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Note: This is an html adaptation of the
original Articles of Incorporation on file with the Vermont Secretary of State.
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VERMONT SECRETARY OF STATE
Location: 81 River Street Mail: 109 State Street
Montpelier, VT 05609-1104 (802) 828-2386
ARTICLES OF INCORPORATION
(Nonprofits and Cooperatives)
| Corporate name: |
Stark Mountain Foundation, Inc. |
the name must end with one of these endings - corporation,
incorporated, company, limited or cooperative - (if it is a cooperative),
or an abbreviation thereof |
| Name of registered agent: |
Peter J. Monte |
A registered agent is an individual or a domestic or foreign
corporation, profit or non-profit, whose business office is identical to
the address of the registered office. The registered office must be located
in Vermont. A registered agent receives various kinds of legal notices,
including service of process for the corporation. A corporation cannot act
as its own registered agent. |
| Address of registered office: |
[Location:] |
258 South Main Street, Northfield, Vermont 05663 |
[Mail:] |
P. O. Box 270, Northfield, VT 05663-0270 |
| The period of duration shall be: |
Perpetual |
| Please check the box that applies for your corporation: |
| [ X ] Public Benefit Non-profit corporation (T.11B) |
[ ] Mutual Benefit Non-profit corporation (T.11B) |
| [ ] Worker Cooperative (T.11) |
[ ] Housing Cooperative (T.11) |
| [ ] Marketing Cooperative (T.11) |
| Operating year end: |
September 30 |
| DIRECTORS names and addresses: |
Non-profit corporations must have at least 3 directors;
Marketing cooperatives must have at least 5 directors; Worker cooperatives
are governed under T.11A; 3 directors.; Housing cooperatives must have at
least 3 directors. |
- Leigh Michl 74 Cherry Brook Road, Weston MA 02493
- Debra Steines 7 Sharon Drive, Manchester CT 06040
- T. Spencer Wright P.O. Box 1685, Waitsfield, VT 05673
|
MEMBERS names and address: (if it has members) |
This Foundation shall NOT have members. |
Unless provided in these articles a corporation shall have a
president, secretary, treasure, and any other officers appointed by the
board of directors. The same individual may hold all offices except the
office of president & secretary. |
NUMBER OF SHARES AUTHORIZED: (IF STATUTE ALLOWS) |
NONE |
Non-profits governed by T.11B, cannot authorize shares.
COOPERATIVES need to refer to the appropriate statute to
determine whether additional information is required to be included in your
articles. Corporations wishing to obtain tax exempt status from the Internal
Revenue Service may want to include certain provisions required by the IRS
in their original articles. |
| PURPOSES: |
(Every corporation organizing under T.11B is considered as
being organized for the purpose of engaging in any lawful purpose without
being limited to any one or more of the following purposes: charitable;
benevolent, eleemosynary; educational; civic; patriotic; political;
religious, social; fraternal; sororal; literary; cultural; athletic,
scientific; agricultural; horticultural; animal husbandry; and professional,
commercial, industrial or trade association.) |
|
All references in these Articles of Incorporation to the Internal Revenue Code shall
be to the stated Sections and to all corresponding provisions of any future Federal tax
laws and are herein called the "Tax Code".
The Foundation is established solely for such charitable, benevolent, eleemosynary,
educational, civic, cultural, athletic, and scientific, purposes as are allowed to
organizations exempt from Federal income tax and described in Tax Code Sections 501 (c)(3)
and 170 (c)(2).
The Foundation may engage in any lawful purpose allowed for a nonprofit corporation
under Vermont law. Specifically, but without limitation, the Foundation's purposes
include each of the following:
- To preserve and protect the environment and ecosystems of General Stark Mountain
in Fayston, Vermont, ("Stark Mountain") including acquiring land and other
interests in real property on or near Stark Mountain;
- To preserve and protect the outdoor recreational qualities and facilities, and
the unique historical character, of Stark Mountain, including without limitation, its
winter skiing experiences;
- To conduct programs and activities in furtherance of support of any of the
foregoing purposes including, without limitation, educational and informational
programs about the environment and ecosystems of Stark Mountain, and its surrounding
environs, and their outdoor recreational qualities and facilities, and to participate
in the maintenance, repair and renovation of historically significant structures and
equipment that are employed in such outdoor recreation; and
- To furnish funds, property, grants, and services to other organizations in
furtherance of any of the foregoing purposes.
Notwithstanding any other provision of these Articles, the Foundation shall not carry
on any activities that are not permitted to be carried on by an organization exempt from
Federal income tax under Tax Code Section 501 (c)(3).
Notwithstanding any other provision of these Articles, and except as otherwise
provided by Tax Code Section 501(h), the Foundation shall not engage in or carry on
propaganda or otherwise attempt to influence legislation, or participate in or intervene
in (including the publication or distribution of statements) any political campaign on
behalf of, or in opposition to, any candidate for public office.
Set forth below provisions not inconsistent with law regarding the distribution of
assets upon dissolution.
No part of the net earnings or assets of the Foundation, on dissolution or otherwise,
shall inure to the benefit of any private individual, including any director or officer of
the Foundation except that reasonable compensation may be paid for services rendered to or
for the Foundation. On liquidation or dissolution of the Foundation, all its remaining
assets, after payment of the necessary expenses of the Foundation, shall be distributed and
paid over to such organization or organizations selected by the directors of the Foundation,
in their sole discretion, and which qualify under Tax Code Section 501 (c)(3) and which
have purposes as near as possible to those of this Foundation.
In any taxable year in which the Foundation is determined to be a private foundation
as described in Tax Code Section 509(a), the Foundation will distribute its income for each
tax year at such time and in such manner as not to become subject to the tax on
undistributed income imposed by Tax Code Section 4942, and the Foundation shall NOT do any
of the following:
- Engage in any act of self-dealing as defined in Tax Code Section 4941 (d);
- Retain any excess business holdings as defined in Tax Code Section 4943 (c);
- Make any investments in such manner as to subject it to tax under Tax Code Section
4944; and
- Make any taxable expenditures as defined in Tax Code Section 4945 (d).
NON-PROFIT CORPORATIONS UNDER T.11B, ARE REQUIRED TO FILE BIENNIAL STATUS REPORTS
(EVERY 2 YEARS). THE SECRETARY OF STATE WILL SEND NOTICE WHEN IT IS DUE. COOPERATIVES
CHARTERED AS "PROFIT" ARE REQUIRED TO FILE A REPORT EACH YEAR AT THE CLOSE OF ITS
FISCAL YEAR END.
|
| One or more persons of majority age (18) may act as incorporator by signing
below. |
| Incorporator's signature: |
|
| Incorporator's name: |
Peter J. Monte |
| Incorporator's address: |
258 South Main Street, Northfield, VT 05663 |
FEES
$75.00 - Non-profit corporation, T.11B
$75.00 - Worker Cooperative, T.11, Ch.8
$75.00 - Cooperative Housing Ownership Act, T.11, Ch.14
$20.00 - Cooperative Marketing Act, T.11, Ch.7 |
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