[Koha] Subject: Re: Message from PTFS/LibLime and 501-c-3 organizations

[Chris Cormack]

Hi Jim

Please repost the following below on the wiki (or if you don't have
time, do I have your permission to do so?)
Maybe here is a good place

http://wiki.koha-community.org/wiki/Forming_a_Koha_Foundation

Chris
2010/9/18 Jim Minges <jminges at nekls.org>:
> Hello,
> I am not promoting establishment of a Koha foundation under U.S. tax laws in
> preference to incorporation in some other country, but with respect I
> believe some of the concerns about use of the U.S. IRS 501-c-3 status are
> not entirely accurate. I have some experience in that area having
> established several 501-c-3 organizations including most recently a library
> foundation in 2009. While it certainly does take some time to gain that
> status the process is not inherently difficult, simply detailed and time
> consuming. The terms "public charity" and "private foundation" have
> particular meanings in tax law, primarily related to their sources of
> funding, but either is a fully tax-exempt organization. Probably the funding
> sources of a Koha organization would lead to its having the status of a
> private foundation. Any 501-c-3 is also incorporated in a U.S. state as a
> not for profit corporation, an extremely simple process.
> An association is really not a meaningful legal term, so a Koha Association
> could in fact be legally established as a foundation. The distinctions in
> governance and control that are of obvious concern would depend upon the
> bylaws and some details of the 501-c-3 application, rather than than either
> its name, or its legal status as a charity or foundation. I understand that
> there are connotations to words that might make the Koha community more
> comfortable with a particular name for the organization. That would present
> no obstacle to the 501-c-3 process.
> I repeat that I am not personally expressing any preference for the country
> in which the organization would be incorporated. I have confidence in the
> Koha community being able to come to a good decision on that in the process
> that seems to be underway.
> Jim Minges
>
> --
>
> "NEKLS and its member libraries are leaders and innovators in providing
> exemplary library services."
>
> Jim Minges, Director
> Northeast Kansas Library System
> 4317 West 6th Street
> Lawrence, KS  66049
> Phone: 785-838-4090      FAX: 785-838-3989
> jminges at nekls.org
>
> _______________________________________________
> Koha mailing list
> Koha at lists.katipo.co.nz
> http://lists.katipo.co.nz/mailman/listinfo/koha
>
>