25

You can't grant or license that which is not yours. For example, the Slack terms of service say: We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Authorized Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract ...


9

Yes. Money damages can be awarded in this circumstance and would likely be awarded if the infringement was found to have occurred and not to have been fair use. Even in the absence of proof that any profits are made, there are statutory damages that can be awarded on a per offense basis for copyright violations, and trademark cases in addition to having ...


6

An LLC can obtain a 501(c)(3) designation, but all its members/owners must also be 501(c)(3) non-profits. So if Red Cross and Habitat for Humanity and Goodwill got together to start an LLC, that LLC could obtain a 501(c)(3) designation. If a human person is a member of an LLC, that LLC cannot obtain a 501(c)(3) designation. I don't think there's any reason a ...


5

There's nothing that makes it illegal to ask others to give you money to donate to a third party. But if you want to say you're fundraising on behalf of another organization, obviously you need its permission. And if you want contributions to be considered charitable for tax purposes, and you want to make sure you don't wind up paying taxes on ...


5

The actions that constitute patent infringement do not depend upon whether or not the infringer is a nonprofit or not. Disgorgement of profits is one possible remedy for patent infringement, and if the entity made less profits than a for profit company might have under similar circumstances, from the infringement, that particular remedy would be likely to ...


4

A registered agent's address must generally be a physical address where the registered agent or someone authorized to accept process for a registered agent is physically present. This is because service of certain kinds of process (e.g. subpoenas) must be made by hand delivery in the absence of a court order authorizing an alternative means of serving ...


4

Yes. Even if you didn't profit from the violation, the company may have incurred losses because of it (e.g., lost sales because somebody was giving away copies of their product for free).


3

Churches are available for tax-exempt status, and if your church is filed this way then you should work with them to determine how you will legally transfer money in this tax-exempt manner. Donors (or many of them) will likely be interested in receiving a tax letter than they can claim for write-offs at year-end. You, not being an officer or ...


3

No An amendment must happen at a meeting: without a quorum there is no meeting.


3

Oliver or his shell corporation could have directly forgiven the debt as a gift to the debtors. As a gift, it would not have to be reported as income, according to the IRS. In that case, he would need to file Form 709 and he would have to pay federal gift tax. There is an annual exclusion of $14,000 per donee, which probably is a drop in the bucket. It may ...


3

They need only take " reasonable measures", which is fairly subjective sounding... I know... But it just means that it's a fact dependent analysis taking into consideration all of the facts that are readily available. So, for example, it would be a different burden if you had 10,000 people coming, vs 10. If you post a sign saying no alcohol allowed on ...


3

From the U.S. Equal Employment Opportunity Commission (EEOC) website: An employer must have a certain number of employees to be covered by the laws we enforce. This number varies depending on the type of employer (for example, whether the employer is a private company, a state or local government agency, a federal agency, an employment agency, or a labor ...


3

This would be a co-operative society, or a 'co-op': A Co-operative Society is a membership organisation run for the mutual benefit of its members – serving their interests primarily by trading with them or otherwise providing them with goods, services and facilities – with any surplus usually being ploughed back into the organisation, although ...


3

The relevant section of US patent law was already posted in an answer on one of the questions you linked, but I'll repeat it: 35 USC 271 (a): Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention ...


3

Maybe, but maybe not; or, It all depends As with most questions about private foundations, the answer to your question depends on the details about: a) your specific situation; and, b) how exactly the IRS has interpreted the relevant tax code. To figure out what options you have, and which will work best for you, you need to talk to a tax attorney who has ...


3

You can do it using a US non-profit, but you need a lawyer We know it can be done in the US using a non-profit because it has been done. For example, the Clay Institute’s Millennium Prize does exactly what you propose: it pays people who solve unsolved math problems. Similarly, the the Everglades Foundation used a prize to get people to come up with new ways ...


3

What's the point of having by-laws if "no person can assert that they haven't been complied with"? You are misquoting the excerpt. Both excerpts read "No corporation [or] guarantor of an obligation of a corporation" rather than "no person". The prohibition restrains the corporation and its guarantor, not the "person ...


3

Partial answer "19 (1) No corporation, no guarantor of an obligation of a corporation and, in Quebec, no surety may assert against a person dealing with the corporation or against a person who acquired rights from the corporation that (a) the articles, the by-laws or any unanimous member agreement has not been complied with;". This means that a ...


2

It depends, and you have to check your Articles of Incorporation, which are public documents filed at the State corporations department. They are typically online. If your organization is organized on a Board-control basis Then the very idea of a "member" is only nominal. It's a legal fiction, and is basically a kudos, recognition or some package of ...


2

If an action was taken that violates the bylaws you don't need to appeal to any external power; under the organization's own definition the action is invalid. In the given example, it's like the Annual Meeting did not happen. The bylaws should declare what the consequences of that are. Typically a lawsuit or injunction would only be sought if actions are ...


2

Yes, Virginia nonstock corporations are required to have a board of directors...unless the members or directors expressly agree to eliminate it. Requirement for and duties of board of directors (§ 13.1-853) A. Except as provided in an agreement authorized by § 13.1-852.1, each corporation shall have a board of directors. B. All corporate powers shall be ...


2

Within the field of accounting, the process of maintaining financial records and auditing financial records for purposes other than tax collection is called "financial accounting" as distinct from "tax accounting" and as distinct from "managerial accounting" which is the internal use of financial information for the purposes of managing the entity and ...


2

There is room for interpretation. The Congressional Research Service issued a paper in 2013 which restates what it found the law to be. However, there isn't a corpus of publicly available cases which test the limits (post Citizens United or otherwise). There seems to be a private letter from the IRS (redacted) where such a status was revoked for political ...


2

Under U.S. federal tax law: In general, a discount on a service provided to a charity is not tax-deductible. There is no deduction for "opportunity cost." So, for example, if you bill professionally at $100/hour, but you offer service to a qualified charity at $25/hour, you do not get to deduct $75/hour of your time. But you can generally deduct the value ...


2

It really depends on the claim they make. Claiming to be a 501(c) tax-exempt non-profit organization is a specific claim, and if they are not one but are soliciting donations claiming to be one, that would be fraudulent. Even if they had been given tax-exempt status that was obtained fraudulently, they aren't legally tax-exempt (see US v. Godfrey 787 F.3d 72)...


2

This isn't ambiguous at all. Article 5, Section 3 means what it says, non-Filipino citizens are exempt to the extent provided. Everyone else (and all income not exempted by Article 5, Section 3 for those with exemptions) is taxed to the same extent it would be if that individual was not affiliated with the Institute. Thus, Filipino citizens receiving ...


2

General Considerations Most non-profits either have self-perpetuating boards of directors, or have members or delegates whose elect a board. Membership in a typical non-profit would be defined to include donors and/or volunteers, or people who have affirmed the organization's principles. In very large organizations, members frequently elect delegates to a ...


2

There is no limitation, as a general rule, on how much of a tax-exempt nonprofit's donations can be used for overhead costs in California. Some organizations may have a purpose for which overhead is a legitimate use of 100% of donations. Private foundations (which are tax-exempt non-profits, which (to oversimplify) receive most of their donations from a ...


2

For a small nonprofit, I'd assume that those positions would not need to be listed. Under current IRS guidance, the organization must list: "All of its current officers, directors and trustees." The positions you've mentioned do not appear to match any of these categories, at least as defined in the Form 990 Glossary. "Up to 20 current employees who ...


Only top voted, non community-wiki answers of a minimum length are eligible