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Re: [atlarge-discuss] incorporation - misinformation debunked
Eric and all fellow members,
I am sure, and recently re-assured by the DOJ that the gist of your retort
below is yet again inaccurate. I suggest you update your legal
knowledge in this area, and probably others, to post 2001, Eric.
Eric Dierker wrote:
> 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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> >>
> >>
> >>
> >>
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> >>
> >
> >
> >
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> >
> >
> >
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 131k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard
===============================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 214-244-3801
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