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Old December 1st 04, 06:57 PM
GrantPerks
 
Posts: n/a
Default NY Attorney General to Beatriz Marinello et al


The letter states that the Office of the Attorney General was not
notified of this sale and that such notification is required by
sections 510 and 511 of New York Not for Profit Law.

Notice to Beatriz Marinello and the rest of the Gang-of-Four: Time
fold up your tent and steal away in the night. You are not getting
away with this.

Sam Sloan


I just read § 510 & § 511 again, and they specifically exempt Type A
corporations. § 201 defines Type A corporations as those "formed for
non-business purpose or purposes, including civic, patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal
husbandry, and for a professional, commercial, industrial, trade or service
association."

NY law § 510 & § 511 are clearly aimed at 501(c)(3) charitable organizations.
The USCF is a 501(c)(4) non-profit.

It will be interesting to see the full text of the letter that Sam has quoted.

Grant Perks


A GUIDE TO SALES AND OTHER DISPOSITIONS OF ASSETS
PURSUANT TO NOT-FOR-PROFIT CORPORATION LAW §§ 510 - 511
AND RELIGIOUS CORPORATIONS LAW § 12


What Transactions Are Covered
Not-for-Profit Corporations:
The sale, lease, exchange or other disposition of all or substantially all of
the assets of a Type
B or Type C not-for-profit corporation requires court approval in accordance
with the procedures
set forth in N-PCL §§ 510-511. (N-PCL § 510(a)(3)). Type D not-for-profit
corporations are treated
as Type B corporations for purposes of this statute. (N-PCL § 201(c)).
The assets may be real and/or personal property, including intangible property
such as bonds,
stocks or certificates of deposit.
There is no fixed numerical or arithmetic measure of "all or substantially
all." Court
approval is required where the asset to be sold represents a large proportion
of the corporation's total
assets or where the sale of the asset may affect the ability of the corporation
to carry out its purposes
regardless of the percentage of the corporation's total assets represented by
the sale.

Exceptions to Covered Transactions:
Type A not-for-profit corporations


Below is a description of the four
types of corporations under New York law. (See N-PCL § 201).

Type A - formed for non-business purpose or purposes, including civic,
patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal
husbandry, and for a professional, commercial, industrial, trade or service
association.


Type D - formed under two New York laws for any business or non-business or
pecuniary or non-pecuniary purpose when such formation is authorized by
any other corporate law of New York, for example corporations formed under
the N-PCL and the Private Housing Finance Law.





  #2   Report Post  
Old December 1st 04, 10:58 PM
StanB
 
Posts: n/a
Default

Someone should forward this to the USCF's attorneys. The court may have
jumped to the conclusion that it is a 501(c)(3).

"GrantPerks" wrote in message
...

The letter states that the Office of the Attorney General was not
notified of this sale and that such notification is required by
sections 510 and 511 of New York Not for Profit Law.

Notice to Beatriz Marinello and the rest of the Gang-of-Four: Time
fold up your tent and steal away in the night. You are not getting
away with this.

Sam Sloan


I just read § 510 & § 511 again, and they specifically exempt Type A
corporations. § 201 defines Type A corporations as those "formed for
non-business purpose or purposes, including civic, patriotic,
political, social, fraternal, athletic, agricultural, horticultural,
animal
husbandry, and for a professional, commercial, industrial, trade or
service
association."

NY law § 510 & § 511 are clearly aimed at 501(c)(3) charitable
organizations.
The USCF is a 501(c)(4) non-profit.

It will be interesting to see the full text of the letter that Sam has
quoted.

Grant Perks


A GUIDE TO SALES AND OTHER DISPOSITIONS OF ASSETS
PURSUANT TO NOT-FOR-PROFIT CORPORATION LAW §§ 510 - 511
AND RELIGIOUS CORPORATIONS LAW § 12


What Transactions Are Covered
Not-for-Profit Corporations:
The sale, lease, exchange or other disposition of all or substantially all
of
the assets of a Type
B or Type C not-for-profit corporation requires court approval in
accordance
with the procedures
set forth in N-PCL §§ 510-511. (N-PCL § 510(a)(3)). Type D not-for-profit
corporations are treated
as Type B corporations for purposes of this statute. (N-PCL § 201(c)).
The assets may be real and/or personal property, including intangible
property
such as bonds,
stocks or certificates of deposit.
There is no fixed numerical or arithmetic measure of "all or substantially
all." Court
approval is required where the asset to be sold represents a large
proportion
of the corporation's total
assets or where the sale of the asset may affect the ability of the
corporation
to carry out its purposes
regardless of the percentage of the corporation's total assets represented
by
the sale.

Exceptions to Covered Transactions:
Type A not-for-profit corporations


Below is a description of the four
types of corporations under New York law. (See N-PCL § 201).

Type A - formed for non-business purpose or purposes, including civic,
patriotic,
political, social, fraternal, athletic, agricultural, horticultural,
animal
husbandry, and for a professional, commercial, industrial, trade or
service
association.


Type D - formed under two New York laws for any business or non-business
or
pecuniary or non-pecuniary purpose when such formation is authorized by
any other corporate law of New York, for example corporations formed under
the N-PCL and the Private Housing Finance Law.







  #3   Report Post  
Old December 2nd 04, 04:19 AM
KidDon
 
Posts: n/a
Default

ojunk (GrantPerks) wrote in message ...

The letter states that the Office of the Attorney General was not
notified of this sale and that such notification is required by
sections 510 and 511 of New York Not for Profit Law.

Notice to Beatriz Marinello and the rest of the Gang-of-Four: Time
fold up your tent and steal away in the night. You are not getting
away with this.

Sam Sloan


I just read § 510 & § 511 again, and they specifically exempt Type A
corporations. § 201 defines Type A corporations as those "formed for
non-business purpose or purposes, including civic, patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal
husbandry, and for a professional, commercial, industrial, trade or service
association."

NY law § 510 & § 511 are clearly aimed at 501(c)(3) charitable organizations.
The USCF is a 501(c)(4) non-profit.

It will be interesting to see the full text of the letter that Sam has quoted.

Grant Perks


A GUIDE TO SALES AND OTHER DISPOSITIONS OF ASSETS
PURSUANT TO NOT-FOR-PROFIT CORPORATION LAW §§ 510 - 511
AND RELIGIOUS CORPORATIONS LAW § 12


What Transactions Are Covered
Not-for-Profit Corporations:
The sale, lease, exchange or other disposition of all or substantially all of
the assets of a Type
B or Type C not-for-profit corporation requires court approval in accordance
with the procedures
set forth in N-PCL §§ 510-511. (N-PCL § 510(a)(3)). Type D not-for-profit
corporations are treated
as Type B corporations for purposes of this statute. (N-PCL § 201(c)).
The assets may be real and/or personal property, including intangible property
such as bonds,
stocks or certificates of deposit.
There is no fixed numerical or arithmetic measure of "all or substantially
all." Court
approval is required where the asset to be sold represents a large proportion
of the corporation's total
assets or where the sale of the asset may affect the ability of the corporation
to carry out its purposes
regardless of the percentage of the corporation's total assets represented by
the sale.

Exceptions to Covered Transactions:
Type A not-for-profit corporations


Below is a description of the four
types of corporations under New York law. (See N-PCL § 201).

Type A - formed for non-business purpose or purposes, including civic,
patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal
husbandry, and for a professional, commercial, industrial, trade or service
association.


Type D - formed under two New York laws for any business or non-business or
pecuniary or non-pecuniary purpose when such formation is authorized by
any other corporate law of New York, for example corporations formed under
the N-PCL and the Private Housing Finance Law.

______________________________

Good analysis.

kiddon
  #4   Report Post  
Old December 2nd 04, 11:23 AM
Sam Sloan
 
Posts: n/a
Default

On 1 Dec 2004 20:19:28 -0800, (KidDon) wrote:

(GrantPerks) wrote in message ...

The letter states that the Office of the Attorney General was not
notified of this sale and that such notification is required by
sections 510 and 511 of New York Not for Profit Law.

Notice to Beatriz Marinello and the rest of the Gang-of-Four: Time
fold up your tent and steal away in the night. You are not getting
away with this.

Sam Sloan


I just read § 510 & § 511 again, and they specifically exempt Type A
corporations. § 201 defines Type A corporations as those "formed for
non-business purpose or purposes, including civic, patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal
husbandry, and for a professional, commercial, industrial, trade or service
association."

NY law § 510 & § 511 are clearly aimed at 501(c)(3) charitable organizations.
The USCF is a 501(c)(4) non-profit.

It will be interesting to see the full text of the letter that Sam has quoted.

