[haiku-inc] Re: Is Haiku Inc. operating in accordance to NY state law?

  • From: "Michael Phipps" <michael.phipps@xxxxxxxxxxx>
  • To: haiku-inc@xxxxxxxxxxxxx
  • Date: Tue, 30 Sep 2014 20:13:36 -0400


-----Original Message-----
From: "Karl vom Dorff" [karlvd@xxxxxxxxx]
Date: 09/30/2014 19:54
To: haiku-inc@xxxxxxxxxxxxx
Subject: [haiku-inc] Is Haiku Inc. operating in accordance to NY state law?

"The existence of the corporation begins upon the filing of the Certificate of 
Incorporation with the Department of State. After the corporate existence has 
begun, an organization meeting of the initial directors designated in the 
Certificate of Incorporation must be held for the purpose of adopting by-laws, 
electing directors and the transaction of any other business. (See Section 405 
of the Not-for-Profit Corporation Law.)". source


Can Haiku Inc. please confirm whether they adopted by-laws at the initial 
meeting? 


I do find the situation somewhat questionable that the same board of directors 
have been at the helm of Haiku Inc. (whether legal or not) for so long. Also, 
that there are only annual meetings. 


There has been interest here to form these By-Laws. If the current board is 
incapable, and NY state law says by-laws are mandatory, then perhaps a 
committee should be set up to advise the board.


This concerns me less, and I do not know what the arrangement is with Adrien 
and Haiku Inc. either, but this is interesting i.e workers comp:

"Non-profits which have paid staff must comply with minimum wage laws, and with 
the requirement in most states to obtain workers compensation insurance." source

-------------------------------------------------------------------------------------------------------------

Yes Haiku has bylaws. I wrote them, so I am quite sure. They were sent in with 
the original Certificate of Incorporation.  They may have been modified in the 
last 7 years, but they exist. 

Independent contractors do not have to have worker's compensation. That is part 
of hiring contractors. I looked into that before offering contracts.

Michael




Other related posts: