If you change from one to the other, you are essentially starting a brand new group, so you would need to apply for 501(c)(3) status for the new group.
We have lots of helpful info on moving from a PTA to a PTO and the 5019(c)(3) process.
CJsMom;142079 wrote: I have just taken over as PTA President for a smaller elementary school. We have found out that the past president did not fill out forms and send our dues into the state PTA. This has led to a discussion on transitioning to a PTO.
One thing that is confusing me is the statement in other bylaws (ours are quite old and have not been updated) that we must surrender our monies to another 501(c)(3). Can we start up a PTO before disbanding and give the monies to that group?
Hi CJs --
You could do that, but I find that that often invites questions/conflict. Easier to spend the dollars down to zero or donate the funds to the school, in my opinion. Technically, I think you can do what you are proposing, but I don't recommend it.
Also, since the info was not sent in, we are at the point of being terminated by the PTA. Of course, if we send the monies in, we will be reinstated immediately. If we choose to go the PTO route, should we rejoin and disband or just let them terminate us?
If you're planning on disbanding and you're already basically inactive/defunct as it is -- no, I wouldn't reactivate and then terminate. No reason to. Just more busywork/bureaucracy for no gain, in my opinion.
I have just taken over as PTA President for a smaller elementary school. We have found out that the past president did not fill out forms and send our dues into the state PTA. This has led to a discussion on transitioning to a PTO.
One thing that is confusing me is the statement in other bylaws (ours are quite old and have not been updated) that we must surrender our monies to another 501(c)(3). Can we start up a PTO before disbanding and give the monies to that group?
Also, since the info was not sent in, we are at the point of being terminated by the PTA. Of course, if we send the monies in, we will be reinstated immediately. If we choose to go the PTO route, should we rejoin and disband or just let them terminate us?
MomToRedHeadBoys;141858 wrote: Our PTA Board has voted to change to a PTO. We invited our families to an informational meeting, absolutely no one showed up. Our next step was to send a ballot to our members for a vote. I haven't been able to find a sample ballot anywhere. Does anyone have one they are willing to share? Any help/guidance is appreciated.
Hi momred --
I don't have a sample ballot for you, but -- just as an FYI -- most of the bylaws I've ever read don't require that that vote be a written ballot of all your members. Typically, a written ballot at awidely announced meeting (provided you get a quorum present) is sufficient.
tigerfamily5;141540 wrote: We are considering changing from PTA to PTO. My biggest concern at this point is our assets and how this change will affect our finances. I've read throught our by-laws but cannot find mntion of any seizure type clause. Any advice? I don't want to ask our state PTA rep. b/c they will then be aware of our concerns.
Hi tigerfamily -
This clause is always fairly gray, because (in my opinion) it's virtually indefensible. The good news is I've never seen a disbanding group lose it's assets. It's almost always a threat, but I do not believe it is enforceable.
That said, the easiest way to eliminate the worry is to just spend your funds down to zero and dispose of/gift/transfer (legally) your assets before officially disbanding. Then there's nothing to argue about, even if PTA wanted to argue.