Grant Perks


A GUIDE TO SALES AND OTHER DISPOSITIONS OF ASSETS
PURSUANT TO NOT-FOR-PROFIT CORPORATION LAW §§ 510 - 511
AND RELIGIOUS CORPORATIONS LAW § 12


What Transactions Are Covered
Not-for-Profit Corporations:
The sale, lease, exchange or other disposition of all or substantially all of
the assets of a Type
B or Type C not-for-profit corporation requires court approval in accordance
with the procedures
set forth in N-PCL §§ 510-511. (N-PCL § 510(a)(3)). Type D not-for-profit
corporations are treated
as Type B corporations for purposes of this statute. (N-PCL § 201(c)).
The assets may be real and/or personal property, including intangible property
such as bonds,
stocks or certificates of deposit.
There is no fixed numerical or arithmetic measure of "all or substantially
all." Court
approval is required where the asset to be sold represents a large proportion
of the corporation's total
assets or where the sale of the asset may affect the ability of the corporation
to carry out its purposes
regardless of the percentage of the corporation's total assets represented by
the sale.

Exceptions to Covered Transactions:
Type A not-for-profit corporations


Below is a description of the four
types of corporations under New York law. (See N-PCL § 201).

Type A - formed for non-business purpose or purposes, including civic,
patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal
husbandry, and for a professional, commercial, industrial, trade or service
association.


Type D - formed under two New York laws for any business or non-business or
pecuniary or non-pecuniary purpose when such formation is authorized by
any other corporate law of New York, for example corporations formed under
the N-PCL and the Private Housing Finance Law.

______________________________

Good analysis.

kiddon


I thought that you were supposed to be a real lawyer.

The USCF is clearly a Type B Not-for-Profit Corporation. Look it up.

Sam Sloan
  #5   Report Post  
Old December 2nd 04, 12:41 PM
GrantPerks
 
Posts: n/a
Default


I thought that you were supposed to be a real lawyer.

The USCF is clearly a Type B Not-for-Profit Corporation. Look it up.

Sam Sloan


Per Type N-PCL §201(b)
"Type B Corporations are limited to one or more of the following non-business
purposes: charitable, educational, scientific, literary, cultural or for the
prevention of cruelty to children or animals. Such corporations provide a
benefit to the public or some segment of it. "

Per the IRS:
"The organizations described in IRC Section 501(c)(3) are commonly referred to
under the general heading of "charitable organizations."

The exempt purposes set forth in IRC Section 501(c)(3) are charitable,
religious, educational, scientific, literary, testing for public safety,
fostering national or international amateur sports competition, and the
prevention of cruelty to children or animals. "

Again, Type B corporations are clearly charitable organizations, IRS code
section 501(c)(3) is for charitable organizations.

The USCF is a 501(c)(4) and therefore not a type B. By similar comparision to
the NY definition of a Type A corporation, 501(c)(4)'s are Type A.

Grant Perks




  #6   Report Post  
Old December 2nd 04, 01:10 PM
Sam Sloan
 
Posts: n/a
Default

On 02 Dec 2004 12:41:28 GMT, ojunk (GrantPerks) wrote:


I thought that you were supposed to be a real lawyer.

The USCF is clearly a Type B Not-for-Profit Corporation. Look it up.

Sam Sloan


Per Type N-PCL §201(b)
"Type B Corporations are limited to one or more of the following non-business
purposes: charitable, educational, scientific, literary, cultural or for the
prevention of cruelty to children or animals. Such corporations provide a
benefit to the public or some segment of it. "

Per the IRS:
"The organizations described in IRC Section 501(c)(3) are commonly referred to
under the general heading of "charitable organizations."

The exempt purposes set forth in IRC Section 501(c)(3) are charitable,
religious, educational, scientific, literary, testing for public safety,
fostering national or international amateur sports competition, and the
prevention of cruelty to children or animals. "

Again, Type B corporations are clearly charitable organizations, IRS code
section 501(c)(3) is for charitable organizations.

The USCF is a 501(c)(4) and therefore not a type B. By similar comparision to
the NY definition of a Type A corporation, 501(c)(4)'s are Type A.

Grant Perks


As you state above: § 201 defines Type A corporations as those
"formed for non-business purpose or purposes, including civic,
patriotic, political, social, fraternal, athletic, agricultural,
horticultural, animal husbandry, and for a professional, commercial,
industrial, trade or service association."

The USCF does not fall into any of these categories.

Rather, the USCF is Type B, which is cultural, educational and
scientific.

One thing I am deeply concerned about is that this entire affair may
lead to an IRS investigation and we may lose our tax-exempt status.
Apparently, this possibility has already come up when Al Lawrence was
Executive Director. Are you trying to bring this on?

