[svlug] officer status Re: Announcement: VP transition

[Warren Turkal]

On Dec 1, 2007 1:00 AM, Alvin Oga <alvin at mail.linux-consulting.com> wrote:
> > Warren Turkal wrote:
> > To be honest, I don't even know what action would require "officer
> > status." I am here to help the group as I have been in the other LUGs
> > in which I participated..
>
> usually, "officer status" is needed for:
> a) open a bank acct
> b) file papers on behalf of the corp
> c) get liability insurance for any activity the lug does
> d) any other legally binding docs and agreements
> e) probably an endless list if one is to bind the svlug community
>    to the promises made by its officers

That sounds reasonable...I thought you were referring to actions
within the group.

>    good thing though, that nobody can find the svlug community
>    to hold accountable for the misdeeds of its officers :-)

This statement seems a little passive aggressive to me.

>    and that svlug does not have any major assets that would
>    tease the suit happy lawyers
>
> the major problem or consideration for corps, dba, etc will be whose
> physical address does one use for the "registered service agent"
> as required by cali law
>
>         - best solution is to use a po box... and pass the key around
>         as needed to the next batch of officers

Registered agents in other states that I have done business were not
allowed to be PO Boxes. You had to have a physical address in the
state.

>         - it should be a static address accessible by any
>         and all officers at any time

I am not sure that I agree with that. The point of a registered agent
is to have an emergency address to contact a business. Due the fact
that we didn't have an independent third part functioning as our
registered agent in my Memphis LUG, we just had the treasurer do it.
We didn't seem to have the kind of political turmoil that I am sensing
in this group.

>         - who ever's name is on those forms and the address will
>         probably be liable for the actions or inactions of the officers
>         and maybe even the svlug activities
>         ( don't slip and fall.. or you'd be in trouble )

The officers and the board will be the most accountable people. The
registered agent only serves as a legal point of contact. For
instance, if someone decides to sue SVLUG, they serve the registered
agent. However, IANAL and YMMV.

>         - and someobody needs to cough up $800/yr or more
>         unless a 501c3 has a tax break on its minimum annual corp tax

A 501(c)3 is tax exempt.

> is all this legal complications worth it for a lug

It's not as bad as it sounds. It usually just means that someone needs
to file papers and pay the fee ($20 in TN) once per year. We never had
an issue with it in my Memphis LUG. I even went through the process of
reestablishing the corporation in TN. Due to the fact that the
officers at the time worked together, it was a pretty painless
project.

wt