SOARA is in the process of compiling the application to change our non-profit tax status from 501(c)(7) to 501(c)(3), which would make all donations to the Club tax deductible if approved. The I.R.S. requires specific wording that our current Dissolution Clause does not contain. In accordance with our Constitution, making the necessary change to our By-laws requires a vote of approval from 2/3 of our membership.
Please review the change as approved by our Board of Directors. Within the next few days you will receive an e-mail ballot. The Board recommends that you vote for Approval so we may move forward with the application process. In accordance with our Constitution, any votes not cast will count as “In Favor”.
Current Wording:
X. Dissolution of the Club can be determined by unanimous approval of the Board and two thirds (2/3) approval of the membership. In the event that SOARA members and officers approve dissolution of the club, All Club property, including repeaters, radios, antennas, etc., shall be donated to the American Radio Relay League (ARRL). All coordinated frequencies revert to the respective area coordination boards and/or authorities, and any and all revenues shall be donated to the American Radio Relay League (ARRL).
New Wording Approved by Board:
X. Dissolution of the Club can be determined by unanimous approval of the Board and two third (2/3) approval of the membership. In the event that SOARA members and officer approve dissolution of the Club, all Club assets shall be distributed to one or more amateur radio organizations that qualify under I.R.S. Section 501(c)(3), or corresponding section of any future tax code, at the time of distribution. The specific organization(s) selected to receive the assets shall be determined by a majority vote of the Board at the time of dissolution. Any such assets not so disposed of shall be disposed by a Court of
Competent Jurisdiction of the county in which the principal office of SOARA is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
Reasoning:
– Incorporates language required by the IRS
– It doesn’t make sense to donate large equipment such as repeaters and antennas to the ARRL. With proposed wording the Board could approve donating cash assets to the ARRL, and equipment to a local amateur radio club that qualifies.
– Board discussed that there is no need to specifically address coordinated frequencies.
73 de NI6X
Lori Carey, Treasurer