Sam Sloan
  #7   Report Post  
Old December 2nd 04, 01:30 PM
GrantPerks
 
Posts: n/a
Default


One thing I am deeply concerned about is that this entire affair may
lead to an IRS investigation and we may lose our tax-exempt status.
Apparently, this possibility has already come up when Al Lawrence was
Executive Director.


Yes it did. And it was resolved that we did not lose our tax exemption with
regard to B&E.

Are you trying to bring this on?

Sam Sloan


I seriously doubt that my pointing out that the USCF is not a charitable
organization will subject them to any kind of IRS investigation.

On the otherhand, your frivilous lawsuit will cost the USCF from persuing its
purpose as it waste money and other resources trying to defend itself.

Grant Perks



  #9   Report Post  
Old December 2nd 04, 06:24 PM
Rob Mitchell
 
Posts: n/a
Default

Wow,
Great points!

(Sam Sloan) wrote in message ...
On 1 Dec 2004 20:19:28 -0800,
(KidDon) wrote:

(GrantPerks) wrote in message ...

The letter states that the Office of the Attorney General was not
notified of this sale and that such notification is required by
sections 510 and 511 of New York Not for Profit Law.

Notice to Beatriz Marinello and the rest of the Gang-of-Four: Time
fold up your tent and steal away in the night. You are not getting
away with this.

Sam Sloan


I just read § 510 & § 511 again, and they specifically exempt Type A
corporations. § 201 defines Type A corporations as those "formed for
non-business purpose or purposes, including civic, patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal

Was the USCF formed for a non business purpose? Does the USCF advance
civic, social activities through associatonships amoung members? Is
the game of chess and the tournaments aspects of it considered a
profession?


husbandry, and for a professional, commercial, industrial, trade or service
association."

NY law § 510 & § 511 are clearly aimed at 501(c)(3) charitable organizations.
The USCF is a 501(c)(4) non-profit.

It will be interesting to see the full text of the letter that Sam has quoted.

Grant Perks


A GUIDE TO SALES AND OTHER DISPOSITIONS OF ASSETS
PURSUANT TO NOT-FOR-PROFIT CORPORATION LAW §§ 510 - 511
AND RELIGIOUS CORPORATIONS LAW § 12


What Transactions Are Covered
Not-for-Profit Corporations:
The sale, lease, exchange or other disposition of all or substantially


What is the definition of "substantially all of the assets"? Is that
10% or 50% or 60%?

all of
the assets of a Type
B or Type C not-for-profit corporation requires court approval in accordance
with the procedures
set forth in N-PCL §§ 510-511. (N-PCL § 510(a)(3)). Type D not-for-profit
corporations are treated
as Type B corporations for purposes of this statute. (N-PCL § 201(c)).
The assets may be real and/or personal property, including intangible property
such as bonds,
stocks or certificates of deposit.
There is no fixed numerical or arithmetic measure of "all or substantially
all." Court
approval is required where the asset to be sold represents a large proportion
of the corporation's total
assets or where the sale of the asset may affect the ability of the corporation
to carry out its purposes
regardless of the percentage of the corporation's total assets represented by
the sale.


OK, This just answered my prior question above.. LOL BUT... If the
USCF had not sold their building, could they have still moved and
remained solvent and viable? If the answer to that question is "YES"
then I believe the court would have no recourse except to dismiss.

Exceptions to Covered Transactions:
Type A not-for-profit corporations


Below is a description of the four
types of corporations under New York law. (See N-PCL § 201).

Type A - formed for non-business purpose or purposes, including civic,
patriotic,
political, social, fraternal, athletic, agricultural, horticultural, animal
husbandry, and for a professional, commercial, industrial, trade or service
association.


Type D - formed under two New York laws for any business or non-business or
pecuniary or non-pecuniary purpose when such formation is authorized by
any other corporate law of New York, for example corporations formed under
the N-PCL and the Private Housing Finance Law.

______________________________

Good analysis.

kiddon


I thought that you were supposed to be a real lawyer.

The USCF is clearly a Type B Not-for-Profit Corporation. Look it up.

I don't see that it "clearly is" or "clearly is not". I think this is
a good point to be determined by the court.

Sam Sloan


Rob Mitchell
  #10   Report Post  
Old December 3rd 04, 04:41 AM
Rob Mitchell
 
Posts: n/a
Default

Hi Sam,
Just founf this information on the web. Perhaps it will provide
additional insight. I think the best way to look is on their tax
records. I believe they will clearly have to state with form they are
incorporated under.

