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Legalities of Establishing a Society - FGS Wiki

Legalities of Establishing a Society


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(Created page with "'''Introduction''' You can establish a society! The legalities are not difficult. A society may start with just one person who wants to meet others to share ideas and work to...")
 
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'''Introduction'''
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==Introduction==
  
 
You can establish a society! The legalities are not difficult. A society may start with just one person who wants to meet others to share ideas and work together. Or, it can evolve because several individuals find they share common interests.
 
You can establish a society! The legalities are not difficult. A society may start with just one person who wants to meet others to share ideas and work together. Or, it can evolve because several individuals find they share common interests.
  
'''Preliminary Strategies'''
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==Preliminary Strategies==
  
 
You will find two references essential during the formative stages: ''Robert's Rules of Order, Newly Revised'' and the Federation's ''Management Handbook: A Guide for the Organization and Management of Genealogical Societies'' (revised in 2000 by FGS).
 
You will find two references essential during the formative stages: ''Robert's Rules of Order, Newly Revised'' and the Federation's ''Management Handbook: A Guide for the Organization and Management of Genealogical Societies'' (revised in 2000 by FGS).
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The second method allows a few individuals to complete a large number of details in an expedient manner. Many people have neither the ability nor desire to be involved in organizational details. Choosing this method leaves the technicalities of establishing a society to a few interested parties. Before joining a society established by the second method, however, prospective members usually want to examine existing bylaws for restrictive rules and regulations.
 
The second method allows a few individuals to complete a large number of details in an expedient manner. Many people have neither the ability nor desire to be involved in organizational details. Choosing this method leaves the technicalities of establishing a society to a few interested parties. Before joining a society established by the second method, however, prospective members usually want to examine existing bylaws for restrictive rules and regulations.
  
'''Rules and Regulations'''
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==Rules and Regulations==
  
 
''Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty.'' General Henry M. Robert
 
''Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty.'' General Henry M. Robert
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The first two rules are actually documents, each serving a specific function. The last two rules define the details of the society and should be adopted separately from the bylaws.
 
The first two rules are actually documents, each serving a specific function. The last two rules define the details of the society and should be adopted separately from the bylaws.
  
'''Articles of Incorporation'''
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==Articles of Incorporation==
  
 
The document entitled “Articles of Incorporation” is a legal instrument which sets forth the name and objectives of your society and other information required for incorporation under the laws of a particular state. The Articles supersede all other rules of a society and generally contain only the information necessary to obtain the instrument from the state and establish the desired status of your society under law. Keep the Articles of Incorporation simple; leave as much as possible to the bylaws.
 
The document entitled “Articles of Incorporation” is a legal instrument which sets forth the name and objectives of your society and other information required for incorporation under the laws of a particular state. The Articles supersede all other rules of a society and generally contain only the information necessary to obtain the instrument from the state and establish the desired status of your society under law. Keep the Articles of Incorporation simple; leave as much as possible to the bylaws.
  
'''Bylaws'''
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==Bylaws==
  
 
Bylaws are the operational blueprint of your society. They describe the relationship between the members and the working groups within the society. Bylaws contain basic rules relating to the society, but not the parliamentary procedures to be followed. The essential articles in bylaws of any society should appear exactly in the following order:
 
Bylaws are the operational blueprint of your society. They describe the relationship between the members and the working groups within the society. Bylaws contain basic rules relating to the society, but not the parliamentary procedures to be followed. The essential articles in bylaws of any society should appear exactly in the following order:
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<li>Procedure for Amendments</li></ol>
 
<li>Procedure for Amendments</li></ol>
  
'''Rules Of Order'''
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==Rules Of Order==
  
 
Rules of order are the written rules of parliamentary procedure adopted as part of the bylaws. They refer to the orderly transaction of business in meetings and to the duties of officers.
 
Rules of order are the written rules of parliamentary procedure adopted as part of the bylaws. They refer to the orderly transaction of business in meetings and to the duties of officers.
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Most societies specify an authority, such as ''Roberts Rules of Order'', in their bylaws. They then adopt only rules of order as needed to supplement the authority such as the order of business, length and number of speeches allowed in debate, and duties of officers.
 
Most societies specify an authority, such as ''Roberts Rules of Order'', in their bylaws. They then adopt only rules of order as needed to supplement the authority such as the order of business, length and number of speeches allowed in debate, and duties of officers.
  
'''Standing Rules'''
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==Standing Rules==
  
 
Standing rules are an expansion of the bylaws. They are designed to take care of the business of the society in a practical manner and are not usually adopted at the time a society is established but individually as the need arises.
 
Standing rules are an expansion of the bylaws. They are designed to take care of the business of the society in a practical manner and are not usually adopted at the time a society is established but individually as the need arises.
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These rules can be easily modified. They require a majority vote but no previous notice. They may be adopted or changed at any business meeting. Examples include: Time of meeting, day of meeting if month is provided in the bylaws, or a statement that an officer may hold only one position at a time.
 
These rules can be easily modified. They require a majority vote but no previous notice. They may be adopted or changed at any business meeting. Examples include: Time of meeting, day of meeting if month is provided in the bylaws, or a statement that an officer may hold only one position at a time.
  
'''Incorporation'''
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==Incorporation==
  
 
A society of individuals incorporated under the authority of state law is considered a corporation.
 
A society of individuals incorporated under the authority of state law is considered a corporation.
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Thoroughly investigate and acquire all necessary papers. The Articles of Incorporation may be filed by mail or in person with the proper state office. The papers must be notarized and must be accompanied by a filing fee.
 
Thoroughly investigate and acquire all necessary papers. The Articles of Incorporation may be filed by mail or in person with the proper state office. The papers must be notarized and must be accompanied by a filing fee.
  
'''Taxes'''
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==Taxes==
  
 
A nonprofit tax-exempt corporation is organized for nonprofit activity, with purposes that qualify it for exemption from payment of federal corporate income taxes. Obtain, and read thoroughly, U.S. Internal Revenue Service Publication 557, Tax Exempt Status for your Organization. This publication can be obtained at no cost from the address of the regional IRS office that serves your state or by
 
A nonprofit tax-exempt corporation is organized for nonprofit activity, with purposes that qualify it for exemption from payment of federal corporate income taxes. Obtain, and read thoroughly, U.S. Internal Revenue Service Publication 557, Tax Exempt Status for your Organization. This publication can be obtained at no cost from the address of the regional IRS office that serves your state or by
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Your society may also be exempt from certain state taxes but the law varies from state to state. Check with the proper tax authority regarding application for exemption.
 
Your society may also be exempt from certain state taxes but the law varies from state to state. Check with the proper tax authority regarding application for exemption.
  
'''Other Taxes'''
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==Other Taxes==
  
 
Even though your society may become a tax-exempt organization it must still pay othertaxes. Investigate the requirements for taxes at all levels of government. Each level of government operates differently in collecting taxes. It is important that your society learn what taxes it is responsible for and pay them promptly. Always keep current with tax rulings and laws at all levels of government.
 
Even though your society may become a tax-exempt organization it must still pay othertaxes. Investigate the requirements for taxes at all levels of government. Each level of government operates differently in collecting taxes. It is important that your society learn what taxes it is responsible for and pay them promptly. Always keep current with tax rulings and laws at all levels of government.

Revision as of 19:36, 11 August 2012

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