Dear Group,
This is the "code" for New York. Can anyone tell me how it might impact
the move?

http://www.oag.state.ny.us/charities/role.pdf

Thanks,
Rob

On 13 Dec 2004 10:43:44 -0800, "Rob Mitchell"
wrote:

Dear Group,
This is the "code" for New York. Can anyone tell me how it might impact
the move?

http://www.oag.state.ny.us/charities/role.pdf

Thanks,
Rob

Yes. That is correct. But the most important section is at
http://www.oag.state.ny.us/charities/sales.pdf

That is the section cited by the Assistant Attorney General in her
letter to the court.

Sam Sloan

Can anyone find if the NY code handles 501(c)3 and 501(c)4 differently?
thanks,
Rob

Can anyone find if the NY code handles 501(c)3 and 501(c)4 differently?
thanks,
Rob


Every example that is cited as falling under the applicable sections of the
State of NY Code is either a 501(c)(3) or a religous organization under IRS
rules. Without reviewing my notes, the type of corporations that fall under
these sections are defined as "type b" corporations. The USCF, which is a
501(c)(4), appears to fall under the definition of "type a" corporations. Type
a corporations do not have to make notification the attorney general for sale
of real estate.

While the State of NY could define a non profit differently then the IRS, the
NYS definition for charitable corporations (type b) is almost verbatim from the
IRS code section 501.

Quoting from the PDF that Sam just gave:
"The New York State Attorney General supervises organizations and individuals
that administer and/or solicit charitable funds or other charitable assets in
New York State. The Attorney General works to protect donors to charity,
charities and the beneficiaries of charities."

This section of NY law is clearly aimed at charitable organizations that
solicit donations from donors. The USCF does not seek charitable donations.

Grant Perks

On 13 Dec 2004 21:19:46 GMT, ojunk (GrantPerks) wrote:


Can anyone find if the NY code handles 501(c)3 and 501(c)4 differently?
thanks,
Rob


Every example that is cited as falling under the applicable sections of the
State of NY Code is either a 501(c)(3) or a religous organization under IRS
rules. Without reviewing my notes, the type of corporations that fall under
these sections are defined as "type b" corporations. The USCF, which is a
501(c)(4), appears to fall under the definition of "type a" corporations. Type
a corporations do not have to make notification the attorney general for sale
of real estate.

While the State of NY could define a non profit differently then the IRS, the
NYS definition for charitable corporations (type b) is almost verbatim from the
IRS code section 501.

Quoting from the PDF that Sam just gave:
"The New York State Attorney General supervises organizations and individuals
that administer and/or solicit charitable funds or other charitable assets in
New York State. The Attorney General works to protect donors to charity,
charities and the beneficiaries of charities."

This section of NY law is clearly aimed at charitable organizations that
solicit donations from donors. The USCF does not seek charitable donations.

Grant Perks

I disagree with your interpretation of the law and apparently the
Attorney General of New York does as well.

The USCF is a Not-For-Profit Corporation. Not-For-Corporations do not
have stockholders. Since there are no owners, it is up to the State to
regulate their activities. Clearly, the state must step in when the
building is sold and the proceeds used to benefit the officers of the
corporation.

Sam Sloan

Well,
I asked the AG directly. Soon we will have the answer. I hate
speculation when there is a chance to get a direct determination.
Rob

Well,
I asked the AG directly. Soon we will have the answer. I hate
speculation when there is a chance to get a direct determination.
Rob

You asked if anyone knew. I told you what I know.

Grant

Grant,
Correct. I tend to follow your line of reasoning. It was not an attact
at all and certainly was not directed at you. I am sorry for the
misunderstanding.
Rob

On 13 Dec 2004 22:10:04 GMT, ojunk (GrantPerks) wrote:


Well,
I asked the AG directly. Soon we will have the answer. I hate
speculation when there is a chance to get a direct determination.
Rob

You asked if anyone knew. I told you what I know.

Grant

Grant Perks is an excellent accountant.

He is not a lawyer, however.

Sam Sloan

"Rob Mitchell" wrote in message
oups.com...
Dear Group,
This is the "code" for New York. Can anyone tell me how it might impact
the move?

http://www.oag.state.ny.us/charities/role.pdf


Very little other than to provide opportunity for Sam's nuisance suit.