| 1 |
A little background. |
| 2 |
|
| 3 |
According to New Mexico state law the only "Officer" required to be |
| 4 |
filed on the Articles of Incorporation is the office of President. New |
| 5 |
Mexico affords for the election of a Vice President (or multiple this is |
| 6 |
the only position wherein multiple positions are afforded), Secretary |
| 7 |
and Treasurer. Although it affords the capability to list these officers |
| 8 |
on the Articles it is not required by law. The rest of the Board should |
| 9 |
be listed on the articles as "Directors", note again that this listing |
| 10 |
is entirely optional. The only plus side to listing ones self on the |
| 11 |
Articles is it provides good legal standing for those individuals to |
| 12 |
protect the IP of The Gentoo Foundation, Inc. in a court of law. That |
| 13 |
being said there is also a downside, state and federal law provide the |
| 14 |
capability for officers and directors of the corporation to be |
| 15 |
implicated in civil law suits, a subject that would be mitigated by our |
| 16 |
non-profit status. I have seen this happen with both C and S class for |
| 17 |
profit corporations but have never heard of it happening with non-profit |
| 18 |
corporations. I also do not foresee any civil matters facing the |
| 19 |
foundation but one never can tell. |
| 20 |
|
| 21 |
At the moment the filed copy of our Articles of Incorporation have |
| 22 |
Daniel Robbins listed as the President, and Nicholas Jones, Kurt Lieber |
| 23 |
and Corey Shields listed as Directors. The positions of Vice President, |
| 24 |
Treasurer and Secretary remain un-appointed. |
| 25 |
|
| 26 |
If/When we hold elections is has to be noted that we have to file an |
| 27 |
amendment to the Articles with the state of New Mexico. |
| 28 |
|
| 29 |
Thanks for your time. I hope this all makes sense. |
| 30 |
|
| 31 |
Oh, and I second Corey's nominations :) |
| 32 |
|
| 33 |
--Dan |
| 34 |
|
| 35 |
|
| 36 |
|
| 37 |
On Wed, 2005-06-01 at 14:33 -0700, Corey Shields wrote: |
| 38 |
> Greetings to the new board! |
| 39 |
> |
| 40 |
> We have a few positions that need filled (President, Vice President, |
| 41 |
> Secretary, Treasurer I think.. correct me if I am wrong). |
| 42 |
> |
| 43 |
> With that in mind, I would like to nominate Grant for the position of |
| 44 |
> President. He has done a lot over the past year to hold the Board together, |
| 45 |
> and has fulfilled many of the responsabilities of a president without the |
| 46 |
> official title. |
| 47 |
> |
| 48 |
> I would also like to step up and volunteer myself for the position of |
| 49 |
> Treasurer. I have done a lot of the work behind the paypal fundraiser and |
| 50 |
> the reports of our initial earnings, and would like to continue such work. |
| 51 |
> |
| 52 |
> So, there are a couple of questions that we need to answer as we go: 1) how |
| 53 |
> do we want to go about assigning these positions (procedure?), and 2) what |
| 54 |
> specific responsabilities will lie with each? |
| 55 |
> |
| 56 |
> Cheers, |
| 57 |
> |
| 58 |
> -Corey |
| 59 |
> |
| 60 |
|
| 61 |
-- |
| 62 |
gentoo-trustees@g.o mailing list |
Archives