pennbeach;147459 wrote: ...In section 3 of the Articles it states...Said corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any furture federal tax code.
My question...if we are a PTO, do I need to say all this? For example "religious" or "scientific"?
It might be okay to drop it, but why? That's the standard phrase suggested by the IRS. It's in many of our bylaws exactly like that. So why tinker with it?
In our bylaws, we had the objectives of the organization bulleted (numbered) and then that phrase at the end as a general statement (not one of the objectives).
This PTO is organized exclusively for the charitable, scientific, literary or educational purposes within the meaning of Section 501 (c)(3) of the Internal Revenue code or corresponding section of any further federal tax code (hereinafter Internal Revenue Code).
if we dissolve we would want all our assets to be donated to the school. How do I say that in all that legal mumbo jumbo?
That's the dissolution clause. You want to stick as close to the IRS template language as possible. One key point, you need to say that about leaving it the school, but you also need to say what happens if the school doesn't exist. (i.e., school closes, so PTO ceases - where do assets go?).
Here's language that has been through the 501(c) approval:
Upon dissolution of this organization, after paying or adequately providing for the debts and obligations of this PTO, the remaining assets shall be distributed to ________School. If _____ School ceases to exist, remaining PTO assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.