On Mon, 14 Aug 2006 11:44:17 -0400
Bill Sconce <[EMAIL PROTECTED]> wrote:

>
> Jim's comments/scenario, according to my notes:
>     1. GNHLUG is a corporation.
>     2. Someone (Martha's, say) lets GNHLUG LLC. have a meeting
upstairs.

First, I suspect I will regret not keeping a personal promise to
avoid this issue.  

Second, I will be out of town from Wed through Sunday and again
for the fist two weeks of Sept. so I'm unlikely to actively
participate in this debate regardless. 

Third, I have not read the notes, etc.

Fourth, I am replying to Bill's message, but this is not directed
at him

That said, a few points.  Nobody in their right mind would
register/form  GNLUG as an LLC so I don't know why there is a
discussion of GNHLUG, LLC.  I'll explain if anyone wants the
long story, but I think we have been over that.

I believe the issue is whether a voluntary association should be
formed with the name of GNHLUG.  As such it would be considered a
not for profit organization and the general rules which apply to
corporations would generally apply to GNHLUG.  If it applied for
recognition as a non-profit by the IRS, then it would be a tax
exempt organization as well.  That is really optional.

While anyone can go search and find stuff on the web, I suggest
the concept of piercing the corporate veil, etc. would simply be
inapplicable to a voluntary association and all the stuff of that
ilk are red herrings.  

So some want to leave it the way it is which is those who
volunteer their time and money will be rewarded with
unquestionable personal liability for anything that happens by
any activity of GNHLUG such as the hypothetical given.  Nice. 
And those of this view are doing what for GNHLUG aside from
raising objections?

There are a myriad clubs of every conceivable nature happily
humming along in NH and nearly all of them of any substance are
voluntary associations/non-profits.  Do you really believe they
would be and could survive if the list of horribles that are
raised every time this subject is discussed within GNHLUG were
the impediments some say?

BTW, anyone taken the time to actually go to an insurance agent
and obtain a quote for insuring a non-for profit association?

I find this matter very tiresome and assume that someone will
simply go file the papers and the malcontents can complain in
the wilderness to their heart's content.   Its like
who is the next fearless leader and nomination /voting.  Huh?  On
what basis does anyone think there is a right to nominate or vote
or have any say.  There is no framework to provide any of those
things.

Just to be clear, I have no interest in engaging in a debate
about this, nor in  responding to erroneous legal conclusions
relating to non-profit corporations.  I have a life.


Ed Lawson





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