How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 38127
Experience:  Retired (mostly)
10097515
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Situation I publish a church magazine that is currently operating

This answer was rated:

Situation: I publish a church magazine that is currently operating under the EIN of my church (a 501c3 non profit corp). The church is in agreement for the magazine and it's bank account to be transferred soon to a new non profit publishing corp (also a 5013c) that is friendly with the church.

Question #1: is it legal for the church to transfer over the bank account (with about $1,500) to the new publishing corp? I now have an EIN under the magazine's name,

Question #2: can the magazine pay for a new bulk mailing permit (in the name of the new publishing corp at a cost of about $400), out of it's own bank account during the time before the magazine has been legally separated from the church & transferred to the new corp?

#3:
The Board of Directors sent me a letter stating to "cease & desist" with any further publishing of the church magazine until certain legalities were clarified. The magazine had already been printed prior to this letter, but the president has nonetheless assigned blame to me over this, stating that I violated her "cease & desist" order.

I've been told that a "cease & desist" from anyone other than a judge has no legal validity or enforcement in California. Is this true?

Can anyone in California write an enforceable "cease & desist" letter?; can the board of directors of a non profit corp write an enforceable "cease&desist" letter?" If so, do they need specific verbiage?

Question #1: is it legal for the church to transfer over the bank account (with about $1,500) to the new publishing corp?

 

A: If that's the agreement between you and the church, then yes.

 

Question #2: can the magazine pay for a new bulk mailing permit (in the name of the new publishing corp at a cost of about $400), out of it's own bank account during the time before the magazine has been legally separated from the church & transferred to the new corp?

 

A: Yes. As long as there is no misrepresentation in the permit application.

 

#3: I've been told that a "cease & desist" from anyone other than a judge has no legal validity or enforcement in California. Is this true?

 

A: True. It's just a less than friendly notice that if you don't stop what you're doing, the sender will sue you.

 

Can anyone in California write an enforceable "cease & desist" letter?

 

A: Only a judge.

 

can the board of directors of a non profit corp write an enforceable "cease&desist" letter?

 

A: Nope. See my comments above.

 

Re your account and payment, you will have to discuss that with customer service. I "justanswer" the questions. I get paid, when you click Accept. That's all I know.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

socrateaser and 3 other Business Law Specialists are ready to help you

Related Business Law Questions