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RE: [atlarge-discuss] incorporation - misinformation debunked
I suggest to all this is eroneous at best. There is no US law governing
incorporation, "agents" are for service of process, in most "jurisdictions"
yet in some it is different.
Contrary to world belief the US is made up of 50 different states, that is
why it is called a republic, For wich it stands.
The IRS is an entirely different matter. Who is ICANN's agent? I am the
registered IRS agent for many companies but you cannot find out who. However
an agent for service of process is entirely public in each state.
e
> @Large,
>
> The term "Registered Agent" in the US with regard to not-for-profit
> organizations means simply an individual listed as the primary contact
> with the IRS. While some might charge, in my experience it would be an
> individual for whom there would be small likelihood of them changing
> regular mailing address (the main reason for having one) and who would
> not charge the corporation for the service. Typically it is one of the
> "founders" of the incorporated entity. It might also be a CPA or other
> financial type depending on the size and structure of the entity. My
> past experience has been that a volunteer with strong interest in the
> future of the organization donates the time and effort to be the
> "Registered Agent" and forwards any snail mails to the appropriate
> current address. A Registered Agent is named in the incorporation
> papers, and may be changed as necessary by notification of the proper
> authorities, primarily the IRS....
> ===============
> b. Registered Agent and Office
> The purpose of appointing an agent is to provide an individual upon
> whom service of process may be made and also a person to whom
> correspondence from the Secretary of State can be sent. This entity
> must be either a natural person and a resident of (the State where
> incorporated) or a corporation with a purpose clause permitting it to
> be an agent for other corporations, with an office in (the State where
> incorporated).
> ===============
>
> Sincerely,
>
> Jeff Holt
> Jefftttt@txucom.net
> www.tejas-info-services.com
>
>
> -----Original Message-----
> From: Abel Wisman [mailto:abel@able-towers.com]
> Sent: Saturday, July 05, 2003 8:10 PM
> To: 'Atlarge Discuss List'
> Subject: RE: [atlarge-discuss] incorporation - misinformation debunked
>
>>From my knowledge registered agents cost money, substantial amounts of
> money.
>
> I would appreciate it if someone could outline the exact process that
> is involved with:
>
> Incorporation in the USA
> Obtaining IRS 501(c)(3) status
> Maintaining both
>
> Incorporation in AU or NZ
> Tax-exemption status
> Maintenance
>
> Incorporation in any EU country
> Tax exemption status
> Maintenance
>
> Regards
>
> Abel
>
> P.S, links to relevant information sites would be most appreciated as a
> form of reference above the "I've done dozens in my time" references
>
>
>> -----Original Message-----
>> From: Jeff Holt [mailto:jefftttt@txucom.net]
>> Sent: 06 July 2003 01:29
>> To: atlarge-discuss@lists.fitug.de
>> Subject: RE: [atlarge-discuss] incorporation - misinformation debunked
>>
>>
>> Ron et al...
>>
>> I don't know where you got this mis-information, but I have
>> been involved with IRS 501(c)(3) organizations since 1977 and
>> the actuality is much less cumbersome than you describe. The
>> Registered Agent for the organization handles most legal
>> correspondence and I have little doubt that the annual
>> filings would be trivial in nature. For a start-up the
>> history you allude to is irrelevant. There is to my
>> knowledge NO Requirement for any "disclosure" of stockholders
>> as you refer to it, since there are NO "Stockholders" to
>> speak of for such an entity. Your anti-US bias shows through
>> clearly, "further domination of the Internet"???
>>
>> Sincerely,
>>
>> Jeff Holt
>> Jefftttt@txucom.net
>> www.tejas-info-services.com
>>
>>
>> -----Original Message-----
>> From: Ron Sherwood [mailto:sherwood@islands.vi]
>> Sent: Saturday, July 05, 2003 11:50 AM
>> To: Jeff Holt; atlarge-discuss@lists.fitug.de
>> Subject: Re: [atlarge-discuss] incorporation
>>
>> Jeff Holt wrote:
>> The crafting
>> > of the AoI does need careful consideration to insure that ease of
>> > modification, but from my experience it is not difficult to achieve.
>> In
>> > fact, I have a template from another IRS 501 (c)(3)
>> organization that
>> > could be easily modified to fit our own, as I am sure many would.
>>
>> Good afternoon, Jeff and all:
>>
>> It is attractive to consider the US as the location of
>> incorporation, but there are drawbacks too.
>>
>> 1) IRS 501 (c) (3) status is not easily achieved. It
>> requires a complex and time consuming application process
>> that includes all the red tape associated with not-for-profit
>> incorporation, plus audited statements of financial status
>> including a three year history and forward financial
>> projections. It requires disclosure of corporate officers and
>> stockholders and is related to the corporation as a taxable
>> entity. It also requires disclosure of percentage of
>> stockholder (or membership) nationality and other details
>> that apply to the proportion of a corporation that is
>> required to be US owned.
>>
>> 2) Incorporating in the US implies further US domination of
>> the Internet user group that we wish to represent.
>>
>> 3) While you have suggested Florida as a location (good
>> choice if in the US, because of the officer' personal
>> property protection laws in that state), the liability risks
>> for officers is much higher in the US than it is in most
>> other countries.
>>
>> I think we should seriously consider the EU as a location for
>> incorporation
>> because:
>>
>> 1) It appears to be much easier and faster, with less red
>> tape and lower individual liability.
>>
>> 2) It removes us from the US centric image that ICANN is stuck with.
>>
>> 3) It makes ICANN look even more US centric if they try to
>> block or ignore a serious, legally-incorporated grass-roots
>> group from another part of the world.
>>
>> Ron Sherwood
>>
>>
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