Re: [atlarge-discuss] Incorporating Non-Profit

["NameCritic" <chris1@telnor.net>]

Not many nonprofit organizations incorporate in delaware while 60% of all
nonprofit orgs are filed in california. Currently there are almost 90,000
registered charities in california and that figure does not include
Unincorporated Nonprofit Associations of which there are more of.

The Nonprofit laws I am familiar with, but by no means an expert, are
California's. I have Founded 2 here. One was a Missing Children's Org, the
other for Disabled Children, and am currently on the board of one of those
and a new one being formed in San Diego.

I've been through the process and have attempted to share that experience
here on the list, but it seems that Jeff Williams is the only expert here in
all matters pertaining to this group and in the future I think I shall just
bow to his superior intellect and I am thinking of running him for president
against bush in 2004. He and his INEGroup could obviously do a better job.

Then of course, anyone could.

Chris McElroy aka NameCritic
----- Original Message -----
From: "James S. Tyre" <jstyre@jstyre.com>
To: "Jeff Williams" <jwkckid1@ix.netcom.com>
Cc: <atlarge-discuss@lists.fitug.de>
Sent: Wednesday, October 09, 2002 9:57 AM
Subject: Re: [atlarge-discuss] Incorporating Non-Profit


> At 11:09 AM 10/9/2002 -0700, Jeff Williams wrote:
>
>
> >   Yes, and thanks again for these references.  I hope the Chris
(NameCritic)
> >has read them for Calif. closely.  However Eric, as you know Calif.
> >business code is a bit out of the norm, as is Texas.  Nevada for instance
> >is a bit more amenable.  I prefer Delaware's business code for a number
> >of well known and good business reasons.
>
>
> Please be so kind as to share the details of your knowledge and wisdom
> about the relevant Delaware law, particularly as applied to a bottom up,
> open and transparent organization such as (presumptively) you would like
> this one to be.
>
> I do not consider myself to be an expert in all facets of Delaware
> corporate law, but due to the paucity of authority in California pertinent
> to Karl's case against ICANN, I researched the relevant law of a number of
> other states, specifically including Delaware, to see if analogous
> authority could be found there.  In the course of doing so, I found that
> Delaware (if, hypothetically, ICANN was incorporated there and otherwise
> governed by Delaware law) imposed more roadblocks in the way of not only a
> minority Director like Karl but also members (if ICANN had any).  This was
> not particularly surprising, as Delaware corporate law does have a bias in
> favor of entrenched management, which is why, of course, many extremely
> large corporations have chosen to incorporate in Delaware, even though
> their actual headquarters are elsewhere.
>
> --------------------------------------------------------------------
> James S. Tyre                               mailto:jstyre@jstyre.com
> Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
> 10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
> Co-founder, The Censorware Project             http://censorware.net
>
>
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