On Sun, 5 Apr 2009 21:33:43 -0500 Nathan Ingersoll <ninge...@gmail.com> said:

agreed. i know i'm not into the idea of yet more paperwork than i already
have! :) let someone else take care of it! focus on what we do... hacking
stuff! :)

> Attempting to revive this thread...
> 
> Do we realistically have the resources to perform the necessary
> accounting, paperwork, pay the necessary fee, etc to be outside of
> something like the SFC?
> 
> IMO, we should avoid the legal hassles as much as possible, unless
> there is a significant problem raised by being a part of SFC or other
> umbrella organizations.
> 
> 
> On Sat, Feb 7, 2009 at 9:10 AM, Ravenlock <ravenl...@ravenlock.us> wrote:
> > On 02/07/2009 01:24, Toma wrote:
> >> I did a little leg work to see what the Gnome and KDE folks are doing.
> >>
> >> http://foundation.gnome.org/legal/
> >> http://foundation.gnome.org/finance/
> >> (Yes, the 2007 books are not available! Naughty Naughty!)
> >> Looks like they run the show themselves, but get free-ish legal
> >> services from SFLC
> >>
> >> http://ev.kde.org/
> >> These guys also run the show themselves.
> >>
> >> Do we know just how much time gets spent doing all this book keeping
> >> and ground work for these foundations? I get the feeling its a bit of
> >> work at the start to setup all the copyright, trademarks, bank
> >> accounts, tax forms etc etc, but once its going its probably not that
> >> hard to do. (No im not putting my hand up...)
> >
> > I honestly have very little idea what would truly be involved for us to
> > do it ourselves.  I know many orgs do it themselves.  Those you already
> > mentioned, FreeBSD and Apache come to mind.
> >
> > One of the reasons I think the other big orgs are able to do their own
> > thing is there is much more organization to their Organization.  They
> > have a very well defined structure and development processes.  E on the
> > other hand has intentionally resisted creating any structure.  This is
> > not bad.  Just the way it is.  But I think that fact makes it difficult
> > to run a formal NPO.
> >
> > I think the things you just mentioned are quite a lot of work.  And I
> > think some of them require knowledge I'd be willing to bet few of us
> > already own.  Which means there is more work involved in learning what
> > to do, and how to do it right/well.  And then there is the work involved
> > when something goes wrong somewhere (think legal dispute, IRS issues,
> > donator wanting proper receipts?, others?).
> >
> > Now, it may very well be that all is required to form an NPO is to fill
> > out an IRS form, open a bank account if we desire to accept donations,
> > and file yearly IRS forms.  Bang, done.  In many cases I suspect that
> > would really do.  So we might get away with it.
> >
> > But, lets go back to the beginning here, and ask "*Why* do we need to
> > form an NPO?".  A good question, especially considering E might very
> > well be older than some of its contributers, and its gotten along
> > without for so long.
> >
> > The impetus for my looking into it last year, and again this year is
> > simply GSoC, and the large donation Google makes to us.  They provided a
> > rather large donation to E, that had to be accepted by a US resident.
> > Said US resident carried that tax liability.  This will happen again
> > this year provided we are in fact accepted.  The only other need we have
> > had to my knowledge up to this point would possibly be other peoples
> > donations.  Technically the donations we've accepted in the past had tax
> > consequences for both the person who accepted them for E and for those
> > giving the donations.  Presently those donations are not deductible.  If
> > we were an NPO those donating would have the ability to deduct them.
> >
> > So, to answer my own question... I'm sure we could get by without
> > forming a NPO.  Our perceived needs are quite small.  But I brought it
> > up to get people discussing it, to see if more needs get kicked up.  In
> > my head I keep thinking legal cya.  Legal representation is one of those
> > things you may never need, but if you do you'd be quite sorry to not
> > have it.  Now SFLC may represent an org even if they are not an NPO, not
> > sure.  So that there may further reduce our need for NPO.
> >
> > I think its very easy to argue we do not need one.  But what I am hoping
> > to do here is get people to discuss, and see if maybe we do in fact have
> > a genuine need, and simply never knew it.
> >
> >>
> >> Toma
> >>
> >> 2009/2/7 Ravenlock <ravenl...@ravenlock.us>:
> >>> Hello,
> >>>
> >>> [Not a development topic.. but I need to hit the right audience]
> >>>
> >>> Last year, with our acceptance in GSoC, it came to my attention that we
> >>> might possibly benefit from forming an official 501(c)(3) Non Profit
> >>> Organization.  This has become fresh in my mind again this year due to
> >>> GSoC, but also due to the "Bounty" that has appeared regarding the E
> >>> File Manager.
> >>>
> >
> > [snip]
> >
> >
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-- 
------------- Codito, ergo sum - "I code, therefore I am" --------------
The Rasterman (Carsten Haitzler)    ras...@rasterman.com


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