Articles of Incorporation
Articles of Incorporation of _Chautauqua County Local Legends Of Music Memorial Fund
The undersigned, a majority of whom are citizens of the United States, desiring to form a Non-Profit Corporation under the Non-Profit Corporation Law of New York State,do hereby certify:
First: The name of the Corporation shall be Local Legends Of Music Memorial Fund.
Second:The place in this state where the principal office of the Corporation is to be located is the City of Celoron,NY;of Chautauqua County.
Third: 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 future federal tax code.
Fourth: The names and addresses of the persons who are the initial trustees of the corporation are as follows:
Names: Kelly Mesler & Todd Haskins Address PO.Box 92,(information cleared for private purposes), Celoron,NY 14720
Fifth: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article Third hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.Or Notwithstanding any other provision of these articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this corporation.
Sixth: Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, to a Chautauqua County Music Program in a public school district for instruments for students which remain property of that school. for a public purpose. Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
Seventh: It is the desire of the donor to first assist those music programs in school districts that have the least amount of funding within the music department,to be determined by the Chautauqua County Local Legends of Music Fund are to be received at a Chautauqua County instrument store, by a Chautauqua County School district music teacher. Instruments are to become property of the school district and remain in the school districts music program use only and must be kept on file therein.
Eighth: Districts must report programs utilizing the instruments and instruments obtained via email spunkyproductions@mail.com or postal to the above listed address.
Additional Provisions: Draft A – Articles of Incorporation
The corporation will distribute its income for each tax year at a time and in a manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Internal Revenue Code, or the corresponding section of any future federal tax code.
The corporation will not engage in any act of self-dealing as defined in section 4941(d) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
The corporation will not retain any excess business holdings as defined in section 4943(c) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
The corporation will not make any investments in a manner as to subject it to tax under section 4944 of the Internal Revenue Code, or the corresponding section of any future federal tax code.
The corporation will not make any taxable expenditures as defined in section 4945 of the Internal Revenue Code, or the corresponding section of any future federal tax code.
In witness whereof, we have hereunto subscribed our names this day of _8-13_ 2013___.
_________(official signatures on document on file with IRS)___________ _Kelly Mesler & Todd Haskins____________________________