[ciphershed] CipherShed non-profit

  • From: Bill Cox <waywardgeek@xxxxxxxxx>
  • To: ciphershed@xxxxxxxxxxxxx
  • Date: Sun, 15 Jun 2014 06:13:11 -0400

There has been discussion about becoming a non-profit organization.
Here in the US, legally, we already are:

http://www.nolo.com/legal-encyclopedia/what-an-unincorporated-nonprofit-association.html

"But, if the purpose for the association is to benefit the public some
way, and does not include earning a profit, the association’s members
have formed an unincorporated nonprofit association. People form
nonprofit unincorporated associations all the time; often without being
aware of it. For example, if you and several of your neighbors get
together to help raise funds to keep your local library branch open,
you’ve formed an unincorporated nonprofit association."

Basically, whether or not we call ourselves a non-profit, legally that's
just what we are here in the US.  Should we incorporate inorder to
protect ourselves from personal liability?  If that were important, I
would expect lawyers to do it when they form non-profits.  What form of
non-profit would lawyers choose?  Until very recently, the American Bar
Association was an unincorporated non-profit!  Here is a list of some
unincorporated non-profits in North Carolina:

http://www.secretary.state.nc.us/corporations/nonincprofit.aspx

There is a right time to incorporate.  Most people choose to incorporate
too soon, thinking that they gain some sort of legal protection.  The
protections from incorporating are a lot less than most people think,
and doing it wrong carries considerable liability on it's own.

Bill

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