Major subcategories within the non-profit sector include:

Charities. Nonprofits that are exempt under Section 501(c)(3) are
often called charities; examples are non-profit schools and hospitals,
museums, scholarship foundations, social service organizations, public
television and radio stations and youth sports organizations. A
non-charity such as a union is also considered a charitable
organization under the law if it employs a charitable appeal in its
solicitations from the public.

Foundations. Foundations are also 501 (c)(3) nonprofits and are one
of the most complex components of the nonprofit sector. There are
nearly 40,000 foundations in the United States. The most common a

Private foundations usually have a single source of funding (an
individual, a family, or a business), and use income from investments
to make grants to other nonprofit organizations. The Ford Foundation,
The Carnegie Corporation, and the W.K. Kellogg Foundation are well
known examples. Private foundations are subject to more stringent
regulation and reporting requirements than other types of nonprofits.
Community foundations pool the resources of many donors and focus
their grant making on a particular city or region. The Cleveland
Foundation and the New York Community Trust are examples of community
foundations. The IRS classifies community foundations as publicly
supported charities, not private foundations.
Corporate foundations are private foundations that receive funding
from and make grants on behalf of a corporation (the Metropolitan Life
Foundation and the American Express Foundation are examples). Many
corporations have in-house corporate giving programs instead of or in
addition to corporate foundations.
Operating foundations use the bulk of their resources to carry out
their own charitable programs, rather than by making grants to other
nonprofits. The Carnegie Endowment for International Peace and the
Getty Trust are examples of operating foundations.
Social welfare organizations. Nonprofits such as the National
Association for the Advancement of Colored People, the National Rifle
Association, and the National Organization for Women are exempt
section 502(c)(4) of the tax code. These nonprofits are often called
social welfare or advocacy organizations. Contributions to 501(c)(4)
organizations are not tax-deductible, and 501 (c)(4) nonprofits have
greater latitude to participate in legislative advocacy, lobbying, and
political campaign activities.

Professional and trade associations. Chambers of commerce, business
leagues, and other organizations that promote the business or
professional interests of a community, an industry, or a profession
generally qualify for tax-exemption under Section 501(c)(6) of the tax
code. Although contributions to these organizations are not
tax-deductible, membership dues may be deductible as business
expenses. The nonprofit sector serves as a forum for the discussion
and dissemination of new ideas, an efficient vehicle for delivering
social services, and a guardian of our environment, values, and
heritage.

Documentation Requirements:

As a minimum the nonprofit organization must provide an EIN #,
organization name, and head office address. The nonprofit organization
must also have a form 990 on file, this can be checked by going to the
www.guidestar.org website and reviewing the GuideStar© nonprofit
database.

Products must be registered in correct name of the nonprofit
organization

Rob Mitchell


(Sam Sloan) wrote in message ...
On 02 Dec 2004 12:41:28 GMT,
ojunk (GrantPerks) wrote:


I thought that you were supposed to be a real lawyer.

The USCF is clearly a Type B Not-for-Profit Corporation. Look it up.

Sam Sloan


Per Type N-PCL §201(b)
"Type B Corporations are limited to one or more of the following non-business
purposes: charitable, educational, scientific, literary, cultural or for the
prevention of cruelty to children or animals. Such corporations provide a
benefit to the public or some segment of it. "

Per the IRS:
"The organizations described in IRC Section 501(c)(3) are commonly referred to
under the general heading of "charitable organizations."

The exempt purposes set forth in IRC Section 501(c)(3) are charitable,
religious, educational, scientific, literary, testing for public safety,
fostering national or international amateur sports competition, and the
prevention of cruelty to children or animals. "

Again, Type B corporations are clearly charitable organizations, IRS code
section 501(c)(3) is for charitable organizations.

The USCF is a 501(c)(4) and therefore not a type B. By similar comparision to
the NY definition of a Type A corporation, 501(c)(4)'s are Type A.

Grant Perks


As you state above: § 201 defines Type A corporations as those
"formed for non-business purpose or purposes, including civic,
patriotic, political, social, fraternal, athletic, agricultural,
horticultural, animal husbandry, and for a professional, commercial,
industrial, trade or service association."

The USCF does not fall into any of these categories.

Rather, the USCF is Type B, which is cultural, educational and
scientific.

One thing I am deeply concerned about is that this entire affair may
lead to an IRS investigation and we may lose our tax-exempt status.
Apparently, this possibility has already come up when Al Lawrence was
Executive Director. Are you trying to bring this on?

Sam Sloan

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