FarmHouse Fraternity, Inc.
7306 NW Tiffany Spring
Parkway, Suite 210
Kansas City, MO 64153
PH:   (816) 891-9445
FAX: (816) 891-0838
FHHQ@FarmHouse.org
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Copyright FH Fraternity 2008
Maintained and Designed by
Brian M. McCann (MS'95)

 

Expansion Manual

INCORPORATION OF THE FARMHOUSE ASSOCIATION


State statutes governing non-profit organizations usually provide for a simple form for the articles of incorporation and leave the method of carrying on corporation activities to be provided in the by-laws of the corporation. Most of the information required for the articles of incorporation on such a form can be found within the by-laws of the organization seeking incorporation. Therefore, a sample set of by-laws for a FarmHouse Association is included in this manual to be used as a guide or starting point for developing your own Association's by-laws. Due to lack of uniformity among the different states' statutes (and forms) governing incorporation of non-profit organizations, only a general treatment of what is expected in the articles of incorporation is offered here. However, you can probably expect the Secretary of State to ask for some or all of the following information: (not in any particular order)

1) the purpose or purposes for which the corporation is organized

2) a statement that the corporation is not formed to make a profit or peculiarly gain (and perhaps that is organized without stock)

3) no part of the corporation's net income shall inure to any member or individual

4) the duration of the corporation - whether "perpetual" or for a certain period of time (A FarmHouse Association should be perpetual)

5) that the powers of the non-profit corporation are to be exercised by a governing body called either a Board of Directors or a Board of Trustees (Some state statues require a vote of the membership before the Board can purchase, sell, or lease property or amend its charter)

6) the names and addresses of the original members of the Boards of Directors. The form may also require a provision that subsequent members of the Boards will be elected by the general membership of the corporation.

7) a statement that there will be an annual meeting of the members of the corporation

8) the title of the corporation must indicate that is a corporation (for example, Texas FarmHouse Association, Inc. Vs Texas FarmHouse Association)

9) the street address of the initial registered office of the corporation and name of its initial registered agent (this should be one of the incorporators and his home address)

10) the name and address of each incorporator
Note: The incorporators of the FarmHouse Association do not have to be its initial Boards of Directors. However, the initial Board of Directors and the incorporators, can be, and often are, the same men.

11) a statement of who makes up the membership of the corporation

12) a dissolution statement

13) the signatures of all the incorporators witnessed and acknowledged by a notary public.

Just as all of the above information may not be required in your articles of incorporation, neither may the above list be inclusive of all the information required when your association applies for incorporation. If you have any doubts as to whether or not you have met all of the requirements for incorporation, you may wish to hire an attorney, or enlist the services of an attorney from among the FarmHouse membership in your state, to assist you. Whether you use an attorney's help or not, one of the best things you can do is ask to see the articles of incorporation issued to other fraternity housing corporations at your university.

If you do solicit the service of an attorney, you may be able to save him some time (and yourself some money) if you give him the following list of questions to consider:

1) Is the corporation one governed by a general statute relating to non-profit corporations?

2) In the absence of a general statute, or in addition to such a general statute, is the corporation to be created governed by a statute governing fraternal corporations? (For example, a Washington statute governs Fraternal Building Corporations)

3) Does the governing statute require approval of the corporate charter by a court or by some state officer or board?

4) Are there any statutory provisions governing corporations in general which are equally applicable to non-profit corporations? (Some statues provide that non-profit corporations shall be covered by the act relating to corporations generally except as specifically otherwise provided.)