Yes, it seems that "incorporate" could usefully be replaced with "form a registered association" in a lot of wikimedia docs / recommendations.
On Sat, Dec 22, 2012 at 2:04 AM, James Alexander <jameso...@gmail.com>wrote: > You can very much have an entity (and even file tax returns or request > tax-exempt status at a federal or state level) without incorporation and > can have legally binding agreements despite the lack of incorporation. It > does sometimes open users up to a bit more personal liability but can be a > very good option for people who are just getting together to do something > good :). > > The uniform definition I generally see is that an "unincorporated > nonprofit association as an unincorporated organization consisting of three > or more members joined by mutual consent for a common, nonprofit purpose" > > James > > > On Sat, Dec 22, 2012 at 1:25 AM, Samuel Klein <meta...@gmail.com> wrote: > >> When you have chapters and affiliates that aren't incorporated, how do >> you handle agreements or grants between such entities? SJ. >> >> >> On Fri, Dec 21, 2012 at 10:31 PM, Michael C. Berch >> <m...@postmodern.com>wrote: >> >>> On Dec 19, 2012, at 6:49 PM, James Alexander wrote: >>> >>> On Wed, Dec 19, 2012 at 4:41 PM, Michael C. Berch >>> <m...@postmodern.com>wrote: >>> >>>> There are no legal or financial stakes, the issue of "municipalities" >>>> is an irrelevant triviality, and it just serves to annoy people. >>>> >>>> -- >>>> Michael C. Berch >>>> User:MCB >>>> m...@postmodern.com >>>> >>>> >>> There most certainly are legal and financial stakes. An incorporated >>> organization costs a not insignificant amount of resources and cash to >>> maintain even before they do anything at all. This is especially true when >>> you are spanning multiple diverse jurisdictions (such as states or >>> countries) and have to know at least some of the laws of each. I don't >>> think towns/cities are a major problem. I'm sure it will be an added >>> wrinkle given that the jurisdiction overlaps the foundations offices itself. >>> >>> >>> I can't speak to jurisdictions outside the U.S., but I have a fair >>> amount of experience and expertise with respect to both business and >>> nonprofit entities in the U.S. I have formed and advised a number of both >>> as an attorney, and I can assure you that there are no problems in >>> operating a 501(c)(3) organization (or similar) that operates in multiple >>> or overlapping states, counties, or municipalities. It is also not >>> particularly necessary that a "chapter" or "affiliate" of a national or >>> global nonprofit (like Wikimedia Foundation) be, itself, an incorporated >>> entity. (The Board of Directors may specify that as a requirement, but it >>> is not a legal one.) >>> >>> Inexperienced organizations often "over-organize" when it comes to local >>> chapters and affiliates, drawing precise geographical jurisdictional lines >>> or requiring that the affiliates represent some particular level of >>> subnational entities. There are a number of reasons why this happens, >>> including intra-organizational politics and misunderstanding of legal >>> issues. It is almost never a good idea, and as we see, generates unneeded >>> conflicts. >>> >>> -- >>> Michael C. Berch >>> User:MCB >>> m...@postmodern.com >>> >>> >>> _______________________________________________ >>> Wikimedia-SF mailing list >>> Wikimedia-SF@lists.wikimedia.org >>> https://lists.wikimedia.org/mailman/listinfo/wikimedia-sf >>> >>> >> >> >> -- >> Samuel Klein @metasj w:user:sj +1 617 529 >> 4266 >> >> _______________________________________________ >> Wikimedia-SF mailing list >> Wikimedia-SF@lists.wikimedia.org >> https://lists.wikimedia.org/mailman/listinfo/wikimedia-sf >> >> > > > -- > James Alexander > jameso...@gmail.com > > _______________________________________________ > Wikimedia-SF mailing list > Wikimedia-SF@lists.wikimedia.org > https://lists.wikimedia.org/mailman/listinfo/wikimedia-sf > > -- Samuel Klein @metasj w:user:sj +1 617 529 4266
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