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
>>
>> _______________________________________________
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>> 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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