On Thu, Oct 1, 2009 at 2:19 PM, Anthony <o...@inbox.org> wrote: > I'd recommend setting up the draft bylaws prior to making the decision of > where to incorporate. How we want to run the organization will help > determine where (and whether) to incorporate.
Right, as otherwise the locality dictates what sort of bylaws you can have. Anthony's point on the bylaws talk page that a discussion of principles and alternatives should come before legally drafting seems wise -- and drafting thzlegalese to match our principles and the law of the chose state should be left to a professional. Massachusetts has several oddities in recommended not-for-profit bylaws .... and THREE separate annual reporting requirements. It's the only jurisdiction I have board / officer / bylaws-committee expertise in, and I would have to recommend incorporating a national entity elsewhere. There's probably a state with worse paperwork for a small board, but I don't know. The only safe early choice is probably Delaware ... provided you don't make replacement of provisional bylaws difficult, which error any good Delaware attorney should help a provisional board from making. Per expert I cited in previous post, it may be the only sane choice anyway. Having been a Director and Officer of a 501(c)(3) corporation subject to Discovery in Litigation, I can not recommend serving on a Board that does not have adequate Directors' Liability Insurance. -- Bill n1...@arrl.net bill.n1...@gmail.com I am not a lawyer, and Justice Scalia agrees it's better that way http://url.ie/2k04 _______________________________________________ Talk-us-bayarea mailing list Talk-us-bayarea@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk-us-bayarea
