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[atlarge-discuss] incorporation
Since it is obvious that incorporation is by far one of the most, if not
the most important action this organization requires taken I would like
to have some information from those that are in a position to provide
this (lawyers ,experienced):
Can incorporation take place without by-laws in place, or can very
simple and easily amendable by-laws be used.
I know this will depend on the "where" we incorporate but it is my
assumption on this moment that incorporation means more to the
organization then by-laws. If nto then incorporation might be a long
time away, seeing as that by-law creation will be a long lasting
procedure.
Though I favour the creation of by-laws before incorporation and in that
same line to have the by-laws dictate the incorporationprocess as in
where and how, I can also see that any "official" business with USA
based partners is harder to commit without "offical" incorporation.
It should be known that in several EU countries the gathering of people
expressing the will to organize by law constitutes a "society"
(Vereniging, Vereign, Societe), which obviously by the comments untill
now is not the case in the US.
A "society" is an organization that can be covered by a mission
statement and the board members only, so that one can work on by-laws
and such in relative calm.
Also in the EU one has the difference between the "statutes" and
"by-laws" where the by-laws are the "internal rules" that govern the
organization and the statutes are the offical and law-binding "mostly
standard" documents (i.e. mission statement, date of inc. terms of
office and official address, minimum officers (Pres. Treas. Sec.).
I am not looking for a way to railroad the membership out of voting on
important matters as by-laws, I am just considering that if there is a
possibility to incorporate now and go on about the creation of by-las
over a nominal period of time, we might be able to work more prolific on
other matters such as funding.
I would be more then interested in the opinion of those that hold
knowledge on this in several countries over the globe.
Kind regards
Abel Wisman
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