[Talk-us] U.S. Local Chapters

Bill Ricker bill.n1vux at gmail.com
Fri Oct 2 04:48:41 BST 2009

On Thu, Oct 1, 2009 at 2:19 PM, Anthony <osm at inbox.org> wrote:
> I'd recommend setting up the draft bylaws prior to making the decision of
> where to incorporate.  How we want to run the organization will help
> determine where (and whether) to incorporate.

Right, as otherwise the locality dictates what sort of bylaws you can have.

Anthony's point on the bylaws talk page that a discussion of
principles and alternatives should come before legally drafting seems
wise -- and drafting thzlegalese  to  match our principles and the law
of the chose state should be left to a professional.

Massachusetts has several oddities in recommended not-for-profit
bylaws .... and THREE separate annual reporting requirements. It's the
only jurisdiction I have board / officer / bylaws-committee expertise
in, and I would have to recommend incorporating a national entity
elsewhere. There's probably a state with worse paperwork for a small
board,  but I don't know.

The only safe early choice is probably Delaware ... provided you don't
make replacement of provisional bylaws difficult, which error any good
Delaware attorney should help a provisional board from making. Per
expert I cited in previous post, it may be the only sane choice

Having been a Director and Officer of a 501(c)(3) corporation subject
to Discovery in Litigation, I can not recommend serving on a Board
that does not have adequate Directors' Liability Insurance.

n1vux at arrl.net bill.n1vux at gmail.com
I am not a lawyer, and Justice Scalia agrees it's better that way

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