm#section6
>
>Ec
>
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>  
>
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.

Jeff