UPDATE-
We're all legal now. We've also formed a board of directors, including our attorney.
I have waited to start asking sprint car manufactures for donated parts until we had legal documentation for the assembled corporation. We have obtained a Winters Quick change rearend and some chassis parts.
We still need money donations, so please help what you can.
I would appreciate someone to help create a website. One of the avenues is through "Go Daddy". PLEASE LET ME KNOW IF YOU CAN HELP !
Our corporation has been established, "RACERS AGAINST TEXTING WHILE DRIVING". Articles for the 501(c)(3) was sent in and I'll post the information when we receive it. If anyone is in doubt, the organization and filing numbers can be looked up in the State of Nebraska Registry.
Below is the email that our attorney wrote us board members.
"We have received word back from Secretary of State that the name is available to use as a corporate name"
Maureen
_____________________________________
Maureen Freeman-Caddy
Attorney
EDSTROM, BROMM, LINDAHL & FREEMAN-CADDY
P.O. Box 277
551 N. Linden
Wahoo, NE 68066
(402) 443-3225
maureen@wahoolaw.com
1
ARTICLES OF INCORPORATION OF RACERS AGAINST TEXTING WHILE DRIVING
The undersigned, acting as incorporators for the purpose of forming a corporation under the Nebraska Nonprofit Corporation Act, do hereby adopt the following Articles of Incorporation, hereinafter referred to as “Articles”: ARTICLE I
NAME
1.1 The name of the corporation shall be Racers Against Texting While Driving. The principal place of business shall be at Eagle, Cass County, Nebraska.
ARTICLE II
DURATION
2.1 The period of duration of the corporation shall be perpetual.
ARTICLE III
DESIGNATION
3.1 Racers Against Texting While Driving is a public benefit corporation.
ARTICLE IV BY-LAWS
4.1 The initial By-Laws of the Corporation shall be adopted by the incorporators hereof.
ARTICLE V
PURPOSE
5.1 The Corporation is organized for the purpose of bringing awareness to and educating the public regarding driving hazards, including but not limited to texting, emailing and other distractions while driving and other educational purposes under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
5.2 The Corporation is also generally organized to do everything necessary, proper, advisable or convenient for the accomplishment of the purposes herein above set forth, and to do all things which are not forbidden by the State of Nebraska, or by these Articles. Nothing herein set forth shall be construed as authorizing the
2
Corporation to possess any purpose, object, or power or to do any act or thing forbidden by law to a non-profit corporation organized under the laws of the State of Nebraska or under section 501(c)(3) of the Internal Revenue Code.
ARTICLE VI
NO MEMBERS
6.1 The Corporation shall not have members.
ARTICLE VII BOARD OF DIRECTORS
7.1 The affairs of the Corporation shall be managed by a board consisting of the
number of directors determined by the By-Laws, but not less than four (4). 7.2 All qualifications of members of the board of directors, their manner of selection, their number, and all vacancies in the board of directors, shall be as determined by applicable provisions of the By-Laws of the Corporation not inconsistent with these Articles. 7.3 The board of directors shall have the authority to utilize, disburse and extend the net earnings and principal held by the Corporation in accordance with the purposes for which the Corporation has been organized and exists and in accordance with the applicable provisions of these Articles and the By-Laws of the Corporation.
ARTICLE VIII
OFFICERS
8.1 The affairs of the Corporation shall be administered by the officers designated in the By-Laws. The officers shall be elected by the board of directors at its organizational meeting following the annual meeting of the members and at each annual meeting of the board of directors thereafter and shall serve at the pleasure of the board of directors. ARTICLE IX
REGULATION OF THE INTERNAL AFFAIRS
9.1 Provisions for the regulation of the internal affairs of the Corporation, including provisions for the distribution of assets on dissolution or final liquidation, are as follows:
(a) The Corporation shall have no capital stock and no part of the net earnings of the Corporation shall inure to the benefit of any member.
3
(b) The Corporation is not organized for pecuniary profit nor shall it have any power to issue certificates of stock or declare dividends.
(c) The Corporation may be dissolved pursuant to the provisions of the Nebraska Nonprofit Corporation Act in effect at the time of incorporation, which sets forth the process and the notice required to the Attorney General of the plan of dissolution.
(d) In the event of dissolution or final liquidation, the assets of the Corporation shall be distributed pursuant to said plan of distribution provided. In the event of dissolution, after payment to creditors, the final available 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, to a state or local government, for a public purpose.
(e) No disposition of the assets of the Corporation shall be effective to impair the rights of any member which are governed by the By-Laws.
(f) The private property of the incorporators, directors, officers, and members of the Corporation shall not be subject to the acts, debts, liabilities, or other obligations of the Corporation.
(g) Additional operational guidelines for operation of the Corporation are set forth in the By-Laws.
ARTICLE X
AMENDMENTS
10.1 Amendments to these Articles shall require the assent of at least a majority of the Board of Directors, provided that written notice be given of the proposed amendment to each director, at least seven (7) days prior to the amendment being voted upon, unless such notice is waived.
10.2 Amendments of the By-Laws of the Corporation shall be pursuant to the terms and conditions of the By-Laws. ARTICLE XI
INITIAL REGISTERED OFFICE AND INITIAL REGISTERED AGENT
11.1 The address of the initial registered office of the Corporation and the name of its initial registered agent at such address is as follows:
NAME
ADDRESS
Kevin Gilmore
550 David Lane, Eagle, NE 68347
4
11.2 The board of directors of the Corporation, from time to time, by appropriate resolution, shall have the power and authority to change the location of the registered office of the Corporation and to change the designation of the registered agent. ARTICLE XII
INCOPORATORS-
The name and address of the incorporators are as follows:
Board of Directors-
President-
Kevin Gilmore
550 David Lane, Eagle, NE 68347
Vice President-
Mathew Wilson
5613 Falcon Circle, Lincoln, NE 68516
Chief Brand Officer-
Nicole Battele
529 west 62nd street, Lincoln, Ne. 68505
Chief Technical Officer-
ADAM Wackel
658 Heather Circle Crete Ne. 68333
Threaded Mode
