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Topic: Non attorney board members should be able to represent their non-profit in court!

Created on: 03/11/18 09:28 PM

Replies: 0

ROBERT90


Joined: 02/21/18

Posts: 2

Non attorney board members should be able to represent their non-profit in court!
03/11/18 9:28 PM

A church was sued that was non-incorporated so the Plaintiff successfully sued every member. I haven't researched the case, but I'm sure most of us has heard of it as it was well publicized.

An organization is NOT and should not be considered a fictitious entity. An organization is a group of people. The EIN is NOT the organizations social security number, but an IRS internal file number used by the IRS to tax the actions of the group of people. The Articles of Incorporation is NOT the entity's birth certificate, but State's internal document of association with the group of people. The assumed name is a name identifying the group of people when working in concert.

That stack of paperwork is not a fictitious entity. The group of people are real people and have rights and the paperwork just helps the IRS and State to interact with those group of people.

The argument of liability should NOT be used because a Sole-Proprietor has the same paperwork, but the individual assumes liability. The limited liability of organizations should be considered the liability of the actions of the people in concert, that liability is limited to what they do in concern, not in private, thus not taking one's home for the financial liability of the organization (group of people) since the individual got the home on their own, not with the group.

In court, who understands the organization better than the organizers and directors. What is through all of the lawyers trained by lawyers to work with lawyers creates a world where no lawyer can think outside of the lawyer box enough to give the group of people a fair trial? What if an organization one day has a legitimate cause (not cause of action) against jurisprudence as a whole and no lawyer who is born, bred and lives within jurisprudence can represent them. It's unfair to say the board cannot represent themselves on the pretense that the paperwork is the business. The paperwork IS NOT the organization, the people are the organization, the paperwork is just what the State & IRS

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