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Old 01-22-2015, 10:52 AM   #1
benwendi
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Default Board of Director for a Non-profit organization

I am a Canadian and reside in Canada but my girlfriend/fiancee is an American residing in North Carolina. She wants to register a non-profit organization and wants me to be one of the directors with her. Is there any limitation to this? Can I be on the board of directors?
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Old 01-23-2015, 01:05 AM   #2
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Default Re: Board of Director for a Non-profit organization

I wish to inform you that you can start a NGO along with your girlfriend/fiancee. In this regard individuals do not need to be U.S. citizens for starting a NGO.

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Old 01-23-2015, 01:40 AM   #3
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Default Re: Board of Director for a Non-profit organization

However, you are not going to legally start or run it without a work type visa.
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Old 01-29-2015, 04:56 PM   #4
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Default Re: Board of Director for a Non-profit organization

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Originally Posted by benwendi View Post
I am a Canadian and reside in Canada but my girlfriend/fiancee is an American residing in North Carolina. She wants to register a non-profit organization and wants me to be one of the directors with her. Is there any limitation to this? Can I be on the board of directors?
Prohibitions against ownership of US entites and property was long done away with in the 1960's, so you should have no problem becoming one of the directors. If you have concerns, writing North Carolina's Secretary of State will give you a definitive answer.

Of concern should be tax ramifications and the NGO be set up if it is to be a non tax paying NGO with this in mind. As well as potential liability from suit, which most NGO's obtain insurance against.

Law For Change recommends that any person considering forming an entity to pursue a charitable purpose and intending to seek exemption from federal and state income taxation in North Carolina should be aware of the possibility of the entity being classified for federal tax purposes as a “private foundation” (defined in Section 509(a)(3) of the Internal Revenue Code as any charity other than organizations described therein). Incorporators should seek to either structure the entity to avoid such status if possible or, if not, to include certain required provisions in the articles of incorporation (or other organizing document) and plan to comply with complex rules and regulations applicable to private foundations (often thought of as, but not limited to, “family” or “company foundations”). For more information on this subject see: ]; then check on Publication Number and then search for Publ 557 and see page 27 “Private Foundations and Public Charities.” See also Publ 4221-PC and Publ 4221-PF.
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Old 01-30-2015, 08:37 AM   #5
benwendi
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Default Re: Board of Director for a Non-profit organization

Thank you all for the response and information. I am only sitting on the Board in an advisory role and will not be involved in the day to day running of the organization at least as for now.
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Old 01-30-2015, 04:56 PM   #6
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Default Re: Board of Director for a Non-profit organization

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Thank you all for the response and information. I am only sitting on the Board in an advisory role and will not be involved in the day to day running of the organization at least as for now.
You should have no problems for multinationals have US branches and subsidiaries of their foreign corporations.
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Old 06-27-2015, 03:38 PM   #7
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Default Re: Board of Director for a Non-profit organization

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I am a Canadian and reside in Canada but my girlfriend/fiancee is an American residing in North Carolina. She wants to register a non-profit organization and wants me to be one of the directors with her. Is there any limitation to this? Can I be on the board of directors?
Yes you could serve in that capacity. (South Carolina Code Section 33-8102)

BUT don't do it! You have nothing outward to gain and there are potential fiduciary and financial risks involved.

So politely decline. She does need anyone but herself to serve in that position. * so remind her that it is not necessary that you nor anyone else joins her on the board.
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[*] S. C. Code Section 33-8-103. Number and election of directors.

(a) A board of directors consists of one or more individuals with the number specified in or fixed in accordance with the articles of incorporation or bylaws.
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Old 12-28-2016, 12:57 PM   #8
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Default Re: Board of Director for a Non-profit organization

Is it the same for UK citizens?
Can I serve on the Board of the DE non-profit corp?

From the above it seems I can??
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Old 12-29-2016, 06:45 AM   #9
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Default Re: Board of Director for a Non-profit organization

Yes the same. You can serve on the Board but see and consider the comments above as well.
There are duties and obligations and potential liabilities to being on a Board.
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Old 06-05-2017, 05:05 AM   #10
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Default Re: Board of Director for a Non-profit organization

Florida

Our local community pool association nonprofit fired its entire management team but never gave notice to all of us that have contributed over the last few tears.

Is that legal to handle that in that way?
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