I am one of many who have been seeking information concerning Brian's
stated intent of organizing RootsWeb as a nonprofit and then seeking
"charitable" (i.e, 501(c)(3) ) tax-exempt status.
I think many people are under the mistaken impression a business is "for
profit" by some sort of "default," ... in this case the impression seems
to be RootsWeb is "for profit" only because it has not yet filed its
application for "charitable" status from the IRS.
That is not the case with any business.
You organize as nonprofit or as for profit.
Specifically, in California you have two choices: for profit or non profit.
To organize the business *as* a nonprofit, you are required to state the
tax exempt status you *intend* to seek.
This is why I find it misleading to respond to "Are you nonprofit?" by
offering details of your preparation of an application for 501(c)(3) tax
exempt status.
The response does not answer the question, and obviously can cause
people to believe the only reason you are not nonprofit is because the
application must be approved.
I believe it is clear many people believe this is the case for RootsWeb.
Brian has stated he plans to form two corporations, one for profit and
the other non profit.
The specific identifying names of those corporations have not been stated.
However, according to the California Secretary of State's Documents
Filing Office,
Rootsweb.com, Inc., qualified for incorporation within
the past 10 days (of June 1999) under its earlier Delaware qualifying.
In other words,
Rootsweb.com, Inc. originally incorporated in Delaware.
I do not know the date of the Delaware incorporation, the CA Secty of
State doesn't record that information.
The various papers including officers, etc., have not been received by
the CA Secty of State's Document Filing Office because the qualifying is
so recent (within the past 10 days).
However, the agent for
RootsWeb.com, Inc. is Robert Tillman.
The type corporation is clear regarding for-profit or nonprofit.
"Rootsweb.com, Inc. is definitely NOT a nonprofit," according to the
Documents Filing Office of the California Secretary of State.
No record was apparent of another corporation by similar name of
Rootsweb/RootsWeb having filed incorporation in California.
If another corporation exists concerning RootsWeb, particularly if it is
organized as a nonprofit, I respectfully request Brian Leverich inform
us of this.
A requirement for obtaining IRS 501(c)(3) tax exempt status *is* being
organized as nonprofit. The structure of
Rootsweb.com, Inc., as
currently qualified by the CA Secty of State, would preclude obtaining
this status.
Sandy
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