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Re: [Spridgets] NLBC: car club legal question

To: "Deikis, John G" <John.Deikis@va.gov>
Subject: Re: [Spridgets] NLBC: car club legal question
From: "Jim Johnson" <bmwwxman@gmail.com>
Date: Tue, 6 Jan 2009 13:18:41 -0600
On Tue, Jan 6, 2009 at 10:58 AM, Deikis, John G <John.Deikis@va.gov> wrote:
>
>
> 1. Do the officers and board of a car club have liability exposure if
> someone takes legal action against the club?


If the club is (and it should be - its cheap and easy) incorporated as a
non-profit corporation you are safe. The club can be sued for its assets,
but individual officers/directors are safe.  Contact your Secretary of
State's office. You can usually meet all the incorporation requirements
online. If you regularly handle sponsorships and donations you should also
file an IRS form 1023 and get a 501(c)(3) status with the IRS. Then you can
extend tax deduction to your donors making it more attractive for them to
give you stuff.


> 2. Does anyone know if "Directors & Officers" insurance is commonly
> taken out by entities as podunk as a local British car club?


Given the above it is an unnecessary expense.

>
> 3. If a newsletter advertiser does not "do right" by a customer, and the
> customer learned of the merchant through the club's newsletter, can the
> customer name the club as well as the merchant in suit?


If you are a registered non-profit corporation all they can sue for is the
corporation assets and they are unlikely to get even that if your newsletter
contains a disclaimer in each issue.


> 4. Anybody know where I can read up on this sort of stuff?


Google "Non-profit Club incorporation benefits" or something like that. Also
check out LegalZoom.com.

I had to find out about all this stuff by paying lawyers exorbitant fees
only to discover I could have done it all myself at minimal cost. The
lawyers have a real racket going here. Anyone with half a brain can do this
stuff *IF* they find the instructions. The lawyers keep the instructions to
themselves....    ;-)

-- 
Cheers!!
Jim
"A government big enough to give you everything you want, is strong enough
to take everything you have." - Thomas Jefferson
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